alcohol Archives - Utah Criminal Defense Attorneys

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.

Mistakes to Avoid After a DWI Arrest

info@utahwebdesignpros.com — Wed, 13 Feb 2019 17:48:50 +0000

Utah is one state that is notorious for taking DWI, DUI, or driving under the influence charges seriously. We are a state that is known for harsh punishments for these crimes. Local lawmakers have made their stance known by passing a new, lower blood alcohol content standard. This new measure of 0.05 gives Utah the lowest threshold in the nation. If you have been charged with a DUI, it is a serious crime and should be taken as such. You do, however, have a right to defend yourself. Below is a list of common mistakes to avoid if you have been arrested.

Avoid these mistakes in your DUI case.

Do not admit to anything: Sometimes, people will try to talk their way out of a sticky situation by revealing, “I had a beer or two.” We are not suggesting you lie to officers, but leave the burden of proof with them. You may be asked to use a breathalyzer, and officers will proceed according to what is measured. Remember, however, that these test results can be challenged in the future as part of your potential defense.
Deciding to represent yourself or failing to speak with a Salt Lake DUI defense attorney. It is almost always a good idea to request a case review so that an experienced law firm can go over your case to let you know where you stand in the eyes of the law. Another issue to avoid is to fail to show up in court hearings. Remember that ignoring a problem will not make it go away. Your best bet is to have someone on your side, willing, and able to fight for your rights.
Assuming you do not have options. Many people tend to believe that prosecutors have an air-tight case against them. This is especially true if it is your first brush in with law enforcement. The reality is that there may be flaws in how evidence was gathered, and the protocol could have been broken. An example would be if the officer pulled you over without any cause to do so.

Speak with an attorney

You have probably heard the notion that knowledge is power. When you contact your local defense law firm, you stand to gain new insight and learning about your case and charges. Reaching out to a legal professional is one of the best ways you can genuinely understand where you stand in the eyes of the law. If you have been charged with a DUI in or around Salt Lake City, contact The Ault Firm at 801-987-8409 today.