What to Know About Drugged Driving Charges in Utah

Most people are familiar with DUI/DWI charges for driving under the influence of alcohol. But many people may not realize they can also be charged with DUI/DWI for driving under the influence of recreational or prescription drugs.

If you were charged with DUI/DWI in southern Utah, you need experienced, aggressive legal representation. Douglas D. Terry & Associates is one of Utah’s preeminent criminal defense law firms. Our lawyers have represented people accused of DUI/DWI and other crimes for over 40 years. We will carefully analyze your situation, offer advice and legal guidance to help you move forward, and provide aggressive legal representation.

Drugged Driving Charges in Utah

In Utah, there are two ways a person can be convicted of drugged driving.

• The first is if you are operating a motor vehicle while under the influence of a drug or alcohol that renders you incapable of safely operating the vehicle.
• The second is if you are operating a motor vehicle with any measurable controlled substance or metabolite of a controlled substance in your body.

Scientists and law enforcement agents have not yet developed a roadside test to establish whether a driver is under the influence of drugs. When police suspect someone is under the influence of marijuana or another drug, they will look for signs of intoxication. Often, they call in a Drug Recognition Expert (DRE) to assess whether a driver is under the influence of drugs.

Proving Drugged Driving

Most police officers are trained to evaluate whether a suspect is under the influence of alcohol. But only a select few have received training to assess whether a driver is under the influence of drugs. When an officer suspects a driver is under the influence of drugs, they must call in a DRE to investigate whether the suspect is under the influence of drugs. In many cases, the driver will be asked to provide a blood or urine sample to test for the presence of drugs or drug metabolites in their system.

Penalties for a Drugged Driving

The penalties for a drugged driving conviction vary depending on your circumstances. In most cases, a first-time conviction for drugged driving is a Class B misdemeanor, punishable by up to six months in jail and a fine of $1,000. Someone convicted of drugged driving also faces the following penalties:

• Losing their driver's license
• Being placed on probation or parole
• Loss of auto insurance
• Mandatory attendance at court-ordered driving school
• Vehicle impound
• Mandatory installation of an ignition interlock device

Driving While Under the Influence of Prescription or Over-the-Counter (OTC) Medications

Under Utah law, a person can face DUI/DWI charges if they are under the influence of any controlled substance. This includes prescription or over-the-counter (OTC) medications. For example, a person could be charged with DUI/DWI if they take a medication that makes them drowsy or otherwise incapable of safely operating a motor vehicle.

Stimulants like antidepressants, antibiotics, insulin, anti-inflammatories, antihistamines, and anticonvulsants can make it more difficult to judge distance or lead a driver to engage in risky behaviors.

Drivers should also be aware of how one drug might interact with another medication. Drug interactions can have side effects that can impair a person’s ability to safely operate a vehicle. A prescription drug or an over-the-counter medication might interact with another medication, a homeopathic remedy, or even an herbal supplement.

You should avoid driving until you know how your body responds to certain drugs and how a new medication interacts with other medications and supplements.

Defending Against Drugged Driving Charges in Utah

A DUI/DWI is a serious offense that carries severe penalties. However, many people are charged with drugged driving based on subjective observations and faulty evidence.

In some drugged driving cases, a defendant has developed a tolerance to certain drugs and may not be under the influence even if they have drugs or drug metabolites in their system. In other situations, a driver used drugs days or weeks prior but the test still comes back positive.

The DUI/DWI defense lawyers at Douglas D. Terry & Associates can analyze the circumstances of your arrest and the police investigation, and mount a vigorous and aggressive defense. We can work to identify the officer’s faulty assumptions, challenge the evidence they identified to place you under arrest, and question the reliability of the DRE’s opinion on intoxication.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates represents people throughout Southern Utah who were charged with DUI/DWI. Contact us today to schedule an appointment to discuss your situation and how we can help. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.