Alcohol Archives - Utah Criminal Defense Attorneys

What is Public Intoxication?

info@utahwebdesignpros.com — Mon, 17 Oct 2022 10:52:04 +0000

There are many different types of disorderly conduct that can lead to arrest. Some of the most common include:

· Public intoxication – This is when a person is drunk or under the influence of drugs in a public place.

· Disturbing the peace – This can include actions like fighting, making a loud noise, or blocking traffic.

· Loitering – This is when someone refuses to leave a public space when asked or hangs around without any apparent purpose.

· trespassing – This is when someone enters private property without permission.

Each state has its laws regarding disorderly conduct, so it’s important to know the specific laws in your area. If you’re charged with disorderly conduct, you may face 0fines, jail time, or both. A criminal defense attorney can help you fight the charges and protect your rights.

Defenses to Disorderly Conduct and Public Intoxication Charges

Many defenses can be raised in response to disorderly conduct and public intoxication charges. The specific reasons will depend on your case’s facts and state laws.

Some possible defenses to disorderly conduct or public intoxication charges include:

You were not intoxicated;

You were not in a public place;

Your actions did not rise to the level of disorderly conduct;

You were falsely accused; and

The police officer did not have reason to arrest you.

If facing disorderly conduct or public intoxication, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and the potential penalties. An attorney can also help you build a strong defense against the charges.

Have you been Arrested for a DUI During COVID?

info@utahwebdesignpros.com — Sat, 11 Jul 2020 17:42:54 +0000

We wondered what would happen if someone got arrested for a DUI in Utah during the COVID-19 emergency. With courts shutting down, it may be scary to be arrested and find yourself in jail indefinitely. It may be scary to think if you may be exposed to coronavirus while residing in your cell for so long. There is not much information out there, and the courts are nearly impossible to reach at this time.
The situation was clarified somewhat by the Utah Supreme Court when it issued an emergency order, ordering all state courts to cease most court hearings and instead to do necessary hearings remotely by telephone and video unless impossible.
Happily, there is some relief for those arrested for DUI in this crisis. The Utah Supreme Court took into account the uncomfortable reality that is people still being detained during this time and created a new process to keep as many people out of jail as possible. Here is how it works:
When you or someone you know is cited with a DUI, the arresting officer may either put the DUI driver in jail pending a hearing or let them go home, pending a hearing. What happens next in your Utah DUI case depends on what the officer did as far as this decision.
If the officer lets the DUI driver go home after his or her arrest for driving under the influence, the driver’s arraignment or first appearance may be deferred until a date 45 days after the filing of charges. The court may still do the hearing before that by phone or video, but the driver should not physically walk into a courthouse before then. Each court is different, so an attorney should be contacted right away to determine what to do.
Suppose the officer takes the driver into custody after the arrest for driving under the influence. In that case, the court will hold the driver’s arraignment or first appearance the next normal court day after the arrest, usually a weekday, except in Salt Lake City, where there is often Saturday court. At attorney should still be contacted immediately to argue to get the driver out of jail. A skilled Salt Lake City DUI attorney can argue that the courts have been ordered to consider the current Covid-19 emergency to be a factor that favors the release of the driver from jail. This is especially so if the driver is part of a vulnerable or high-risk group, as defined by the Centers for Disease Control.
Please also remember, and this is important, that the Utah Division of Motor Vehicles (DMV) only gives a driver seven days to request a hearing regarding the suspension of their driver’s license after a DUI arrest. For this reason, it is imperative to contact a Salt Lake City DUI attorney immediately upon arrest or release from jail.
If you are unsure of your Utah DUI arrest status, call our experienced legal team today, and we will help guide you through the process during these confusing times. Call us, and we will be there for you.

