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Utah Criminal Defense Lawyer Salt Lake City

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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.

Selected Victories
Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.

Recent Posts
What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
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 »

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

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Conviction Consequences - Utah Criminal Defense

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 »

Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »

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

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