State v. Outzen
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The plain language of Utah Code 41-6a-517, does not require a showing of impairment, and the statute does not violate the federal or state constitutions.
Defendant was charged under section 41-6a-517 with operating a motor vehicle with a metabolite of a controlled substance in his body. The district court denied Defendant’s motion to dismiss. Defendant entered a plea of no contest, reserving his right to appeal. The Supreme Court affirmed, holding (1) an individual violates section 41-6a-517 when he or she operates or is in actual physical control of a motor vehicle with any measurable controlled substance or metabolite of a controlled substance in the person’s body; and (2) the statute does not violate the Eighth or Fourteenth Amendments of the United States Constitution or the uniform operation of laws provision of the Utah Constitution.
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