Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
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Intoxication Charges | Salt Lake City Defense Attorney

What is the Crime of Intoxication in Utah
What Does “May Endanger” Mean
Penalties for Intoxication in Utah
What To Do If You’ve Been Charged With Intoxication

What Is the Crime of Intoxication in Utah

It’s not just called “public intoxication” anymore, because it doesn’t have to be in public to be a crime, but the standard is different depending on whether the location is private or public.  Here’s the difference under the Utah intoxication statute (which you can find at 76-9-701):

  • If in public, the person must be intoxicated “to a degree that the person may endanger the person or another”
  • If in private, the person must be intoxicated and “unreasonably disturb other persons”

So, basically, it’s one of those crimes that give the police, and later the judge (or jury), a large degree of discretion, because they have to decide what “may endanger” or “unreasonably disturbs” means.

What Does May “May Endanger” Mean?

Fortunately, the Utah Supreme Court has provided some guidance in this area, by explaining that it’s not enough just to be drunk. In other words, just saying that all drunk people may fall down or may get in a fight or may drive their car is not enough.  The “may endanger” language means that there must be a “reasonable likelihood of harm based on the circumstances” and not just a “speculative possibility.”

In one case, for example, the court found a guy guilty of intoxication for being drunk and “puffing his chest out and taking a defensive posture similar to a boxer’s” when he saw the police officers. That’s enough circumstantial evidence to say he “may endanger others.” But note: if the same guy got just as drunk at home, and he “puffed his chest out and took a defensive posture similar to a boxer’s” while standing in front of the mirror, he’s not committing a crime, he’s just looking stupid. As in many areas of criminal law, context is everything.

Penalties for Intoxication in Utah:

Intoxication is a Class C Misdemeanor in Utah, so the maximum possible sentence is 90 days in jail and up to a $750 fine.  However, the standard fine is much lower (about $200), and most convictions will not result in jail time.  For many people, the most important aspect of an intoxication charge is keeping the conviction off their record for job purposes.

What to Do If You’ve Been Charged With Intoxication

If you’re interested in fighting you intoxication charge and keeping it off your record, contact me to discuss your case at a free consultation.  As discussed above, it’s a charge that gives the judge or jury wide discretion, so it can often help to have a good defense attorney on your side, to bring out the right evidence and frame the argument in your favor.

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Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
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