Utah Underage Drinking Attorney

In Utah, it is against the law to consume or be in possession of alcohol if you are younger than 21 years old. Utah has incredibly strict laws and penalties for underage drinking, however, there are instances where it is not against the law and there are ways that Weber Law can help you get the answers you are looking for and get the best outcome for your child. 

WHAT IS THE STATUTE?

Under Utah Code § 32B-4-409, it is unlawful for a minor to, purchase an alcoholic product, attempt to purchase an alcoholic product, possess an alcoholic product, consume an alcoholic product, or have measurable blood, breath, or urine alcohol concentration in the minor’s body.

It can be scary when your child is facing criminal charges, it is important to have good legal representation that can explain the situation to you.

ARE THERE EXCEPTIONS? 

The exceptions to this statute include but are not limited to:

1.) If the consumption is for medicinal purposes if:

a. The minor is at least 18 years old;

b. The alcoholic product is furnished by:

i. The parent or guardian of the minor; or

ii. The minor’s health care practitioner, if the health care practitioner is authorized by law to write a prescription

2.) If the consumption is part of a religious organization’s religious services (like communion)

WHAT IS THE PENALTY?

If it is your child’s first, second, or even subsequent violation, the court may order a complete assessment or screen for your child. They can also order your child to complete an educational series. The goal is rehabilitation and education, not punishment. A screening will determine if your child needs an assessment or education series. An assessment means an in-depth clinical interview with a licensed mental therapist, the educational series means an educational series obtained at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health.

However, if your child is over 18 years of age but younger than 21 years old, the court has the authority to suspend their driving privileges. By completing an assessment or educational series, your child might be able to have their suspension reduced. 

WHAT SHOULD I DO IF MY CHILD HAS BEEN CITED FOR UNDERAGE DRINKING?

It can be a scary thought to know your child has been in trouble with the law. Let Weber Law help you today. Being a parent or guardian is stressful and the need to keep underage people safe is strong. There are certain defenses that Weber Law can use to fight for your child. These defenses include, the underage person did not know they were consuming alcohol, they were coerced in to drinking alcohol, or even they thought they had your permission. Weber Law is experienced in handling these cases and want to work for you and your child! Do not face the court system alone, especially when your child could face unknown penalties. Let Weber Law help get your child back on track. If you or someone you know has been cited for underage drinking in the state of Utah, contact Weber Law today for a consultation.

• Utah Code § 32-4-409, Unlawful purchase, possession, consumption by minor – measurable amounts in body
• Utah Code § 41-6a-501, definitions