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.