Is a marijuana DUI worse than a regular alcohol DUI in Utah?
A person with marijuana (THC) in his system while driving a car in Utah
can potentially be charged with
DUI
if the person is found to be "under the influence . . . any drug, or
the combined influence of alcohol and any drug to a degree that renders
the person incapable of safely operating a vehicle." (Utah
Code Ann. 41-6a-502. This is the same section of the Utah
Criminal Code that deals with a regular alcohol DUI.
Under Utah criminal law, a person operating a vehicle with any
measurable amount of a controlled substance (including marijuana) or a
controlled substance metabolite in his system can also be charged under
Utah Code Ann. 41-6a-517 with the crime of driving with a measurable
controlled substance in the body. Under this section, the
prosecutor does not have to show any impairment to the driver's ability
to safely operate the vehicle.
Both a first-time DUI and driving with a measurable controlled
substance are typically filed as class B
misdemeanors,
with the same
maximum potential sentence (180 days jail; $1,000 fine plus a 90%
surcharge). However, a DUI charge based on
marijuana
raises the additional concern of illegal drug use.
Often, a person charged with DUI for marijuana use will also face
charges of
possession
of a controlled substance or possession of drug
paraphernalia. Even if those additional charges are not
filed, the mere fact that a person has been using marijuana
may be
viewed by the judge or prosecutor as an indicator that the person is in
need of additional substance abuse treatment or harsher sanctions from
the court.
A marijuana or other drug-related DUI charge also raises possible
search and seizure issues under the
Fourth
Amendment.
While it is relatively easy for an officer to claim he
smelled
the odor of alcohol coming from the driver during a traffic stop, the
presence of a drug metabolite in a person's body is not so readily
apparent. Before an officer is allowed to take a blood or
urine
sample to test for the presence of drugs or drug metabolite, the
officer must meet certain constitutional requirements relating to
probable cause and reasonable articulable suspicion.
If you are facing DUI charges for alcohol, marijuana, or other drugs,
you need an experienced drug and DUI defense attorney on your side.
As a
Utah criminal
defense lawyer based in
Salt
Lake City,
Stephen Howard
has handled literally thousands of serious criminal cases in Utah -
more than most Utah attorneys will see in their entire careers.
Contact us now to
schedule an initial consultation.