Difficulty in Drug DUI Cases- Utah
Utah Drug DUI's
I had a case this week where I went to court dealing with a client who was charged with a DUI under UCA 41-6a-502. (Feel free to look up the code on www.utah.gov). When she was pulled over she was found to be in possession of both marijuana and a pipe. It was her first crime in her life. The prosecutor wants to throw the book at her. The thing that most people, prosecutors included, don't understand is how a DUI affects people.
The prosecutor offered to amend the DUI to a DUI Metabolite under UCA 41-6a-517, however, I advised my client not to accept it. The reason is because for all intents and purposes a DUI metabolite is the same as a regular DUI. They're both enhanceable, and they both have very similar penalties.
Where my client didn't lose her license, the only option we could accept was impaired driving under 41-6a-502.5. This option allows the prosecutor to get a conviction, but gives my client reduced penalties, including being able to keep her license.
Understanding Utah DUI Consequences
Most people don't know that if they take a plea deal to either possession of drugs or paraphernalia, they will lose their driver's license for six months.
The other thing people don't understand is the difference between THC and THC metabolite. THC, or Tetrahydrocannabinol, is the psychoactive ingredient in marijuana. This is what drug tests look for. So, when the police draw your blood, this is what they're trying to find. THC will show up as active in your system for 6-8 hours after you last smoked. However, the metabolite, or the breakdown of THC, will stay in your system for upwards of 30 days. The way 41-6a-517 is written, it means that at any point in that time period you could be found guilty of a DUI. This is frustrating to me and I don't think it has been taught to the masses.
In any event, long story short, don't plead to a DUI, and don't accept the possession or paraphernalia either!
If you have been arrested and charged with DUI or alcohol related offenses, contact Branson West Law Offices 24-hours a day to schedule a free defense consultation.