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 .08. 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.
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 .08, 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.
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.
Finding a Utah Criminal Attorney in Salt Lake City

If
you are facing DUI or other criminal charges in Utah, you should
speak with an experienced
Utah
criminal defense lawyer. Based
in
Salt
Lake City,
Stephen
Howard has handled literally thousands of serious criminal
cases - more than most Utah attorneys will handle in their entire
careers. His
track
record includes not guilty verdicts and dismissals for some
of the most serious charges on the books in Utah.
Contact us now to
schedule an initial consultation.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
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