Alcohol Crimes Defense in Utah
Utah Criminal Defense Attorney in Salt Lake City for Alcohol Charges
Utah alcohol
laws impose stiff penalties for relatively minor misconduct.
Penalties can include jail time, losing your driver's
license,
and more. If you are facing prosecution for alcohol-related criminal charges in Utah, an
experienced
Utah criminal defense
attorney
can make all the difference in your case.
Stephen Howard has
defended literally thousands of serious criminal charges ranging from
aggravated murder to white collar crimes to DUI. More
important,
he has a record of achieving
real
results for his clients. For clients facing alcohol-related
crimes, Mr. Howard's track record includes, dismissals, not guilty verdicts,
plea-in-abeyance agreements, and appellate reversal.
Contact
us to schedule an initial consultation.
Overview of Alcohol Crimes in Utah

This page will present a brief overview of information relating to some
of the more common alcohol-related crimes in Utah, including
DUI
(drunk driving),
driving
with measurable controlled substance or metabolite,
open
container laws,
public
intoxication,
minor
in possession (MIP),
contributing
to the
delinquency of a minor,
selling
alcohol to a minor, alcohol
restricted
driver violations, and
ignition
interlock restriction violations.
DUI / Drunk or Impaired Driving in Utah
Driving under the influence (
DUI or DWI)
is one of the most high profile and aggressively prosecuted crimes
involving alcohol. But a Utah DUI charge can also be based on
impairment caused by drugs (both "street"
drugs
as well as prescribed medications). A first-time DUI begins at the
class B misdemeanor level. But enhancements can often increase the
offense level to a class A misdemeanor or third-degree felony.
Enhancements for prior convictions can be based on prior charges
of DUI, Impaired Driving, Driving with Measurable Controlled
Substance, or Alcohol Related Reckless Driving (ARR). Other
enhancements can be based on the presence of a child in the vehicle or
on injuries caused by an accident involving DUI.
A charge of "
Impaired Driving" cannot be directly filed against a person under Utah law. Instead, an Impaired Driving charge is one potential
negotiated resolution to a DUI charge. While the Impaired Driving charge is still a class B
misdemeanor, it does not carry the same mandatory sentencing provisions and driver license suspension requirements as a DUI conviction.
Driving with Measurable Controlled Substance or Metabolite
Driving with a
Measurable Controlled Substance or Metabolite
is sometimes considered Utah's "other" DUI. Unlike a standard DUI, this
statute does not require any proof that the driver was "under the
influence" or otherwise "impaired" by the presence of a controlled
substance or controlled substance metabolite in the driver's system.
Instead, this charge can be supported merely by evidence of a
controlled substance or metabolite in a test of the driver's blood or
urine. Penalties for a "Metabolite DUI" are similar to a DUI, and a
conviction for metabolite can be used for enhancement purposes in a
subsequent DUI case.
Utah Open Container Laws
Possession of an
open container
of alcohol in the passenger compartment of a vehicle can lead to
criminal charges in Utah. Whether it is an open bottle of beer in the
driver's hand, or a half-empty bottle of wine in the back seat, a
container of alcohol that has had its original seal broken cannot be
transported or placed in the passenger compartment of a vehicle. If the
vehicle has a trunk that cannot be accessed from the passenger area, an
open container of alcohol can be transported in the trunk. But because
most SUV or minivan cargo areas can be accessed from a rear passenger
seat, these areas cannot be used to transport an open container of
alcohol.
Public Intoxication in Utah
The crime of Intoxication in Utah is commonly referred to as "
public intoxication"
because it often occurs in public. A charge of Intoxication can be
committed either in a public place, or in a "private place where the
person unreasonably disturbs another person." To support a charge of
intoxication, the evidence must show that the defendant was under the
influence of alcohol, a
controlled substance, or other intoxicating substance to a degree that the person was a danger to himself or herself, or endangered another person
Minor in Possession of Alcohol (MIP)
Possession
of alcohol by a minor (defined in Utah law as including any person
under the age of 21 years) is a criminal offense. In addition to jail
time and fines, a minor convicted of possessing alcohol can also face a
suspension of his or her driver license.
An
MIP
charge can be filed against a person under the age of 21 who either
consumes, possesses, purchases, attempts to purchase, or solicits
another person to purchase alcohol. An MIP charge can also be supported
by evidence that the person had a measurable breath, blood, or urine
alcohol concentration.
Furnishing or Selling Alcohol to a Minor
This
charge applies commonly applies to store clerks and restaurant servers
who accidentally sell alcohol to a person under the age of 21. Whether
the clerk accidentally misreads the customer's ID or becomes distracted
during a busy period and forgets to check the customer's ID,
prosecutors can file a criminal charge against the cashier.
This charge is not limited only to employees who fail to properly check IDs. A charge of
furnishing or supplying alcohol to a minor
can also be filed against a person who buys beer or alcohol on behalf
of a minor or gives a minor a drink at a party, sporting event,
concert, or other event.
Contributing to the Delinquency of a Minor
Under Utah law, a charge of
contributing to the delinquency of a minor
can cover a broad range of conduct. Generally, this charge is filed
against a person who has encouraged or assisted a minor (defined for
purposes of this statute as being under the age of 18) to commit some
act that would be a criminal violation of either state or federal law.
Encouraging or assisting a minor to commit an alcohol-related crime
would constitute a violation of this statute.
Alcohol Restricted Driver Violations
Convictions
for various crimes (such as DUI, impaired driving, ignition interlock
violations, automobile homicide) can cause a person to be classified as
an "alcohol restricted driver." A person may also become an alcohol
restricted driver by refusing to submit to a chemical test for the
presence of alcohol during a DUI investigation.
A person who is classified as an alcohol restricted driver may not drive or be in
actual
physical control
of a vehicle if the person has any measurable or detectable amount of
alcohol in his or her system. This statute does not require any
evidence of impairment, but is still classified a class B misdemeanor
(the same level as a first-time DUI offense).
Ignition Interlock Violations
Various alcohol-related convictions can cause a person to become an "
interlock restricted driver."
Even after a person has completed probation on the underlying criminal
conviction, Utah law may still require the person to have an ignition
interlock device installed in any vehicle that the person drives.
Either driving or being in actual physical control of a vehicle without
an ignition interlock device installed and working can result in
criminal charges.
Penalties for Utah Alcohol Crimes

Most alcohol-related crimes in Utah carry
misdemeanor
level penalties. But even a single class B misdemeanor is punishable by
up to six months in jail.
Some of the most serious alcohol crimes can be charged at the
felony
level in Utah. Automobile homicide (essentially a DUI charge in which a
negligent accident causes the death of another person) is punishable as
either a third or second degree felony. DUI charges can also be enhnaced to the felony level based on prior convictions.
Finding a Criminal Defense Attorney in Salt Lake City, Utah
Salt
Lake criminal defense attorney Stephen Howard has
successfully handled thousands of cases during his career. His
successes
include some of the most serious charges on the books in Utah. With
offices based in Salt Lake City, Mr. Howard offers legal services to
clients throughout the state.
If
you are facing alcohol-related charges,
contact
us now to schedule an initial consultation and case analysis.