Driving With Controlled
Substance Metabolite - Utah DUI Lawyer
Utah
law provides several different ways for a prosecutor to charge a
DUI or
related crimes. Even if you have not had any alcohol to
drink,
Utah prosecutors can file what is sometimes called a
DUI-metabolite charge if a blood or urine test shows the
presence
of any measurable controlled substance metabolite.
Consequences of a conviction in Utah for driving with a
measurable controlled substance metabolite can include jail time,
fines, losing your driver's license, and more. Contact us today to schedule an initial consultation with Utah
criminal attorney Stephen Howard.
Elements of a Utah DUI Metabolite Charge
Under
Utah Code Ann. 41-6a-517, a person can be criminally charged if he or
she
operates or is in "
actual physical control" of a vehicle and has any
controlled substance or controlled substance metabolite in his or her
body. Unlike a normal DUI charge, this Utah criminal offense
does not
require proof that the person was impaired or otherwise not able to
safely operate the vehicle.
Affirmative Defenses to a Utah DUI Metabolite Charge
Utah law provides an affirmative defense to the charge of driving with
a measurable controlled substance metabolite if you "involuntarily
ingested" the drugs. You also have an affirmative defense to
the charge if you have a legitimate prescription for the drugs that are
in your system. (Note, however, that you may still be
convicted of
DUI
in Utah if your prescription medication impairs your ability to safely
drive.)
Utah's
DUI/Metabolite statute also provides a third affirmative defense, where
a defendant can show that the controlled substance was "otherwise
legally ingested." This affirmative defense can be critical for drivers
who have smoked, consumed, or otherwise ingested marijuana in another
state, but then find themselves facing criminal charges in Utah. A
driver who has legally used marijuana in another state (e.g. with a
medical marijuana card in California, or recreationally in
Colorado)
may still find themselves facing DUI/Metabolite charges in Utah. But if
a jury accepts the defense that the marijuana was not used in Utah, but
was instead legally smoked or ingested in another state, the jury
may still return a not-guilty verdict.
Fourth Amendment Defenses in a Utah DUI Metabolite Case
In addition to these factual defenses, you may also have a
constitutional defense to a charge of driving with a measurable
controlled substance metabolite. Although the charge does not
require proof of impaired or reckless driving, an officer may still be
required to demonstrate that there was a "reasonable articulable
suspicion" or "probable cause" to support the traffic stop and/or the
request to provide a blood or urine sample for drug testing.
If the officer did not have a constitutionally sufficient
reason for the stop or the test, any evidence obtained in violation of
Fourth Amendment
may be suppressed.
Finding a Utah Criminal Attorney in Salt Lake City
If you are facing prosecution for DUI metabolite or other criminal charges, it is vital to have an experienced
Utah criminal defense attorney
on your side.
Contact
us now to schedule an initial consultation with
Salt
Lake criminal lawyer Stephen Howard.