In general, it is not enough to be drunk to be charged. The term endangers to come into play, and there needs to be a reasonable likelihood that an individual can impose harm on someone else. An example would be an intoxicated person making aggressive stances or standing in such a manner that would indicate they are about to strike.

Penalties for Intoxication

In Utah, intoxication charges are a Class C Misdemeanor. This means that the maximum fine is $750 and up to 90 days in jail. However, most people will find that the penalties are around $200 with little to no jail time. In the grand view of possible criminal charges, this is relatively minor. However, these charges can be associated with other criminal offenses. As we know, drugs and alcohol will impede an individual’s ability to make rational choices. So it is likely that an intoxication charge follows other, more serious offenses.

What can be done about your intoxication charge?

For many people, an intoxication charge is a result of taking things too far one night. Perhaps you were out for a night on the town with your friends, and things turned south. If you have little to no criminal record, it is unlikely that an intoxication charge would result in life-changing consequences. For the most part, people are interested in working with local defense attorneys because it increases the possibilities these charges will be removed from their permanent record. This is primarily a concern for future potential careers or admittance into individual schools or training programs. If you have been charged with intoxication and would like to learn more about your legal options, call The Ault Firm today to request a case review.

The charge of public intoxication is confusing; arrests under this heading usually come off as entirely subjective and appear to be up to what the police officer who made the arrest was thinking about the situation. The actual wording of the Utah Law states that “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 the 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” (Title 76, Chapter 9, Section 701).

The problem with this is who determines endangerment? Even if the police officer determines you to be a danger to others, you may not be a danger, merely an annoyance, and the two are different things. More than that, an officer may arrest you for public intoxication if you are determined to be a danger to your safety, to say nothing of those around you. This arrest also comes whether you are in a typically designated public place, like a downtown bar, or even if you are at home and have been determined to be unreasonably disturbing to those around you.

A conviction for a charge of public intoxication can leave you with a jail sentence of up to 90 days and a fine of up to $750 – and if you have been arrested on the charge of public intoxication, you need a lawyer to help you get this charge off your record. A conviction for public intoxication can even lead to having your driver’s license suspended, and it will leave a black mark on your record that can have lasting consequences for your future employment, housing, and schooling.

If you have been arrested for public intoxication, give us at the Ault Firm a call today. We know the ins and outs of the legal system, and we can defend you from what could be a false arrest, and help you keep your record clean. Call today to schedule your consultation.

(See our webpage on public intoxication for more information.)