Possession or consumption of alcohol by a minor is typically charged as a class B misdemeanor in Utah. In addition to potential jail time and fines for a criminal conviction, you may also lose your driver license.
Under Utah law, the Utah Driver License Division is required to suspend a minor’s driver license for up to one year for a first violation of Utah Code 32B-4-409. A second violation will result in a two-year suspension of your driver license. Having an experienced Utah criminal defense attorney on your side can give you the best chance of avoiding a conviction and keeping your driver license.
Under Utah Code 53-3-219, the Driver License Division is required to suspend your driver license upon a finding by a court that you have violated Utah Code 32B-4-409 (unlawful purchase, possession, or consumption of alcohol by a minor). In many cases, even entering into a plea in abeyance agreement will still involve a finding by the court that you have violated Utah Code 32B-4-409. Thus, even without a conviction, the Driver License Division may still suspend your license.
The best defense attorneys ask questions that police don’t.
For a first violation, a court may order a reduction in the suspension period if you complete an educational series (e.g. Prime for Life). For a second violation, your license may be suspended for two years. Under current Utah law, the court is not authorized to reduce the suspension period for a second conviction.