Interviewer: We have the .08 legal limit for alcohol, what about the drugs? Is there some for Ambien and oxycodone and all these other drugs?
Brian Frees: The presence of the medication coupled with an officer’s impression or demonstration of field sobriety test, that you were unable to perform those tests is the basis on how they take conviction.
A Valid Prescription for a Certain Drug May be Utilized as a Viable Defense in a DUI Case
Interviewer: What if you are taking your medication as prescribed, would that protect you.
Brian Frees: It potentially could protect you. However it will really be dependent on the performance in the field sobriety test.
In Utah Anyone Found Having Metabolites in their System Could be Charged with a DUI
Interviewer: What about illegal drugs. Do they look for active compounds or metabolite, what does the law say about that?
Brian Frees: In Utah, we have a very difficult law, which says that you could be charged, with driving a vehicle, motor vehicle with solely the metabolite in your system. A person who lawfully consumes marijuana in a state such as Colorado, that allows it legally and then 15 days later could be driving the vehicle in the state of Utah. If there was a suspicion that they were driving impaired and a subsequent blood test shows they had metabolite in their system. Currently under the Utah statute that is enough for a charge to be brought against for driving under the influence of alcohol. As opposed to the active metabolite which would be, present in your system, while you’re truly under the influence of the substance.
A Wrongfully Arrested Person Can be Defended in Court for a Drug Related DUI Charge
Interviewer: Can you defend those kind of cases or they can still convict people, even if they weren’t impaired?
Brian Frees: There definitely are defenses to the cases. Some of our neighboring states have invalidated very similar laws. So these cases are prime cases to have a strong defense. To try to raise those issues.
Out of State Residents Can Hire an Attorney to Resolve any Cases in Utah
Interviewer: Do you get a lot of cases from out of state, and what happens if the persons is out of residence of Utah, how is the case different for them, they arrested in Utah?
Brian Frees: I do actually represent quite a few people, who are either out of state or even out of the country. We have the destinations as key industry in the area here. There are lots of people who are visiting for recreational reasons and could potentially get a criminal law violation or traffic violation, or a DUI, and the cases can be handled, where the attorney can represent the client, without the client coming back to the state of Utah.