Utah DUI Metabolite
Under Utah's strict Zero Tolerance law, it is illegal for drivers to operate a vehicle with any amount of illegal drugs in their bloodstream--even if they are not impaired! If you test positive for even a trace of an illegal drug metabolite in your system--such as marijuana--and the police can prove that you were behind the wheel of a car, you can be charged with a DUI Metabolite offense. This is a serious criminal offense that carries the possibility of jail time, so working with a Utah DUI lawyer is recommended.
Penalties for a DUI Metabolite Conviction
If you are found guilty of a DUI Metabolite offense (a class B misdemeanor), you could be sentenced to up to six months in jail and $1,000 in fines. For a first offense, your license may be suspended for 120 days; however, for a second offense within 10 years, your license suspension could be increased to two years. Remember that restricted permits are typically not granted, so you will truly be unable to drive throughout the suspension period. In addition, you may be required to complete a substance abuse education course.
Fighting a DUI Metabolite Charge
When making any type of a DUI arrest, the police are required to follow the proper procedures. This means that there must be probable cause to pull you over for committing an offense--if there isn't, your case could be thrown out.
The process for obtaining a blood sample is also very technical. Your blood must be drawn by the appropriate person, whether it is a doctor, nurse, or phlebotomist, and the proper guidelines must be followed. If the vial is not stored or transported properly, it could affect your results. In addition, the chain of custody must be well documented. If an attorney finds that any steps were skipped or a link in the chain of custody is missing, this could be enough to challenge your metabolite reading.
If you are currently facing a DUI metabolite charge, a local defense lawyer can help. We can investigate your case--from the traffic stop to the blood test--to uncover evidence to benefit your defense.