Will my driver license be suspended for a minor alcohol
charge in Utah?
A conviction for possession/consumption/purchase of alcohol by a minor
under Utah Code Ann. 32B-4-409 can result in having your driver license
suspended for a year, or even longer. Possession of alcohol
by a
minor is also considered a class B misdemeanor, punishable by up to 180
days in jail and nearly $2,000 in fines plus surcharge.
If
you are convicted of being a
minor in possession of alcohol ("MIP"),
the chances of serving jail time are relatively small when compared
with other more serious crimes. However, Utah law can require
that the Driver License Division suspend your license for a year for a
first conviction. If you are convicted for a second offense,
your
license can be suspended for two years. But there are ways to
avoid having your license suspended.
The most sure way to
avoid having your driver license suspended in a minor in possession
case is to avoid being convicted in the first place. If your
attorney is able to negotiate a plea in abeyance agreement with the
prosecutor, this can a conviction for possession of alcohol.
Since it is a criminal charge, you are also entitled to have
a
jury trial on the charges and require the prosecutor to prove guilty
beyond a reasonable doubt before you can be convicted.
If
you are convicted of possession of alcohol by a minor, you may still be
able to avoid losing your driver license for a year. Under
Utah
Code Ann. 32B-4-409, the court can reduce the period of your driver
license suspension on a first offense if you complete an alcohol
educational series.
If you are facing charges for possession
or consumption of alcohol by a minor, or other criminal charges,
contact us now to schedule an initial consultation. Stephen
Howard is an experienced
criminal
defense attorney in Salt Lake City, helping clients
throughout Utah. His
track
record speaks for itself.
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