METABOLITE DUI

Rx - Metabolite DUI

In Utah, a driver can be convicted of a Metabolite DUI, under UCA 41-6a-517, even though the State has failed to show that the driver was impaired. Here, all the prosecutor needs to prove is that the blood sample drawn from the driver tested positive for trace amounts of any metabolite for a controlled substance (including prescription drugs).

AFFIRMATIVE DEFENSES TO A METABOLITE DUI

Utah’s legislature has created three affirmative defenses to the charge of a Metabolite DUI: first, if the driver has a valid prescription for the prescription drug found in the driver’s blood sample; second, if the driver involuntarily ingested the controlled substance found in the driver’s blood sample; and third, if the driver “otherwise” legally ingested the controlled substance.

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