Drug DUI Defense in Ogden
Drug DUI Defense Backed by More Than 30 Years of Combined Experience
A Utah drug DUI arrest may involve alleged impairment, a measurable controlled substance, or a metabolite left after the body processes a drug. These cases often rely on blood or urine testing rather than a breath-alcohol result, but a positive test doesn’t resolve every legal question.
We review the alleged substance, the officer’s observations, the circumstances of the stop and arrest, and any pending license deadline. Stevens & Gailey, PLLC provides criminal defense representation for DUI charges in Ogden and throughout Northern Utah.
Call (801) 761-2124 to discuss your arrest, testing, and approaching license deadlines with our attorneys.
Utah’s Impairment & Measurable-Substance Laws
Utah addresses drug-related driving allegations under two separate statutes. The charge listed in the citation or court filing matters because each law has distinct elements, evidence requirements, and potential defenses.
Impairment-Based DUI Under Utah Code 41-6a-502
Utah Code 41-6a-502 addresses driving or being in actual physical control of a vehicle while under the influence of alcohol, a drug, or both to a degree that makes safe operation impossible. Evidence may include driving behavior, speech, balance, field sobriety testing, officer observations, and chemical test results.
Measurable-Substance Allegations Under Utah Code 41-6a-517
Utah Code 41-6a-517 separately addresses operating or being in actual physical control of a motor vehicle with a measurable controlled substance or metabolite in the body. A DUI metabolite allegation can arise even when the driver disputes being impaired. The statute identifies affirmative defenses for certain substances that were involuntarily ingested, prescribed, medicinally ingested, or otherwise legally ingested.
Evidence That May Shape a Drug DUI Defense
We investigate the circumstances surrounding the arrest and develop a strategy based on the available facts. Laboratory findings must be considered alongside the charged offense, the officer’s observations, and the rules governing how the evidence was obtained.
Our review may address:
- The traffic stop: Whether the officer had a lawful basis to stop the vehicle.
- The arrest decision: Whether the observations and other evidence established probable cause.
- Chemical testing: What authorized the blood or urine collection and whether required procedures were followed.
- Laboratory evidence: What substance was identified, whether it was active or a metabolite, and how the sample was stored and tracked.
- Other records: Whether video, medication information, or medical cannabis documentation affects the analysis.
Criminal Charges & Driver’s License Proceedings
A Utah DUI arrest can create two separate proceedings: a criminal case in court and an administrative action involving driving privileges. Utah Courts advises people arrested for DUI to request a Driver License Division hearing within 10 days of the arrest. Missing that deadline can limit the opportunity to challenge the administrative action.
A conviction under Utah Code 41-6a-517 can be a class B misdemeanor and may carry license consequences. The potential penalties depend on factors such as the driver’s age, prior record, charge, and other circumstances. The citation, release paperwork, testing records, and licensing notice should therefore be reviewed together.
How We Organize & Review the Evidence
We compare the allegations with the records offered to support them. Relevant materials may include the citation, police report, body-camera or dash-camera footage, field sobriety observations, warrant materials, laboratory documentation, and licensing paperwork.
Our analysis may address the legality of the stop, the basis for an arrest or search, testing authorization, sample collection and storage, chain of custody, and interpretation of laboratory findings. Chain of custody documents who collected, transferred, stored, and tested a sample. Any gaps or inconsistencies must be considered with the charge, surrounding observations, testing procedures, and admissibility of the evidence.
Driven by integrity, compassion, & commitment Why Choose Stevens & Gailey, PLLC?
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Trusted AdvisorsWhether facing complex legal challenges or high-value disputes, you need a firm you can trust. With extensive experience and a reputation for excellence, we are here to guide you through every step with confidence and expertise.
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Unwavering CommitmentYour success is our priority. Our dedicated team works tirelessly to deliver the best possible outcomes, offering personalized attention and a strategic approach that’s always focused on your needs.
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Tailored StrategiesHandling complex, high-stakes cases requires a deep understanding of financial intricacies. We specialize in managing high-net-worth cases, crafting personalized legal strategies designed to protect your assets and interests.
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Bilingual Legal ExpertiseWe’re proud to offer legal services in both English and Spanish. Our bilingual team ensures that language is never a barrier to receiving top-tier legal representation, providing clear communication for all our clients.
Records to Bring to Your Consultation
Bring the citation, charging documents, release paperwork, and any notice received from the Driver License Division. Include available blood or urine testing information, warrant paperwork, tow or impound records, and court dates.
Medication bottles, prescription records, medical cannabis documentation, and written instructions for use may also be relevant. Prepare a brief timeline covering where you were driving, when you took the substance, what the officer asked, and what testing occurred.
