Under Utah law, simply being intoxicated in public does not establish all the elements of the offense of public intoxication. Utah code 76-9-701 provides 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 a 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.”
Public intoxication is charged as a class C misdemeanor under Utah law.
If you were charged with public intoxication in Salt Lake City, Utah, contact an experienced criminal defense attorney to discuss your case.
We represent both adults and young people under the age of 21 for this offense. Many of our clients are young people who also face other alcohol charges. We can help you understand the criminal offense of being intoxicated in public, the possible penalties, and important defenses to fight the charges. Call (801) 532-5297 today to discuss your case.
The physical manifestations of alcoholic consumption, such as slurred speech, bloodshot eyes, and a smell of alcohol on the breath are not sufficient to constitute public intoxication. Rather, the prosecution must demonstrate proof that the defendant posed a potential danger either to himself or herself or to others.
To prove that the defendant may have endangered himself or herself or another, the prosecution must prove, beyond a reasonable doubt, that there was a reasonable likelihood of endangerment or harm based on the particular circumstances. If the evidence shows only a speculative possibility of harm, then the defendant is not guilty of public intoxication.
In Utah, if an adult is convicted of the crime of public intoxication, the crime is classified as a class C misdemeanor. If a minor is found by a court to have violated this law, and the violation is the minor's first violation of this law, the court MAY (can) do the following:
For a young person who is at least 18 years old, but younger than 21 years old, a conviction for public intoxication comes with a driver license suspension under Utah code 53-3-219.
Upon receipt of a first-time order to suspend a person's driving privileges, the driver license division SHALL (must) immediately impose a suspension for a period of one year.
However, the court may order a reduction in the suspension period for various reasons, including that the minor completed an educational series and showed substantial progress in substance use disorder treatment—as outlined in Utah code 32B-4-409(5)(b).
When a person who is younger than 18 years old is found by a court to have violated this section, the provisions regarding suspension of the driver license under Utah code 80-6-707 apply to the violation.
If you were charged with being intoxicated in public, contact the experienced criminal defense attorneys at Brown, Bradshaw & Moffat, LLP. We represent clients for crimes related to alcohol and drug abuse crimes throughout Salt Lake City and the surrounding areas.
We can help you fight this class C misdemeanor so that you can avoid a criminal record and the collateral consequences that go along with it.
Call (801) 532-5297 today to discuss your case.