Operating a boat in Utah under the influence

info@utahwebdesignpros.com — Tue, 18 Feb 2020 20:23:32 +0000

Many states have separate statues that address the laws and punishments for operating either a boat or an off-road vehicle while under the influence of drugs and alcohol. These crimes are often referred to as a BUI as opposed to the more commonly known DUI charge. Utah does not have separate BUI laws in the books. Instead, boating and off-roading violations are handled under Utah’s DUI legislation. As many of us are aware, Utah has a reputation for aggressively prosecuting criminal offenses that deal with substances and operating motor vehicles. This means that a person can face serious legal consequences in seemingly “harmless” situations such as operating a boat while having a few too many beers with your friends.

A motorboat does count as a vehicle in Utah.

Do not make the mistake of thinking that just because you are not on the road that you won’t face potential DUI charges. Utah has structured its definitions so that virtually any machine that has an engine can be classified as a vehicle. (Even though this article discusses boating, we want to point out that it is possible to be charged with a DUI while operating a bicycle.) Back in the world of water sports, Utah’s DUI laws encompass the entire state, not just official roads. This means that you can be charged with a DUI for operating a boat out on the lake or driving an ATV down a popular approved trail.

It is equally important to remember that it doesn’t have to be just a police officer that can make an arrest or charge someone with a DUI or BUI while boating. Utah Division of Wildlife resource officers and park rangers are also permitted to make arrests and criminal charges based on public safety. If they see someone operating a boat in an unsafe manner, they usually have probable cause to “pull” the boat over and evaluate the situation. In many circumstances, things like slurred speech, red and watery eyes, and the odor or sight of alcohol result in criminal charges. Even the first offense can come with relatively hefty charges, normally classified as a Class B Misdemeanor. These penalties can increase based on the frequency of the infractions. Don’t let a BUI or operating a boat while intoxicated have a massive impact on your life. Contact our law office today if you have been charged in Utah and would like to speak with a legal professional today.

Underage alcohol charges in Utah

info@utahwebdesignpros.com — Mon, 06 Jan 2020 02:10:50 +0000

Regardless of their family background, upbringing, or parental care, children will make mistakes. As younger people mature, they tend to want to try new things. Even kids who have been “good” their whole lives may find themselves in situations where they experiment with alcohol. When an underage person consumes alcohol, not only are they committing a crime, they are putting themselves and others at risk. Fortunately, Utah is one of the nation’s lowest reported states of individuals drinking alcohol while they are under the age of 21. When looking at the statistics, roughly 10 percent of kids between the ages of 15 to 17 will try alcohol. These numbers jump to approximately 24% in the age group of 18 to 20. The number of deaths associated with underage drinking equates to roughly 32 deaths each year in Utah.

What are the charges for underage drinking in Utah?

It should come as no surprise that it is illegal for minors to consume, purchase, attempt to purchase or possess alcohol. It is also illegal for anyone over the age of 21 to purchase alcohol and distribute these materials to minors. When a minor consume or possess alcohol, they will be charged with a misdemeanor violation. The first violation (Class B Misdemeanor) can be meet with up to a one-year suspension of their driver’s license. They may also face a fine of $1000 and up to 6 months in jail. A subsequent offense (Class A Misdemeanor) can be meet with a 2-year suspension of driving privileges, a $2500 fine, and up to one full year in jail.

Are there any exceptions to these laws?

There are a few relatively rare situations in which it is legal in Utah for a minor to consume alcohol. Someone over the age of 18 may consume alcohol for medicinal purposes if their parent or legal guardian has provided the alcohol. A legal professional can also prescribe medicinal alcohol. It is important to observe local laws and regulations before alcohol is purchased or supplied to a minor for medicinal purposes.

Similarly, alcohol may be consumed and provided to minors for religious purposes. Some laws dictate when alcohol can be consumed as part of religious practice. It is important to follow local laws so that an arrest doesn’t happen when alcohol is consumed as part of a religious ceremony or practice.

Contact an attorney

If a minor has been charged with underage alcohol consumption or possession, it is important to mitigate the repercussions as much as possible. For most, their primary goal is to avoid a loss of their driver’s license or possible jail time. If you have been charged in Utah, consider calling Utah Personal Injury Attorneys at 801-987-8409 to speak with a legal professional and schedule a consultation.