Take the Marijuana Sticker Out of Your Window…How not to get a DUI conviction in Utah
Utah has a reputation for some of the strictest drug and alcohol laws in the nation, though the actual history of controlled substance restrictions here is more spotty than you’d think. (For the curious, Salt Lake Magazine traces the colorful history of getting “Buzzed in the Beehive” State). From the days of 19th-century summer-long fur-trapper rendezvous up until the days of Prohibition, home brewing was once common practice, even among faithful church goers. (Yes, Mormons used to brew their own beer and wine). Ever since Prohibition, super-strict alcohol laws have been the norm here, but most people don’t know that Utah was one of the first states in the Union to down-grade first-time marijuana charges and drug possession of charges for amphetamine, opium, and LSD, from felony offense to misdemeanor.
Still, Utah’s laws can get confusing, so we asked criminal defense Attorney Matthew Jube for advice. Mr. Jube taught criminal justice classes part-time at UVU for years, so he’s used to explaining the law in language ordinary people can understand. When his students ask for advice about how to stay out of trouble, he says: “My top suggestion? Take the marijuana-leaf sticker out of your back car window.” He’s joking—mostly. “You’d be surprised. Police can profile for lots of different reasons.” Announcing your love of cannabis to the world isn’t the best way to stay off their radar. Even if—maybe especially if—you aren’t from Utah and find yourself just driving through, you might want to take a minute to peel that sticker off.
Utah’s drug laws have changed again recently, especially with two key bills. First, in 2018, Proposition 2 legalized medical cannabis. One of the implications of that law? Heavier crack-downs. Law enforcement weren’t fans of the change. That may mean stricter enforcement in some places.
The bill technically went into effect in December 2018, but got messier when Lawmakers quickly replaced it with a version that increased restrictions on who gets to use medical marijuana and how they get to do it. For example, if you have a condition like cancer, MS, Crohn’s, or PTSD, you may qualify for legal cannabis use, but you’ll need to get a recommendation from a qualified healthcare practitioner, and then apply to the Utah Department of Health for a medical use license, which needs to be renewed frequently. Even with a license, smoking pot is not allowed in Utah.
Attorney Matt Jube handles a lot of drug and DUI cases, so we asked him to shed some light on some common DUI problems. “People often get into trouble because Utah is almost surrounded on three sides by states where recreational marijuana is legal. So, you might legally buy and smoke pot in Colorado or Nevada. Then you cross over the border into Utah and get pulled over and end up with a Metabolite DUI because the drug shows up in your blood—even though you never bought or used it here. Metabolite DUI is one of the most common cases I see. It sort of blindsides people.”
Another huge change came in 2019, when Utah dropped its blood alcohol legal limit from .08 to .05, the only state that deviates from the standard .08. That’s the strictest law in the nation. “That means you’re not just DUI if you drive impaired. You’re guilty if you’re impaired or if your blood alcohol is .05. That’s lower than you might think. It’s a couple of beers,” Matt says. The law is controversial, but a federal traffic safety study found Utah’s crash fatality rate dropped dramatically after the law went into place. It’s not going away anytime soon. If you know you’re going to drink, take measures. Designate a driver. And if you get in trouble, call a good attorney.