Public Intoxication Defense Attorney Ogden
Often called "public intoxication," under Utah Code 76-9-701, an
intoxication charge can be filed for behavior
occurring in either a public
or private place. Criminal penalties for an intoxication conviction can
include jail time, substantial fines, and a range of
probation conditions. If you are charged with intoxication in Ogden or
elsewhere in Utah, it is critical to have a skillful criminal
defense attorney working on your side.
Utah criminal derense attorney Stephen
Howard has handled cases ranging from DUI to aggravated murder. He
has a proven record of successfully attaining real results for his
clients. Call us today to
arrange for
a confidential consultation to see how we can help you.
Elements of Intoxication under Utah Law

An
intoxication charge in Utah requires evidence that the defendant was
intoxicated to such a degree that he or she endangered either the
himself/herself or another person. Most intoxication charges in Ogden
involve alcohol. But an inoxication charge can also be based on
impairment resulting from the use of a controlled substance (drug) or
"any substance having the property of releasing toxic vapors."
A common misconception exists that a criminal charge for intoxication
must be based on conduct occurring in a public place. While many Ogden
intoxication charges arise from "public" incidents, the language of
Utah's intoxication applies both to "public" intoxication as well as to
conduct occurring "in a private place where the person unreasonably
disturbs other
persons." In other words, if a person's conduct is loud enough or
otherwise unreasonably disturbs other persons, a so-called "public"
intoxication
charge can be filed even for actions that occur in the "privacy" of
one's
own home.
Consequences of an Intoxication Conviction in Ogden
It may be tempting to think that since intoxication is "only" a
misdemeanor it need not be taken seriously. Some police officers may
even tell the person being cited or arrested that they will "only" have
to pay a fine. But the reality is that even a misdemeanor conviction
can have lasting consequences and should be taken seriously.
In many Ogden intoxciation cases, especially if the defendant does not
have a prior record of criminal convictions, a prosecutor may not ask
the court to impose jail time. But in such cases, the court will
typically suspend some period of jail time and place the defendant on
probation with a variety of restrictions and conditions. While a
defendant in such a case may not serve additional jail time, the case
will still result in a criminal conviction that could remain
permanently on the defendant's record.
The maximum potential penalty a court may impose for inoxication, a
class C misdemeanor, is a jail term of up to 90 days, a fine of $750,
plus an additional 90% surcharge. Additionally, a defendant under the
age of 21 can face a driver license suspension - even if no vehicle was
involved in the case.
Finding a Utah Criminal Lawyer in Ogden

If
you are facing
prosecution for intoxication or other criminal charges in Ogden, an
experienced Utah criminal defense lawyer can
help protect important constitutional rights. With experience defending
thousands of
felony
and
misdemeanor
cases during his career, Stephen Howard has the skills, knowledge, and
determination to help you get the results you need.
Contact us today to
schedule an
initial consultation. See how we can help you.
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