Charges for alcohol crimes in Utah are serious, and a conviction could change one’s life forever. To avoid the harshest punishments, it is important to speak with a defense lawyer as soon as possible. Our experience in providing criminal defense representation and successfully navigating the courts allows us to provide you with the best outcome possible for your case. We are ready to listen to your situation without judgment and offer you our expert legal advice on the best steps to protecting your rights and defending yourself against prosecution in Utah.
If you have been accused of an alcohol related crime in Utah, our Salt Lake City criminal defense lawyers are here for you. Call 801-980-9965 or complete our contact form to schedule a FREE case review.
Charged with a DUI
In Utah, the legal blood alcohol concentration (BAC) limit is .05. However, exceeding this limit does not automatically result in a DUI conviction. Law enforcement must first establish probable cause that you were driving under the influence before making an arrest. Chemical testing—such as breath or blood tests—typically occurs after probable cause is established or following an arrest.
If you are arrested, the officer will generally issue a temporary driver’s license, and the Utah Driver License Division may begin a separate administrative suspension process. Depending on the circumstances, you could face penalties such as license suspension, vehicle impoundment, and ignition interlock requirements. In many cases, an ignition interlock device may be required—particularly if your BAC is .16 or higher but requirements can vary based on the specifics of your case, including any plea or administrative outcome.
An experienced Utah DUI attorney can evaluate whether proper procedures were followed, challenge the evidence against you, and work to reduce or dismiss the charges whenever possible.
Learn More About DUI’s in Utah
Charged with an Open Container
Under Utah law (41-6a-526), it is generally illegal to possess an open alcoholic beverage in the passenger area of a vehicle. However, the law does allow for certain exceptions. Open containers may be permitted in areas not normally occupied by passengers—such as a trunk—or in a locked glove compartment. Exceptions can also apply to certain vehicles like limousines or buses.
If you are found in violation of Utah’s open container laws, you may be charged with a class C misdemeanor, which can carry penalties of up to 90 days in jail and a fine of up to $750. An experienced Utah defense attorney can review the specifics of your situation to determine whether an exception applies or whether the charge can be challenged.
Charged with Public Intoxication
Public intoxication is exactly what they sound like. Under Utah’s public intoxication law, 76-9-701, you cannot be drunk in public to the extent it seems you may harm someone else. This even includes ‘private places’ if your drunken behavior “unreasonably disturbs others”. The penalty may include jail time and a fine. It is a class C misdemeanor. Penalties increase if you have been charged with public intoxication and resisting arrest in Utah.
In Utah, public intoxication involves more than simply being drunk in a public place. Under Utah Code 76-9-701, a person may be charged only if they are intoxicated and their behavior either endangers themselves or others, or unreasonably disturbs others. This can apply in public settings and, in some cases, even private locations if the conduct disrupts those around them.
A public intoxication charge is typically a class C misdemeanor and may carry penalties such as fines and potential jail time. Penalties can increase if the situation involves additional charges, such as resisting arrest. An experienced Utah defense attorney can assess whether the legal standard for intoxication and harmful or disruptive conduct has truly been met and build a strong defense on your behalf.
Furnishing Alcohol to a Minor
Furnishing to a Minor, under Utah Code 32B-4-403, is selling, trying to sell, or providing alcohol to anyone under the age of 21. This criminal offense is a Misdemeanor B and may include up to 6 months of jail time as well as heavy fines.
Charged with Underage Drinking
If you are caught consuming alcohol under the age of 21, the penalty for underage drinking in Utah includes hundreds of dollars in fines and a possible suspended driver’s license. If the minor is under 18, they may be tried by the juvenile court.
Consequences You Face if Found Guilty of Alcohol Related Crimes in Utah
As stated above, some of these crimes have violators paying heavy fines, facing jail time, losing their licenses, and having their vehicles ignition interlock restricted. If someone is injured and you are found to be driving under the influence, your jail time can be much longer, and your license could be revoked. Or, for example, if you furnish minors with alcohol, are caught, and are a repeat offender, both your jail time and fines will increase.
Charged with an Alcohol Related Crime in Utah? Get a Free Case Evaluation from Wasatch Defense Lawyers Today
If you are charged with an alcohol related crime in Utah, contact us today for a free evaluation. No matter the circumstances, even if you know you are innocent, it is important to get an experienced attorney on your side as soon as possible.
