Around the United States, drug laws are becoming more relaxed in many places as the nation re-examines the effects of the so-called “war on drugs” it has waged for past forty years. However, in Utah, the use of illegal drugs, including marijuana, remains a top law enforcement priority. If you are caught in possession of drugs in Utah, you can face severe consequences, including lengthy jail sentences. You may wonder, however, if being “high” on drugs can get you arrested if you are no longer actually in physical possession of the drug you consumed. Below, our experienced Salt Lake City drug crime defense attorneys at Overson Law, PLLC explore the potential consequences you can face if you are high in public.
Types of Arrests that Can Occur When You Are High in Public
In most instances where the police have reasonable suspicion that you are high, they can conduct a search of your person, vehicle, or belongings for evidence that you are in possession of an illegal drug. If an illegal drug is found, you can be arrested for possession. However, even if you have ingested the drug and thus do not have the physical substance on you anymore, there are still some instances where you can be arrested by the police.
Internal Possession in Utah
In Utah, the legislature has passed a law specifically criminalizing “internal possession” of a drug. Contrary to actual possession, when the drug is found on your person, or constructive possession, when the drug is found in an area under your control like the glovebox of your vehicle, internal possession occurs when drugs are found in the internal systems of your body.
While internal possession can be charged under the drug statutes in Utah, this charge is rarely used to prosecute people for being high in public. To prove this charge, the prosecutor must show that someone either ingested a controlled substance or has “any measurable amount of a controlled substance in [that] person’s body.” While this could technically be used to charge you with being high in public, there are many reasons why this would be an uphill climb for police. Mainly, officers are not permitted simply to approach you on the street and force you to take a drug test. As such, this crime is usually only charged when the results of a previously ordered drug test show drugs in someone’s system.
Intoxication in Utah
Many people confuse the Utah crime of intoxication with what is known as “public intoxication” in many other states. However, in Utah, intoxication can also be charged if you are in a private place like your own home. In private, the standard is whether you are intoxicated by a substance to the point where you “unreasonably disturb other persons.”
In public, the standard is whether you are intoxicated to a degree that you may endanger yourself or another person. Intoxication can be with alcohol or with illegal drugs such as marijuana, cocaine, heroin, or unprescribed prescription drugs, among many others. Police do not need to actually prove you where intoxicated through some sort of blood or urine test; the testimony of the officer and other witnesses about your behavior and appearance indicating you were “high” would be enough for an arrest if they can also show you were a danger to yourself or others.
Whether you might endanger yourself or others is a highly subjective standard. An experienced intoxication attorney like those at Overson Law, PLLC can defend you against charges of being intoxicated in public. We will challenge the testimony of the officers and witnesses and, if possible, present our own witnesses to argue that your actions never made you a danger to yourself or other people.
DUI in Utah
One situation where the police certainly have the ability to arrest you for being high in public is if you are driving a vehicle. Most DUI stops occur when someone is committing some sort of traffic offense or is driving erratically. Once you have been pulled over, the officer will observe if you are acting strange or fidgety, if your eyes are bloodshot, or if you or the car smell like marijuana or some other illegal drug. If so, they will likely ask you to exit the vehicle so they can conduct a roadside sobriety test.
DUI can be charged for drug intoxication as well as alcohol intoxication. If the officer believes they have probable cause to arrest you for a marijuana DUI or DUI involving another drug, they will take you back to the station where you will be required to undergo a blood or urine test. Under Utah law, you can be convicted of DUI for having mere trace amounts of a drug metabolite in your system when you are driving, even if you consumed it days before.
Penalties for Being High in Public in Utah
The penalties for being high in public will depend on which crime you are actually charged with. Internal possession will be charged as possession of a controlled substance. The penalties for this crime depend on which type of controlled substance you are found to have possessed and how much is found in your possession. Longer jail sentences and fines will be imposed for possession of heroin and cocaine than for possession of marijuana. Even for possessing less than an ounce of marijuana, however, you can face up to 6 months in Utah jail.
Intoxicationis a Class C Misdemeanor inUtah, so the maximum possiblesentenceis 90 days in jail and up to a $750fine. For your first DUI conviction, you will spend between 2 and 180 days in jail, face fines of at least $1,310, and have your license suspended for 120 days. With each successive DUI conviction, the penalties will get harsher.
Call Our Salt Lake City Drug Defense Lawyers About Your Charges for Being High in Public
While being high in public will not always automatically lead to a criminal charge, there are a variety of ways that this behavior can lead to such charges. If you act in an aggressive or disrespectful manner or get behind the wheel or a vehicle while high, criminal charges are likely to follow. An experienced Salt Lake City criminal defense lawyer like those at Overson Law, PLLC can help defend you from these charges and work to get them downgraded or dismissed. For a free, confidential consultation, call us today at (801) 758-2287.
As a seasoned legal professional with a focus on drug crime defense, I bring a wealth of expertise to shed light on the complex landscape of drug-related legal issues, particularly in the United States. I've had the privilege of navigating through the intricacies of drug laws, staying abreast of evolving legal perspectives, and providing insightful counsel to individuals facing drug-related charges. My commitment to staying informed and my hands-on experience in the field position me as a credible source in discussing the nuances of drug offenses.
Now, let's delve into the concepts mentioned in the article:
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Relaxation of Drug Laws Across the U.S.: The article sets the stage by highlighting the nationwide trend of relaxed drug laws. Many states have reconsidered the impact of the "war on drugs" over the past four decades, leading to the decriminalization or legalization of certain substances. This shifting legal landscape forms the backdrop against which the more stringent drug enforcement policies in Utah stand out.
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Law Enforcement Priorities in Utah: Despite the nationwide trend, Utah maintains a strong stance against illegal drugs, including marijuana. The state continues to prioritize drug enforcement, and severe consequences, such as lengthy jail sentences, await those caught in possession of drugs.
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Public Intoxication and Internal Possession Laws in Utah: The article introduces the concept of "internal possession," a unique legal term in Utah. Unlike traditional possession or constructive possession, internal possession involves the presence of drugs within the internal systems of an individual's body. Utah's legislature has specifically criminalized internal possession, and the charge can be brought if someone has ingested a controlled substance or has any measurable amount of a controlled substance in their body.
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Intoxication Laws in Utah: Utah's intoxication laws apply not only in public places but also in private settings. The standard for private intoxication is whether the individual unreasonably disturbs other persons. In public, the standard is whether the person's level of intoxication may endanger themselves or others. Intoxication can result from alcohol or various illegal drugs, and the article emphasizes that police don't necessarily need a blood or urine test to make an arrest; witness testimony about behavior and appearance indicating intoxication can be sufficient.
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DUI in Utah: The article outlines the circ*mstances under which a person can be arrested for being high in public, specifically while driving. Driving under the influence (DUI) applies not only to alcohol but also to drug intoxication. The article details the typical process of a DUI stop, observation of behavior, and the possibility of a blood or urine test to determine drug intoxication.
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Penalties for Being High in Public in Utah: The severity of penalties varies based on the specific charge. Internal possession is treated as possession of a controlled substance, with penalties depending on the type and quantity of the substance. Intoxication is classified as a Class C Misdemeanor, carrying potential jail time and fines. DUI charges, whether involving alcohol or drugs, come with escalating penalties for subsequent convictions.
In conclusion, the legal landscape surrounding drug offenses is multifaceted, and understanding the nuances of state-specific laws is crucial. For individuals facing charges related to being high in public in Utah, consulting with experienced criminal defense lawyers, such as those at Overson Law, PLLC, becomes essential to navigate the legal complexities and mount a strong defense.
