In general, an alcohol related crime may be described as an act that is considered to be illegal when it involves the consumption, sale, transport, possession, service, and/or distribution of alcohol or any type of alcoholic beverage. Depending on the nature of the alcohol related crime that is committed, a convicted defendant may face a number of penalties. These include having to pay criminal fines and/or being ordered to serve a jail or prison sentence.
Although there are some federal law requirements, laws governing alcohol related crimes are primarily enacted by states and/or local counties within a particular state. Thus, the penalties and requirements for alcohol related crimes can vary widely by jurisdiction. The state of Utah is no exception and has adopted many laws to regulate alcohol and alcohol related crimes that take place in the state.
To learn more about alcohol related crimes, and the penalties that you can receive if convicted of an alcohol related crime, you should speak to a criminal defense attorney in your area about the matter as soon as possible.
Can I Get in Trouble for Being Drunk in Public?
It is possible to face charges for an alcohol-related crime that involves being drunk in public or public intoxication. A person can get in trouble with the law if they are found to be so intoxicated in a public place that they are considered to be a threat or hazard to others around or near them.
The state of Utah categorizes the crime of being drunk in public as a class C misdemeanor. This means that a person who is convicted of this crime may face anywhere from zero to ninety days in jail, a fine of up to $750 maximum, and a thirty-five percent surcharge in Utah.
What is Minor in Possession Charge in Utah Refer To?
A minor in possession charge, which is sometimes abbreviated as a MIP charge, makes it illegal for any person who is under the age of 21 years old to partake in any of the following activities within the state of Utah:
- Consume or drink alcohol;
- Attempt to purchase alcohol;
- Possess Alcohol;
- Solicit someone of age to purchase alcohol on their behalf;
- Solicit someone with a fake or fraudulent state ID to purchase alcohol on their behalf; or
- Successfully purchase alcohol and/or purchase alcohol with a fake or fraudulent state-issued ID.
A minor who is charged with an MIP in Utah can face fines and possible jail time if they are convicted of such charges. Depending on the age of the minor in question, they may also have their driving privileges or their driver’s license taken away by the state. If the minor is under the driving age limit, the state may also request that their ability to get a driver’s permit or license be temporarily suspended.
Can I Be Convicted of Giving Alcohol to a Minor in Utah?
In general, it is illegal to serve alcohol to any minor who is below the age of 21 years old in the United States under federal law. Accordingly, the state of Utah also considers it to be a crime to give alcohol to a person who is under 21 years of age. Specifically, Utah state law classifies this type of alcohol-related crime as a class B misdemeanor offense.
In addition to giving alcohol to a minor in Utah, it is also illegal to provide, purchase for, offer, serve, and/or sell alcohol or alcoholic beverages to a minor. The standard penalties that may be issued to an individual who is charged and convicted of giving alcohol to a minor in Utah include up to six months of jail time to be served in a county jail facility and/or having to pay a criminal fine of up to $1,000.
What Is an Open Container Charge?
Another alcohol related crime that has been adopted by the state of Utah is known as an open container violation. A person may face criminal charges and a corresponding punishment if they are found guilty of violating an open container law in Utah.
Briefly, an open container law refers to a type of law that prohibits open containers of alcohol in specific locations, such as in public places like a park and/or while driving, riding, or sitting in a motor vehicle. Although the name for these kinds of regulations will typically vary by state, most states have enacted some sort of law that deems having an open container of alcohol in certain areas to be a criminal offense.
In particular, the state of Utah may charge a person with violating an open container law if they carry, transport, store, or possess an open container of alcohol in the glove compartment of a motor vehicle. A person who is charged and convicted of violating an open container law in the state of Utah may receive a criminal fine of up to $750 and could potentially be required to serve at least 90 days in a Utah county jail facility.
However, there are some exceptions to open container laws in Utah state. For example, if an open container of alcohol is being carried, transported, or stored in the trunk of a motor vehicle, then the open container laws in Utah will not apply in this instance. Some other exceptions to Utah’s open container laws include if a person is a passenger on a chartered bus, in a state authorized limo service, or on a motorboat.
On the other hand, persons operating a boat, limo, bus, or motor home camper are prohibited from possessing or carrying an open container of alcohol in Utah. Thus, such persons can be charged and convicted of violating state open container laws under these circumstances.
Do I Need an Attorney to Fight an Alcohol-Related Charge?
State laws regarding alcohol related charges can often be difficult to interpret without the help of an attorney. A person who is charged and convicted of an alcohol related crime may also face serious legal consequences. Therefore, if you are facing charges and a possible conviction for an alcohol related crime, then it may be in your best interest to speak to a local Utah drug attorney as soon as possible.
An experienced criminal defense attorney who practices law in your area will be able to discuss the legal requirements and potential penalties you may receive if you are convicted of such charges under the alcohol crime laws in your Utah state county.
Your attorney will also be able to inform you of your legal rights as a criminal defendant under the relevant laws and can determine whether there are any defenses available that you can raise against your alcohol-related charges. In addition, your attorney will be able to assist you in collecting evidence and can perform legal research on similar cases in Utah that will help support your defensive case.
Finally, your attorney will also be able to provide legal representation if you need to appear in court or at any other legal proceedings associated with your alcohol crime matter. Alternatively, if you wish to enter into a plea deal with the prosecution, your attorney can also provide representation and negotiate on your behalf at conference for a plea deal agreement as well.
