Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah DUI Attorney - Salt Lake Defense Lawyer

Criminal Charges for "DWI" in Utah

Utah does not recognize "DWI" as a crime. While It is fairly common to hear people refer to "DWI" charges in the Utah criminal courts system, the Utah criminal code does not contain an offense formally known as DWI. The use of this terms is ambiguous and confusing, because it is sometimes used to refer to a number of different drunk driving-related charges, including DUI, impaired driving, and metabolite charges. To eliminate confusion, defense attorneys, prosecutors, police, and defendants would all do well to eliminate this term from their vocabularies when dealing with Utah cases.

Salt Lake DUI LawyerIf you are charged with a DUI or other criminal charge, the consequences of a conviction can be serious. It is critical to have the assistance of an experienced criminal defense lawyer. Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah. Contact us today for an initial confidential consultation.

"DWI" is NOT a DUI

The term "DWI" is used in various other states to refer to drunk driving-related crimes. In some states, this acronym stands for "driving while intoxicated." In other jurisdictions, it may stand for "driving while impaired." Utah law does not use this term.

Utah has multiple drunk driving-related statutes, defining separate and distinct offenses. These include:

  • 41-6a-502 - driving under the influence of alcohol or drugs
  • 41-6a-502.5 - impaired driving
  • 41-6a-517 - driving with a measurable controlled substance or metabolite in the body

The elements of each DUI-related offense in Utah are unique. For example, a standard DUI (41-6a-502) can be based either on proof of impairment resulting from alcohol or drug consumption, or on proof that the person had greater than 0.08 alcohol concentration regardless of impairment. A metabolite charge (41-6a-517) is based on the presence of a controlled substance or metabolite in the driver's system, without any proof that the driver was either impaired or under the influence of any controlled substance or drug. Utah law provides that an impaired driving charge cannot initially be filed against any Utah driver. Instead, impaired driving can only be charges as a result of a negotiated plea agreement for a DUI charge.

"DWI" is NOT Impaired Driving

The term "DWI" is sometimes used in reference to what the Utah criminal code calls the offense of "Impaired Driving." Some people mistakenly believe that "DWI" stands for "driving while impaired" and refers to a Utah impaired driving charge.

In this context, people may sometimes refer to a "DUI" being "reduced" to a "DWI" charge. To use this term in this context is inaccurate and can cause confusion. Because the term "DWI" is used in other jurisdictions to refer to what Utah calls a full "DUI" charge, the use of this term may make it appear that a person was convicted of a full DUI.

Finding a Utah DUI / Criminal Defense Attorney in Salt Lake City

Utah Defense AttorneyDUI charges in Utah typically begin as class B misdemeanors. At this level, a conviction carries the potential for up to six months in jail and substantial fines. If injuries are involved, children are present in the vehicle, or if the defendant has prior convictions, the penalties can be enhanced as high as the felony level. The consequences can be serious.

If you are facing prosecution for DUI or other criminal charges in Utah, having an experienced criminal defense attorney on your side can be critical. Based in Salt Lake City, criminal lawyer Stephen Howard provides legal services to clients throughout Utah.

Contact us today to arrange for an initial confidential consultation.

RELATED CRIMINAL DEFENSE TOPICS
What are the penalties for a DUI conviction in Utah?
What should I do if I am stopped by police for DUI in Utah?
Do the standard DUI field sobriety tests prove impairment?


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed 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.
  • Utah Probation Attorney 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.
  • Utah Burglary Attorney 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 Constitutes Drug Parpahernalia in Utah 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. . . .
  • Utah Misdemeanor Attorney Salt Lake 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. . . .
Best Criminal Defense Strategy

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 »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.