Utah DUI Types: Metabolite vs. Impairment DUIs
What to Know About Metabolite vs. Impairment DUIs in the state of Utah
Most people are familiar with the idea of a traditional DUI, but fewer people know about Metabolite DUIs. Because of the nature of these DUIs, it’s pretty common area of confusion, and we get questions about them all the time.
To help clarify the differences, here is a quick breakdown around some of the differences between traditional vs metabolite DUIs in Utah—and some possible defenses of each. Call us today with any additional questions.
DUIs in Utah
Driving Under the Influence is defined in Utah under Code Part 41-6a- 502 as “Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.”
TRADITIONAL DUIs
In Utah, the traditional DUIs most people are familiar with happen when you have a level of alcohol in your system over the legal limit when driving. Even if that limit is not impairing you—if you have a high tolerance, for example—if your system measures at or above the legal limit, a DUI can be charged.
In Utah, the legal limit is .05, and depending on your weight, how much you’ve had to eat and other factors, one beer can you easily put you at this number. So, if you decide to drive home, and you get pulled over and test at .05 or greater, then it qualifies as driving under the influence—even if it’s not actually impairing you.
Other DUI cases occur when you’re impaired by the alcohol, and/or, you’re over the legal limit. This means you don’t actually have to be over the legal limit to get a DUI. If alcohol or any drug—even a drug for which you have a valid prescription—is impairing you when driving, it can qualify as a DUI.
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LESS TRADITIONAL: METABOLITE DUIs
Metabolite DUIs occur when you drive with a measurable amount of a controlled or illegal substance within the body. There are certain things you are prohibited from having in your system while driving, whether or not they’re impairing you; these includes substances like, methamphetamine, cocaine, heroin, LSD, and other drugs for which prescriptions are not available.
If you have a controlled substance in your body while driving, for which you DO have a valid prescription, then it would not be a DUI if the substance was not impairing you.
Say you live in California, Colorado, Nevada—most states near Utah, where you can take marijuana recreationally—and you come to Utah. Maybe you smoke marijuana frequently at home, because it’s legal where you live. Driving through Utah, you get pulled over: it’s likely going to show up in your system.
Matt has had a number of cases like this that were dismissed because we were able to prove it was taken legally out of state and wasn’t impairing the defendant.
Another thing that relates to this in Utah is if you get pulled over and you’re found to have a marijuana pipe, or marijuana bud or flower, you can still be charged with possession.
A medical marijuana card issued in your home state of Utah can save you if you have gummies, pills or a vape. But if you have a pipe that’s made to smoke in the air, then you won’t have the defense against possession, because Utah does not allow that type of ingestion.