DUI Metabolite Lawyers in St. George
Although a DUI charge is most often referred to as drunk driving, the use of alcohol is not always necessary for a DUI conviction. A person may be charged for driving with any measurable amount of a controlled substance found in their body; this is referred to as a DUI metabolite. Because this offense only requires a measurable amount of a controlled substance, a person may be charged with a DUI metabolite long after the effects of an illegal drug have worn off. Depending on the controlled substance, traceable amounts of the drug may remain in a person’s system for hours or sometimes even days after the use of the drug.
To convict a person of DUI metabolite in Utah is quite easy compared to other states because the prosecution does not have to prove that your driving was impaired, only that you ingested the controlled substance before driving. Due to this low standard of proof, hiring an attorney to defend you is very important in a DUI metabolite case.
Possible Defenses To DUI Metabolite
Although defending a DUI metabolite charge can be very difficult, there are two defenses that can be raised that do offer some hope. The first defense is that you ingested the substance without knowledge; for example, it was slipped in a drink or something like that at a party. The second defense is that you have a prescription for the controlled substance. However, even if you have a prescription and the taking of drugs is legal, you may still be charged if you are so impaired that you are not capable of operating your vehicle safely.
Frequently Asked Questions About DUI Metabolite In St. George
St. George residents facing DUI metabolite charges often have important questions about Utah’s strict drug-impaired driving laws.
Can I get a DUI metabolite in Utah if I used marijuana or another drug days ago in another state?
Yes, you can be charged with DUI metabolite in Utah even if you consumed marijuana or another controlled substance days earlier in a state where it was legal. Utah law does not require proof that you were actually impaired while driving, only that a measurable amount of a controlled substance or its metabolite was present in your body at the time you were operating a vehicle. The fact that the substance was consumed legally in another jurisdiction provides no defense under Utah’s DUI metabolite statute. Similarly, the amount of time that has passed since consumption is irrelevant as long as tests can detect metabolites in your system.
What are the penalties for a first-time DUI metabolite conviction?
A first-time DUI metabolite offense is generally classified as a Class B misdemeanor in Utah. Penalties for this conviction can include up to six months in jail, fines reaching $1,920 and a mandatory driver license suspension. Courts typically impose probation that may include substance abuse treatment, community service and installation of an ignition interlock device. You will also receive a criminal record that can affect employment opportunities, professional licensing and housing applications. Subsequent offenses carry increasingly severe penalties, including felony charges.
Is it a defense if I have a valid prescription for the drug in my system?
Utah law allows an affirmative defense if you have a valid prescription for the controlled substance detected in your system. However, this defense only protects you if you were not impaired to the degree that you could not safely operate your vehicle. Even with a legitimate prescription, you can still be convicted if the prosecution proves your driving abilities were actually impaired by the medication. Successfully raising this defense requires presenting evidence of your valid prescription and demonstrating that you took the medication as directed by your physician.
St. George DUI Metabolite Lawyer
DUI metabolite is a very serious and very difficult charge to defend. Without the defenses mentioned above, successfully fighting a DUI charge is nearly impossible, and with the defenses, an attorney is needed to successfully argue them in court. Our attorneys at Salcido Law Firm are familiar with the DUI metabolite process and understand how to read the drug tests involved and how to successfully fight for your rights. Email us or call our offices at 435-922-3277 to set up a free consultation to see what we can do for you.