Driving under the influence of alcohol and/or drugs is prohibited in all 50 states across the United States. When someone is driving under the influence, they are unable to safely drive due to the effects of the drug or alcohol use. Each state approaches driving under the influence of drugs differently, but it is safe to say that those found guilty of committing this crime may face harsh criminal penalties.
Under Utah Code Ann. § 41-6a-502; if a person:
is under the influence of any drug to a degree that renders the person unable to safely operate a vehicle; or
operates a motor vehicle while that person has any measurable controlled substance or metabolite of a controlled substance in their body, they may be charged with Driving under the Influence (DUI).
The lawyers of Brown, Bradshaw & Moffat, LLP have been representing those accused of traffic, driving under the influence, drug, domestic violence, theft, juvenile crimes and many others in Utah since 1998. We have defended marijuana charges at all levels ranging from simple possession to intent to distribute and can help you with your legal matters today.
Each case is different, which is why it is important to speak with the experienced criminal defense lawyers of Brown, Bradshaw & Moffat, LLP as soon as possible. We will investigate all details of your case and fight for the best possible resolution. It is our duty to protect your rights and we will be there with you every step of the way.
Contact Brown, Bradshaw & Moffat, LLP at (801) 532-5297 for an initial no obligation consultation.
Overview of Marijuana DUI in Utah
Marijuana Use in Utah
Utah Marijuana Penalties
Additional Resources
Marijuana Use in Utah
Over the years Utah has remained conservative in its approach to marijuana. The use of marijuana or cannabis in Utah is illegal with the exception of non-psychoactive medical CBD oil, which is used to treat severe epilepsy. Cannabinol (CBD oil) is one of more than 100 active cannabinoids identified in marijuana.
If you are convicted of any marijuana offense in Utah, your license will be suspended. The possession or sale of marijuana in the presence of a minor or within 1000 ft. of a school may increase penalties as well.
Additional Resources
Utah Laws and Penalties for Marijuana on NORML - Visit the NORML website to view Utah’s penalties for being convicted of possessing, selling, and cultivating marijuana. On this website, you will also find information about drugged driving, possession of paraphernalia, and driving under the influence of marijuana.
Together for Responsible Use and Cannabis Education - TRUCE is an organization that advocates for safe and legal access to medical cannabis in Utah. Members of this group are very diverse and bring to light the benefits of legalizing the use or marijuana in the state.
Criminal Defense Lawyers in Salt Lake City, UT
The lawyers of Brown, Bradshaw & Moffat, LLP have been representing those accused of committing various crimes in Utah for almost two decades. Our attorneys have successfully defended those charged with drug crimes, traffic crimes, domestic violence crimes, sex crimes, driving under the influence (DUI) crimes, property crimes, juvenile crimes, and many others within Salt Lake City, Utah and surrounding areas.
It is our mission to serve you and protect your rights. Speak with our experienced attorneys before speaking with anyone else about driving under the influence of marijuana or alcohol.
Contact the criminal defense lawyers of Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today for a free no obligations consultation.
Frequently Asked Questions: About Marijuana DUIs in Utah
1Can I be charged with a DUI in Utah if I have a medical marijuana card?
Yes. A medical marijuana card is not a license to drive while impaired. Under Utah Code § 41-6a-502, an officer can charge you with a DUI if they determine you are under the influence of a drug to a degree that renders you incapable of safely operating a vehicle. Utah Code § 41-6a-504 explicitly states that the fact a person is legally entitled to use a drug does not constitute a defense against a charge of driving under the influence.
2What is a metabolite DUI, and how does it differ from a standard DUI?
A standard DUI focuses on active impairment while driving. A metabolite DUI, governed by Utah Code § 41-6a-517, focuses strictly on the presence of a substance. It is illegal to operate a vehicle with any measurable amount of a controlled substance or its metabolite (the chemical breakdown product of the drug) in your system. Because metabolites can remain in the body long after the effects of the drug have worn off, you can be charged under this statute even without proof of visible impairment. However, having a valid prescription for the controlled substance or otherwise legally ingesting the controlled substance is an affirmative defense to a metabolite DUI.
3Is Utah a zero-tolerance state for marijuana and driving?
Generally, yes, but with a specific carve-out for registered medical patients. Utah maintains a strict per se standard for controlled substances. However, Utah Code § 41-6a-517(3)(c) provides an affirmative defense against a metabolite charge if the cannabis or cannabis product was in a medicinal dosage form and the person ingested it in accordance with the Utah Medical Cannabis Act (Title 26B, Chapter 4). If you do not hold a valid medical card, or if you consume via methods not authorized by the Act (such as combustion/smoking), this affirmative defense is generally unavailable.
4What are the penalties for a first-time marijuana DUI conviction in Utah?
A first-time DUI (either active impairment or metabolite) is typically a Class B Misdemeanor. Under Utah Code § 41-6a-505, penalties include a minimum of 48 consecutive hours in jail or community service, and mandatory substance abuse screening.
Driver license suspension depends on your age at the time of the offense:
21 years or older: generally 120 days.
19 to 21 years old: generally 1 year or until you reach age 21, whichever is longer.
5How can a lawyer defend against a marijuana DUI charge?
Defending these charges requires a technical review of the state's evidence. An attorney may challenge the constitutionality of the initial traffic stop or the probable cause used to demand a blood or urine test, audit the scientific integrity of the testing process including chain of custody and lab equipment calibration, and for medical cardholders, raise the affirmative defense under Utah Code § 41-6a-517(3)(c) based on lawful, physician-authorized medical cannabis use that complies with state dosage requirements.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
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