Utah Criminal Defense

Utah Intoxication Defense Lawyer

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WHAT ARE THE PENALTIES FOR AN INTOXICATION CONVICTION:

Being convicted of Intoxication in Utah carries a maximum fine of $750 and can carry up to 90 days in jail. Although the bail schedule is a $220 recommended fine and it is doubtful that you will be put in jail as a first time offender. If you do get jail time, please appeal it immediately.

Generally, you will be placed on court ordered probation for 6-12 months with a great possibility of court ordered substance abuse classes. Depending on the severity of the incident, you can just pay the fine and close out the case.

Intoxication Defense Attorney

Utah Public Intoxication Charges can Suspend a Minor’s license.

CAN AN INTOXICATION CONVICTION SUSPEND MY DRIVERS LICENSE?
The biggest problem with a Utah Intoxication conviction is that it will suspend a minor’s drivers license on the first offense unless action is taken. If you are an adult, an Intoxication conviction will not suspend your drivers license. If you are between 18-21 years old and are convicted for Intoxication, your drivers license will be suspended for one year for a first offense. See Utah Code Ann. 53-3-219 (2019). A second Intoxication offense for a minor will cause a two year suspension.

CAN YOU GET YOUR LICENSE BACK EARLY? YES.

For first-time Utah Intoxication convictions you can get your drivers license back early if you take alcohol education classes. For a second time Utah Intoxication conviction, you can get your license back if you (1). enroll and make progress in a substance abuse treatment program, and (2). swear under oath if 18 years or older that you haven’t had a drink in one year, or if under 18 years old, your parents swear under oath that you haven’t had a drink for one consecutive year.

WHERE IS THE STATUTE FOR INTOXICATION:

Utah’s Intoxication law is found at Utah Code Ann. 76-9-701 (2019). The bulk of the statute reads:
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.

Utah’s Intoxication statute is written very broadly. What constitutes “MAY ENDANGER” is ultimately up to the jury–or courtroom democracy. This is where a good Utah Intoxication defense attorney can make all the difference. Being drunk is not enough.

Intoxication Defense Law Firm

Utah Public Intoxication Defense Lawyer

EXAMPLE:
Imagine you are drinking at the local Provo bar and decide to walk home instead of driving. On the way home you are stumbling and smell like booze. A Provo police officer sees you and initiates contact whereafter he cites you for public Intoxication. Hiring a true courtroom advocate to explain the story of walking rather than driving could make the difference to the jury, ending with an acquittal.

INTOXICATION EXPUNGEMENT IN UTAH:

If you are unlucky and convicted of Intoxication in Utah, you can get the conviction expunged by waiting three years from the time you successfully complete the probation period.
See this article on Expungement for more information.

INTOXICATION DEFENSE ATTORNEY:

Some criminal charges truly need a superior courtroom advocate on your side. Intoxication is one of them due the wildly varying and broad description of what Intoxication means. Jurors or the judge in a bench trial have large discretion in what Intoxication means and ultimately it is up to them to decide.

FREE CONSULT REGARDING YOUR INTOXICATION CHARGES:
UTAH PUBLIC INTOXICATION CRIMINAL DEFENSE LAWYERS:

Attorney Jake Gunter offers free consultations regarding your Utah Intoxication charges. Avoid having your license suspended, hire the right attorney. (801) 373-6345.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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