"Just because you did it doesn’t mean you’re guilty"
The legislature has defined when you are guilty of intoxication:
76-9-701. Intoxication — Release of arrested person or placement in detoxification center.
(1) 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. (2) (a) A peace officer or a magistrate may release from custody a person arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for the protection of the person or another. (b) A peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody. (3) If a minor is found by a court to have violated this section and the violation is the minor’s second or subsequent violation of this section, the court: (a) shall order the minor to participate in an educational series as defined in Section 41-6a-501; and (b) may order the minor to participate in a screening as defined in Section 41-6a-501. (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219. (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the suspension period required under Section 53-3-219 if: (i) the violation is the minor’s first violation of this section; and (ii) the minor completes an educational series as defined in Section 41-6a-501. (5) When a person who is at least 13 years old, but younger than 18 years old, is found by a court to have violated this section, the provisions regarding suspension of the driver’s license under Section 78A-6-606 apply to the violation. (6) When the court issues an order suspending a person’s driving privileges for a violation of this section, the person’s driver license shall be suspended under Section 53-3-219. (7) An offense under this section is a class C misdemeanor.
Utah Public Intoxication Attorney.
Make sure that you have an attorney on your side that will fight for your rights.
(See our blog on public intoxication for more information.)