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.
Attorneys for Public Intoxication in Salt Lake City, Utah
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.
Physical Manifestations of Alcohol Consumption in Utah
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.
Penalties for Public Intoxication in Utah
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:
order the minor to complete a screening
order the minor to complete an assessment if the screening indicates an assessment to be appropriate
order the minor to complete an educational series or substance abuse treatment as indicated by an assessment
For a second or subsequent offense of public intoxication, the court SHALL (must) subject the defendant to the following minimum mandatory statutory penalties:
order the minor to complete a screening
order the minor to complete an assessment if the screening indicates an assessment to be appropriate
order the minor to complete an educational series or substance abuse treatment as indicated by an assessment.
License Suspension for Minors
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.
If the person has not been issued an operator license, the division must deny the person's application for a license or learner's permit for a period of one year.
If the person is under the age of eligibility for a driver license, the division must deny the person's application for a license or learner's permit beginning on the date of conviction and continuing for one year beginning on the date of eligibility for a driver license.
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).
Additional penalties exist for second and subsequent offenses.
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.
Finding an Attorney for Public Intoxication Crimes in Utah
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.
Frequently Asked Questions About Public Intoxication in Utah
1Is simply being drunk or smelling like alcohol enough to be convicted of public intoxication in Utah?
No. Under Utah law, physical manifestations of alcohol consumption — such as bloodshot eyes, slurred speech, or the smell of alcohol on your breath — are not enough on their own to establish a crime. To secure a conviction under Utah Code § 76-9-110, the prosecution must prove you were under the influence to the point that you are a danger to yourself or others and:
You are in a public place; or
You are in a private place where you unreasonably disturb another person
Utah case law establishes that speculative or minor possibilities of harm are not legally sufficient to convict you.
2Can I be charged with an intoxication offense if I am inside a private home or property?
Yes. Despite the common name "public intoxication," Utah Code § 76-9-110 explicitly covers behavior in both public and private spaces. You can be legally charged with an intoxication offense inside a private residence, backyard, or private property if your impairment causes you to "unreasonably disturb" other people in that location.
3What are the criminal penalties for an adult convicted of public intoxication?
For an adult, public intoxication is classified as a class C misdemeanor under Utah Code § 76-9-110. While it is the lowest tier of misdemeanor offenses in the state, a conviction can still result in:
Up to 90 days in jail
Fine of up to $750 (plus a mandatory 90% state surcharge)
4Will a minor or young adult lose their driver's license for a public intoxication charge?
Yes. Under Utah Code § 53-3-219, if an individual under 21 years old is convicted of public intoxication, the court is mandated to order suspension of their driving privileges for one year (or until age 21, whichever is longer). This applies even if a motor vehicle was completely unrelated to the incident.
For minors under 16 who do not yet have a driver's license, their ability to apply for a learner's permit or regular license is delayed for one year starting on their date of eligibility. Subsequent convictions can lengthen the suspension period.
5Can a driver's license suspension for underage public intoxication be reduced or shortened?
Yes, under specific conditions. Pursuant to Utah Code § 80-6-707 (Juvenile Court Act), a judge has discretion to shorten the one-year license suspension for a first-time offense. To qualify for reduction, the defendant must:
Complete an approved alcohol educational series (e.g., Prime for Life), OR
Demonstrate substantial progress in substance use disorder treatment
Additionally:
If 18 or older: must sign a sworn statement of one year of sobriety during suspension
If under 18: parent/guardian must sign the sworn statement
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Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
