Drugged Driving in Utah

Utah has some of the strictest drugged driving laws in the country, under which a driver with any detectible amount of a controlled substance in his or her body while driving can face DUI charges.

2012-03-22

March 22, 2012 (Press-News.org) Drugged Driving in Utah

Most people know that if they drink and drive they face the possibility of being charged with driving under the influence. However, authorities across the country have passed laws outlawing operating a vehicle while under the influence of drugs, as well. Utah is no exception, and the state has some of the strictest drugged driving laws in the country.

DUI Charges

There are two ways that a person can be charged with DUI in Utah:
-Operating a vehicle with a blood alcohol concentration of 0.08 percent or higher
-Operating a vehicle under the influence of alcohol, any drug or a combination of the two that impairs the driver's ability to safely operate a vehicle

Utah has per se drugged driving laws, meaning that it prohibits a person from driving with any measureable trace of a controlled illegal substance in his or her system. If the authorities are charging someone with DUI for drug use, they need not show that the person was impaired by the drugs, just that the drug was present in his or her system at the time of operating the vehicle.

No Affirmative Defense to DUI Charges

A person facing DUI charges for drugs cannot use the fact that he or she is legally entitled to use the drug as an affirmative defense to the charges. Thus, those who have doctors' prescriptions for controlled substances cannot drive while the medication is still present in their bodies, lest they run the risk of DUI charges.

Similarly, those who are legally entitled to use marijuana medicinally in other states still run the risk of DUI charges if they drive in Utah after having used marijuana.

Penalties for DUI Conviction

A first DUI conviction in Utah is a class B misdemeanor, and the penalties a driver faces for can be severe:
-48 consecutive hours in jail, 48 hours of house arrest or 48 hours of community service
-A $700 fine
-Mandatory participation in an alcohol education course
-A 120-day driver's license suspension

Consult a Lawyer

Utah authorities take DUI charges very seriously and will not hesitate to prosecute people to the fullest extent. If you are facing DUI charges, talk to an experienced criminal defense attorney who can look out for your best interests.

Article provided by Frazier Law Firm
Visit us at http://www.frazierutahlawyers.com/

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Drugged Driving in Utah

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