Can I be charged with DUI in Utah if I blow under the legal limit?
The legal limit for blood or breath alcohol content while driving in Utah is .05. But you may still be charged for DUI even if you blow under the legal limit, and even if you have no alcohol in your system.
If you are facing criminal charges for DUI in Utah, it is vital to have the assistance of an experienced criminal defense attorney. Some of the consequences of a DUI charge in Utah can be imposed against you even before your first court date.
The best defense attorneys ask questions that police don’t.
Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.
Traditional DUI Charges in Utah
Under Utah criminal law, a DUI can be charged if you are over the legal limit, or if you have alcohol, drugs, or a combination of alcohol and drugs in your system at a level that makes you incapable of safely operating a vehicle. While most often you will not be charged with DUI in Utah if you are under the legal limit of .05 (sometimes called a “per se” limit), if police or prosecutors believe that a lower level of alcohol was preventing you from driving safely, you can still be charged.
Of course, just being charged with DUI is different from being guilty or convicted of DUI. If your blood or breath alcohol level was below the legal limit, the prosecutor will have to present evidence that you impaired by either alcohol, drugs, or a combination of alcohol and drugs – to a point that you were not able to safely operate your vehicle.
The best attorneys understand your case involves more than just what happens in court.
It is not sufficient for a prosecutor to simply show that you committed traffic violations or were driving recklessly. To obtain a DUI conviction on a person who was under the legal limit, the prosecutor will have to show a connection between the unsafe driving and any alcohol that had been consumed.
Utah Controlled Substance or Metabolite DUI
Utah law also provides another avenue for prosecutors to seeks a “DUI” conviction when a person is below the legal limit for alcohol. Using what is commonly referred to as a “metabolite DUI” charge, prosecutors may be able to obtain a conviction when a person is below the legal limit for alcohol and shows no signs of impairment.
Utah’s DUI metabolite law does not require any proof of driving impairment. The charge is based on the presence of either a controlled substance or a controlled substance metabolite as detected by a test of the driver’s blood or urine. But unlike a traditional DUI charge (requiring proof of impairment), a conviction for metabolite cannot be based solely on the presence of a controlled substance metabolite or controlled substance for which the driver has a valid prescription.
A good defense strategy should be designed to help you achieve your goals.
