Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.