Measurable Controlled Substance
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.
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.