Utah Criminal Defense

Metabolite Driving Defense Attorney

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What Is a Metabolite DUI in Utah?

Utah’s DUI laws extend beyond alcohol to include Metabolite DUI, also known as drugged driving. A Metabolite DUI occurs when an individual drives with illegal drugs or certain prescription drugs in their system, regardless of impairment.

Common terms include:

  • Marijuana DUI
  • Drugged DUI
  • Controlled Substance DUI
  • Prescription DUI

The law applies even if you are not visibly high or impaired while driving.


What Qualifies as a Metabolite DUI?

Illegal Drugs

Any illegal street drug detected in your system at the time of driving qualifies for a Metabolite DUI.

Prescription Drugs and Medical Marijuana

You may also face charges for driving under the influence of prescription drugs or medical marijuana if:

  • You do not have a valid medical cannabis card or prescription.
  • You are impaired while driving.

Examples of Metabolite DUI Cases

  1. Illegal Oxycodone Driving:
    A driver admits to using oxycodone after failing field sobriety tests. Toxicology confirms the presence of the drug, resulting in a Metabolite DUI charge.
  2. Illegal Marijuana Driving:
    A driver without a medical cannabis card is pulled over, and the officer detects the smell of marijuana. A positive toxicology test leads to a Metabolite DUI.
  3. Illegal Meth Driving:
    A driver, sober at the time, admits to using methamphetamine the previous day. Visible signs such as needle marks contribute to a Metabolite DUI charge.
  4. Legal Marijuana Driving:
    A driver with a valid Utah cannabis card is pulled over. Since they pass all impairment tests, no charges are filed unless impairment is later proven.

Penalties for Metabolite DUI

First Offense

  • Class B Misdemeanor
  • Fine: $680
  • Probation: 12 months
  • Driver’s License Suspension:
    • 21 or older: 120 days
    • 19–20 years old: Longer of 1 year or until 21st birthday
    • Under 19: Until 21st birthday

Second Offense

  • Driver’s License Suspension:
    • Under 21: 2 years or until 21st birthday
    • 19–20 years old: Longer of 2 years or until 21st birthday

Chemical Test Refusal Penalties

Refusing a chemical test (breath test or blood draw) carries penalties similar to a DUI.

First Refusal

  • 21 or older: 18-month suspension
  • Under 21: Longer of 2 years or until 21st birthday

Second Refusal

  • 21 or older: 36-month suspension
  • Under 21: Longer of 36 months or until 21st birthday

How to Reinstatement Your License Early

Drivers under 21 may request early reinstatement if they provide sworn statements from parents and a medical provider confirming they have not consumed controlled substances during the suspension period.


Protect Yourself Against a Metabolite DUI Charge

Utah’s Metabolite DUI law is complex, and charges can arise even when you are not impaired. A skilled attorney can:

  • Challenge the evidence against you.
  • Demonstrate legal or medical uses for substances in your system.
  • Reduce penalties or dismiss charges when possible.

Contact a Metabolite DUI Defense Attorney Today

If you are facing a Metabolite DUI charge, don’t navigate the legal process alone. Protect your rights and your future by consulting with a qualified defense attorney.

Learn More About Criminal Defense Lawyer Jake Gunter Utah Injury Attorney | 20 Years' Experience

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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