Category: Drug Offenses

Utah Laws May Change Regarding DUI


Utah is no exception to DUI Blood Alcohol Concentration laws. In Utah they current BAC is .08. Lawmakers are looking at a change to .05. In a Fox 13 News Story:

SALT LAKE CITY — A state lawmaker is proposing a bill that lowers Utah’s blood alcohol concentration level for a DUI from .08 to .05.

Rep. Norm Thurston, R-Provo, plans to introduce the bill in the upcoming legislative session.

“This helps send that message to people, don’t drink and drive. There is no safe level of drinking and driving,” Rep. Thurston told FOX 13 on Friday.

Rep. Thurston’s bill would make Utah the first in the nation to lower its BAC level. He said .05 DUI rates exist in countries across Europe, Africa and Asia. He also pointed out that countries like the Czech Republic and Hungary have a .00 limit for drivers.

“You don’t want people at .07 driving. You don’t want people at .05 driving. In reality,you don’t want people lower than that driving because they are starting to be impaired as low as .02 or .03,” he said.

The bill is expected to be controversial in the Utah State Legislature, despite lawmakers’ consistent support for liquor control legislation. Rep. Thurston said he was looking out for public safety and not targeting liquor.

Already, some groups have vowed to fight it. Connor Boyack, the president of the libertarian think tank Libertas Institute, posted on Twitter that his group would oppose it.


If an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s.

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

Source: Fox 13 News NOW

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

If you have been accused of DUI, Felony DUI, Metabolite DUI, First DUI, Driving While Impaired, Drivers License Violation, Driving on a Suspended Liscense, Third DUI, Multiple DUI, DUI Offense, felony charges, misdemeanor charges  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden, DUI Attorney Salt Lake, DUI Attorney Utah, DUI Attorney, DUI Attorney Utah County, DUI Attorney Ogden, DUI Lawyer Utah, Lawyer DUI Utah, Lawyer DUI Salt Lake, Lawyer DUI Ogden, Lawyer DUI American Fork. 

Shoplifting In Utah



Shoplifting, referred to as retail theft. This is a serious criminal violation under Utah law. There are criminal codes in the state of Utah for retail theft which include possible incarceration and fines as punishment. In addition, Utah law grants the victims of the crimes the right to sue the shoplifter as well in civil court for damages. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Shoplifting in Utah

Shoplifting is commonly referred to as retail theft. This is characterized with these types of things: taking property  without compensating, varying price tag or names, and transferring products into a different package, box AND with the intention of depriving the seller of the retail cost ( Utah Code Ann. 1953 SS 76-6 -602 ).

In the State of Utah, a seller has the right to request that customers keep the items they wish to purchase in full view. Further, they can detain suspected shoplifters for a reasonable period of time. Criminal and civil penalties for shoplifting are described below.

Charge Classification Penalty
Theft of property less than $500 Class B Misdemeanor Jail term of up to six months and/or fines up to $1,000
Theft of property valued at $500 or more and less than $1,500 Class A misdemeanor Jail term of up to one year and/or fines up to $2,500
Theft of property valued at $1,500 or more and less than $5,000 Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft with two prior related convictions in the previous 10 years Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft of property valued at $5,000 or more Second degree felony Jail up to 15 years and/or fines up to  $10,000
Theft of a firearm Second degree felony Jail up to 15 years and/or fines up to  $10,000


Civil Liability

When an adult is charged as a shoplifter, they can be litigated by shop or store owners for the actual damages. This may be a penalty in the amount of the retail price which may be up to $1,000 or a penalty between $100 and $500, payments are sometimes accepted as long as they are reasonable. Attorney’s fees may be awarded as well. Parents of minor shoplifters are jointly and wholly responsible for the minor as well as. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced for payment of actual damages. If a penalty in the amount of the retail price (up to $500 ), a penalty between $50 and $500, Ogden criminal defense can ask for payments, and their fees are reasonable.

Diversion Programs and Plea Bargaining

Prosecutors can offer certain individuals accused of first-time or low-level offenses an alternative to prosecution via diversion curricula. If an accused individual completes the diversion planned requirements, who were able to include repayment, community service, or advise, the criminal charges is likely to be lowered. Diversion programs are typically available at the discretion of the prosecutor and field.

If a diversion planned is not feasible, the accused may be able to negotiate a plea bargain with the prosecutor. Plea negotiations often concern acquiring lesser attacks or abbreviated convicting in return for a guilty plea. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with a diversion.

