Utah DUI Attorney for Drugged Driving

Salt Lake City DUI Drugs Lawyer

When people think of DUI’s (which in some states is called a "DWI") they usually picture a driver swerving all over the road after having too much to drink at their favorite bar. But in Utah, you can be charged with a DUI crime without even feeling you’re impaired, and even without exceeding a .08 alcohol level on a breathalyzer or blood test. It is called DUID, or driving under the influence of drugs, and you can be charged when you have any measurable amount of a controlled substance in your body – therefore, if you are a prescription drug user, beware! This includes both the actual substance and any "metabolite" of a drug that could affect your ability to drive, even over-the-counter ones. If you have a problem with this offense, call us now to preserve your rights.

Metabolites are basically byproducts, or end products, of drugs that can stay in your system for days and even weeks after use, and are what many drug/urine/blood tests are designed to detect. Utah’s ‘drug driving’ laws are zero tolerance, and you will be charged if you are caught with any measurable amount of an illegal drug in your system.

Here’s an example of how Utah’s metabolite laws can affect a citizen:

Dustin goes to a party one night and decides to smoke some Marijuana with his friends. He has a good time and stays the weekend at his buddy’s place. A couple of days later, and long after the affects of the drug have worn off, Dustin hops in his car. On the drive home, he gets pulled over and an officer wrongly suspects Dustin is impaired. If Dustin’s blood is tested, Cannabis metabolites will be found in his system, and he will be charged with DUID even though the affects of the drug have long worn off.

The metabolite problem is very common when it comes to prescription drugs, which also stay in your system for long periods of time. According to Utah Code Ann 41-6a-517, you can be charged with DUI anytime you have a measurable amount of a prescription drug which was not prescribed to you in your system. If you have a problem with this offense, call us now to preserve your rights: 801-364-6454

Suppose you have a headache and your friend gives you an extra painkiller that she has lying around. Because the drug was not prescribe to you by a licensed practitioner, if caught driving you can be charged with a DUID until both the drug and the metabolites fully leave your system.

DUID in Utah is a class B misdemeanor, punishable by up to 6 months in jail and a $1000 penalty on the first offense (with fines and surcharges that goes up to around $1,850, even on a first offense, and you can lose your license for up to 18 months, and longer if you are a minor). There is also a 48 hour minimum jail stay (or community service work), or home confinement. For a second offense within 10 years, it is a class A misdemeanor, punishable up to 6 months in jail, 10 days in jail, and the imposition of ignition interlock in the drivers vehicle. Three of these in ten years can land you in prison for up to five years because it’s a felony.

If you have a problem with this offense, call us now to preserve your rights.

The Utah statute reads:

F. Driving With a Drug Metabolite in the Body – Utah Code Ann. § 53-3-517 (Supp. 2010):

41-6a-517. Definitions – Driving with any measurable controlled substance in the body – Penalties – Arrest without warrant.

• (1) As used in this section:
• (a) "Controlled substance" means any substance scheduled under Section 58-37-4.
• (b) "Practitioner" has the same meaning as provided in Section 58-37-2.
• (c) "Prescribe" has the same meaning as provided in Section 58-37-2.
• (d) "Prescription" has the same meaning as provided in Section 58-37-2.
• (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person’s body.
• (3) It is an affirmative defense to prosecution under this section that the controlled substance was:
• (a) involuntarily ingested by the accused;
• (b) prescribed by a practitioner for use by the accused; or
• (c) otherwise legally ingested.
• (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
• (b) A person who violates this section is subject to conviction and sentencing under both this section and any applicable offense under Section 58-37-8.
• (5) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in the officer’s presence, and if the officer has probable cause to believe that the violation was committed by the person.
• (6) The Driver License Division shall:
• (a) if the person is 21 years of age or older on the date of arrest:
• (i) suspend, for a period of 120 days, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
• (ii) revoke, for a period of two years, the driver license of a person if:
• (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (B) the current violation under Subsection (2) is committed:
• (I) within a period of 10 years after the date of the prior violation; and
• (II) on or after July 1, 2009;
• (b) if the person is under 21 years of age on the date of arrest:
• (i) suspend, until the person is 21 years of age or for a period of 120 days, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
• (ii) revoke, until the person is 21 years of age or for a period of two years, the driver license of a person if:
• (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (B) the current violation under Subsection (2) is committed:
• (I) within a period of 10 years after the date of the prior violation; and
• (II) on or after July 1, 2009;
• (c) subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon which the record of conviction is based; and
• (d) deny, suspend, or revoke a person’s license for the denial and suspension periods in effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was committed prior to July 1, 2009.
• (7) (a) The court shall notify the Driver License Division if a person fails to:
• (i) complete all court ordered screening and assessment, educational series, and substance abuse treatment; or
• (ii) pay all fines and fees, including fees for restitution and treatment costs.
• (b) Upon receiving the notification, the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
• (8) The court shall order supervised probation in accordance with Section 41-6a-507 for a person convicted under Subsection (2).

The concern about a metabolite is that the impairing affects that a drug may cause a driver is already passed. This charge is not filed against an impaired driver. This is a charge against someone when the drug has already been metabolized by the body, the drug is rendered harmless. The drug, if Marijuana is THC. When a toxicology report returns a result of "neg" for THC but show "pos" for HOO-THC, that means the officer’s claim that he observed impaired behavior of the driver, he couldn’t be more incorrect.