Salt Lake Drunk Driving / DUI / DWI Defense Lawyer
Salt Lake area judges and prosecutor's take DUI charges seriously. If you are arrested for driving or being in actual
physical control of a vehicle while intoxicated, you may be facing jail time,
substantial fines, and other serious consequences. As an experienced Salt Lake
criminal defense lawyer, Stephen Howard can help."Drunk Driving" in Salt Lake - More Than Just Alcohol
Utah statutes relating to driving under the influence apply to more than just alcohol. The typical DUI charge in Salt Lake involves allegations that a person's blood or breath alcohol level is above 0.08, or that the person's consumption of alcohol has caused a degree of intoxication that made the person unable to safely operate the vehicle. But Utah DUI statutes also prohibit driving or actual physical control of a vehicle if a person is under the influence of any drug (including lawfully prescribed medications) to a degree that the person is not able to safely operate the vehicle. Utah statutes also prohibit driving with any measurable amount of any controlled substance or any controlled substance metabolite. This includes both illegal drugs (e.g. cocaine, methamphetamine, heroin, or marijuana/thc) as well as prescription drugs. However, it is an affirmative defense to a metabolite charge that the driver had a lawful prescription for the controlled substance.Consequences of a DUI Conviction in Salt Lake
First-time DUI charges in Salt Lake are typically filed at the class B misdemeanor level. But even a misdemeanor DUI can result in jail time. Enhancements can be imposed to increase the level of the offense if the case involves an accident resulting in injuries or if a minor child is in the vehicle at the time of the offense. Second and third DUI offenses carry enhanced minimum mandatory sentences. And a third charge within a 10-year period can be filed as a felony charge carrying the possibility of up to five years in prison.Beyond the criminal court process, Utah laws regarding DUI also provide that the Driver License Division can impose a driver license suspension of 120 days for a first offense, or a suspension of two years for a second or subsequent DUI offense. This suspension can be imposed before or without a court conviciton, and even before any court appearances are scheduled. Utah law requires that a driver cited for DUI request a hearing with the Driver License Division within 10 days of being cited. If no hearing is requested, the Driver License Division typically will take action and suspend a driver's license without waiting to see the outcome of any related court cases.
If you have been charged with DUI or a related offense in the Salt Lake area, contact us today to schedule an initial consultation with Salt Lake criminal attorney Stephen Howard.
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Dismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
- Recent Posts
How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences »
Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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