Getting Legal Help

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Ogden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.




DUI License Hearings

Now that an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s. The best guess will ensure that the witnesses are generally the police, evidence and any other people in the vehicle. There will be evidence such as breath testing, blood testing and field sobriety testing. The tests will be submitted as evidence in both the Driver’s License Division Hearing and a separate criminal action.

The tests that may have happened include:

Standard Field Sobriety

 One Leg Stand

Clues for Intoxication include:

Hopping in place Raising arm

Swaying, Placing foot down.

Walk and Turn

Clues for intoxication include:

Stepping out of position, Starting too soon,

missing heel to toe, stepping off line,

raising arms, incorrect step counting

improper turn, stop walking during test.

Horizontal Gaze Nystagmus

Clues for intoxication include:

Lack of smooth pursuit-left and /or right eye.

Distinct sustained nystagmus at max left and/or right eye

Angle of onset prior to 45 degrees left and/or right eye.

Blood Chemical or body fluid test:: This also identifies the presence of illegal drugs or prescription drugs.

Breathalyzer BAC: Measures the exhale alcohol content which tells officers how much is in the bloodstream.

Most often there will be several pieces of evidence entered against an individual. This can include testimony from the officer, video tape of the arrest, video of the blood or other sampling, actual results and any other records including the police reports.

Drivers License Privileges

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

According to the State of Utah:

If you were ARRESTED for DUI, what happens next (some or all may apply):

  • Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
  • Your vehicle was more than likely impounded
  • You should request a hearing within 10 days
  • You can seek legal counsel to represent you in your driver license hearing and also your court appearance.
  • Your privilege to drive may be withdrawn on the 30th day after the date of arrest.


  • Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Per-Se arrest – 120 days
    • Refuse to submit to a chemical test – 18 months
  • Driver 21 or olderand has a second or subsequent arrests, the following suspension periods will be:
    • Per-Se arrest – 2 years
    • Refuse to submit to a chemical test – 36 months
  • Driver under the age of 21the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.  These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
  • Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
  • Driver under age 21at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months.  This change will apply only to arrests that occur on or after July 1, 2011.
  • Driver age 19 or 20at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 6 month suspension effective 30 days from arrest date
    • Per-Se arrest – 6 month suspension effective 30 days from arrest date
  • Driver under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 1 year suspension effective 30 days from arrest date
    • Per-Se arrest – 2 year suspension effective 30 days from arrest date
    • Not-a-Drop or Per-Se arrest if committed prior to May 14, 2013 and the suspension or denial was based on the same occurrence upon which certain written verification’s received from the court are based – 6 month period

Effective April 1, 2014 the court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period.  Must have a court order for reduction of the suspension.

An individual who has had their license suspended or denied for a Not-A-Drop Arrest (driving with a detectable amount of alcohol in the body) is required to obtain an assessment and recommendation for appropriate action from a substance abuse program in order to reinstate their driver license.

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.




How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an American Fork Criminal Defense Attorney or an Ogden Criminal Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your American Fork Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let yourAmerican Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.


Drugs: Heroin

Heroin addiction can be damaging, physically, emotionally, and financially.  This is an introduction to heroin laws in Utah.

Heroin Laws in Utah

Heroin is listed as a Schedule I narcotic under federal drug regulations, meaning law enforcement authorities can prosecute heroin possession, sale, and trafficking. The particulars of state heroin laws can vary, however, in terms of the possible penalties. For example, a conviction for selling heroin in Utah may mean 15 years in prison and $10,000 in fines. Even just possessing heroin could result in a 5-year prison term, depending on the amount and whether a person has prior drug convictions. The table below lists Utah’s heroin statutes.

Code Section Utah Code 58-37, et. seq.: Utah Controlled Substances Act
Possession 3rd degree felony; Subsequent offense: one degree greater penalty than provided
Sale 2nd degree felony; Subsequent offense: 1st degree felony; Within 1000 ft. of school or sale to a minor: one degree higher than provided except 1st degree felony is 5 yrs. mandatory

Related Resources for Utah Heroin Laws

Drug charges, and drug addiction, should be taken seriously. If you think you or someone you know may have a drug or substance abuse problem, Utah’s Division of Substance Abuse and Mental Health has resources that can help. The state’s criminal court system runs Drug Courts in Utah.  For more information or a free consultation contact one of our attorneys today.