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.

If
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

DUI
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?