Often people tell me that they were just taking prescription drugs from their doctor and “as prescribed.” Therefore, they can’t get a DUI in Utah. Wrong.
DUI on Lawfully Prescribed Medications. If your prescription drugs legally impair your ability to operate a motor vehicle, it is a Utah DUI.
DUI when Taking “As Prescribed.” If you are using your lawfully prescribed drugs from your doctor “as prescribed,” you can still get a DUI in Utah.
Abusing Prescriptions. If you are abusing your lawfully prescribed medications, you can get a DUI in Utah.
Ultimately it is the jury who decides if you are DUI or lawfully using your prescription medication. The people will speak. The jury is the ultimate community justice.
The police officer decides if they have probable cause to arrest you on the roadside for a Utah DUI. Probable cause to arrest is a far fetch from beyond a reasonable doubt to convict you. PC is nearly the lowest evidence standard in Utah criminal law, while beyond a reasonable doubt is the highest proof under law.
If you are arrested for a Utah DUI while taking your lawfully prescribed medications, as prescribed by your physician, you have a DUI defense. You will need an experienced Utah DUI trial lawyer to help you.