Public intoxication is defined as a condition in which an individual is under the influence of alcohol, a controlled substance, or any substance that releases toxic vapors. This state must reach a level where the person:
The legal definition often results in arrests where individuals exhibit disruptive or dangerous behavior due to intoxication. Let’s explore the key elements, penalties, and defense strategies associated with public intoxication, particularly under Utah law.
To be charged with public intoxication, the following elements must be present:
In Utah, these statutes are so broad that almost anyone leaving a bar could theoretically be guilty of public intoxication. Arrests often occur when individuals exhibit behavior that catches the attention of law enforcement, such as being loud, obnoxious, or visibly impaired.
Yes, it is possible to be charged with intoxication in a private residence, although it is less common. To face charges, your behavior must unreasonably disturb others. Most public intoxication arrests, however, occur in public settings.
Yes, Utah law allows for charges related to drug intoxication, even if the substance is lawfully prescribed. Controlled substances include:
If law enforcement determines your drug use has caused dangerous or disruptive behavior, you may face intoxication charges.
Second Offense for Minors:
If you qualify, it’s possible to remove a public intoxication conviction from your criminal record. For more details, refer to resources about Utah’s expungement process.
In smaller Utah cities, jury trials for public intoxication charges are uncommon. Typically, these cases result in a plea agreement where the charge is reduced from a Class C Misdemeanor to an Infraction, which carries less severe penalties.
When charged with an infraction:
The phrase “may endanger yourself or others” is deliberately broad, giving prosecutors flexibility in proving their case. For example, merely being intoxicated in a public setting, such as leaving a bar, can be interpreted as potentially dangerous. This is where hiring an experienced attorney is critical to challenge the evidence and interpretation of the law.
A skilled Utah intoxication defense attorney can argue that:
| Category | Penalties |
|---|---|
| Adults | $220 fine, probation, substance abuse evaluation. |
| Minors (1st Offense) | Lesser fine, substance evaluation, 1-year license suspension. |
| Minors (2nd Offense) | Treatment program enrollment, 2-year license suspension (early reinstatement possible). |
If you are charged with public intoxication in Utah, swift legal representation can help reduce charges or secure alternative sentencing.
Contact Utah Intoxication Defense Attorney Jake Gunter at (801) 373-6345 to discuss your case and explore your legal options.
Conclusion
Understanding public intoxication laws in Utah is crucial for navigating these charges effectively. While the laws are broad and often subjective, an experienced defense attorney can provide the legal expertise needed to challenge your case.
1. Can you get charged with public intoxication for prescription drugs?
Yes, even lawfully prescribed medications like oxycodone can lead to charges if they impair your behavior.
2. What is the difference between a Class C Misdemeanor and an Infraction?
A Class C Misdemeanor is more serious, carrying possible jail time, while an Infraction does not.
3. Can minors face harsher penalties for intoxication?
Yes, minors face unique penalties, including longer driver’s license suspensions for repeat offenses.
4. Is public intoxication a felony?
No, public intoxication is typically a Class C Misdemeanor or Infraction in Utah.
5. Can I fight a public intoxication charge?
Yes, with the help of a qualified attorney, you can argue against the evidence or seek reduced penalties.
6. How long does it take to expunge a public intoxication conviction?
The process depends on your eligibility and the court’s backlog but typically takes a few months.
Contact Attorney Jake Gunter today to safeguard your rights and secure the best possible outcome.
Here is the Complete Statute Below:
Effective 7/1/2018
76-9-701. Intoxication — Release of arrested person or placement in detoxification center.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons.
(2)(a) A peace officer or a magistrate may release from custody a person arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for the protection of the person or another.
(b) A peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody.
(3)(a) If a minor is found by a court to have violated this section and the violation is the minor’s first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 41-6a-501;
(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or substance abuse disorder treatment as indicated by an assessment.
(b) If a minor is found by a court to have violated this section and the violation is the minor’s second or subsequent violation of this section, the court shall:
(i) order the minor to complete a screening as defined in Section 41-6a-501;
(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or substance abuse disorder treatment as indicated by an assessment.
(4)(a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219.
(b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the suspension period required under Section 53-3-219 if:
(i) the violation is the minor’s first violation of this section; and
(ii)(A) the minor completes an educational series as defined in Section 41-6a-501; or
(B) the minor demonstrates substantial progress in substance abuse disorder treatment.
(c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the requirements of Section 53-3-219, the court may reduce the suspension period required under Section 53-3-219 if:
(i) the violation is the minor’s second or subsequent violation of this section;
(ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(iii)(A) the person is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a); or
(B) the person is under 18 years of age and has the person’s parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian’s knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a).
(5) When a person who is younger than 18 years old is found by a court to have violated this section, the provisions regarding suspension of the driver’s license under Section 78A-6-606 apply to the violation.
(6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section 78A-6-117, the court may only order substance abuse disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment.
(7) When the court issues an order suspending a person’s driving privileges for a violation of this section, the person’s driver license shall be suspended under Section 53-3-219.
(8) An offense under this section is a class C misdemeanor.
Amended by Chapter 330, 2017 General Session
