Public Intoxication and interfering with an arrest this was my first offense and i am pleading guilty. (Utah)

My friend got a DUI when I was in the car she was getting taken to jail and her car was getting towed. I needed to find a ride so i called another friend come get me, i started walking to head to a store or gas station and one of the cops that was giving my friend the dui pulled up, to make a long story short he pretty much said that if i didnt have to tow truck driver take me to a gas station he was going to arrest me for being drunk in public, i was in no was comfortable getting in the truck with the tow truck driver at 2am so i got arrested, what will happen when i plea guilty?

Asked on May 30, 2009 under Criminal Law, Utah


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, I'm not sure that you should plead guilty.  I think you should talk to a lawyer about this first, based on what you've told me, to get sound advice based on all of the facts of your case.

I'm not a Utah attorney, but my research suggests that just last fall, the state's Supreme Court ruled that it isn't against the law to be drunk in public, it's only against the law if your public drunkenness makes you a threat to yourself or others.  So questions of how far you would have had to walk to get to a store, whether you would have been able to walk without being too close to the traffic, whether you were able to walk well enough not to risk getting hit -- these are questions that suggest themselves.

How this decision is working in the trial courts, how well it fits the facts of your case -- I don't know, this is why you need to have a local lawyer!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.