Can You Lose Your License for Marijuana Possession in Utah? (Even Without a DUI)

Many drivers are shocked to learn that in Utah, you don’t have to be “high” behind the wheel to lose your driving privileges. A simple possession charge can trigger an automatic license suspension. If you’ve been pulled over coming back from Colorado or another legal state, here is what you need to know about Utah Code 53-3-220 and your right to drive.

The Scenario: The “Colorado Trip” Trap

Imagine you and your friends just finished a weekend trip to Colorado. You visited a dispensary, bought some product, and headed back home to Utah.

In the excitement of the drive, you forget to dispose of the marijuana before crossing the state line. You get pulled over by the Utah Highway Patrol. The officer smells marijuana, brings out the K-9 unit, and discovers the stash.

Here is the kicker: The officer doesn’t conduct a DUI sobriety check because you aren’t impaired. They cite you with a Class B Misdemeanor for Possession of a Controlled Substance and let you drive away. You go to court, plead guilty, and think it’s over—until you receive a notice from the Utah Driver License Division (DLD) stating your license is suspended for 6 months.

How did this happen if you weren’t driving under the influence?

Understanding the Law: Utah Code 53-3-220(1)(c)

Utah law is unique and strict when it comes to drugs and motor vehicles. Under Utah Code 53-3-220(1)(c), the DLD is required to suspend your license for six months if you are convicted of certain drug-related offenses while operating a motor vehicle.

The suspension applies if the court finds that losing your license will reduce recidivism and serve public safety. This applies to violations of:

• Title 58, Chapter 37: Utah Controlled Substances Act (Possession)

• Title 58, Chapter 37a: Utah Drug Paraphernalia Act

• Title 58, Chapter 37b: Imitation Controlled Substances Act

• Title 58, Chapter 37c: Utah Controlled Substance Precursor Act

• Title 58, Chapter 37d: Clandestine Drug Lab Act

The “Operator” Catch

Because you were the operator of the motor vehicle when the drugs were found, you fall squarely under these provisions. In Utah, possession is a driving offense if the drugs are in the car you are driving—even if they are tucked away in a suitcase and you are completely sober.

Why You Need to “Lawyer Up”

The Utah Code is a complex, often unintuitive web of legislation. As the scenario above demonstrates, you do not need to be intoxicated for the Driver License Division to strip you of your driving privileges.

If you handle this on your own, you are likely to face consequences you never saw coming. A 6-month suspension can impact your job, your education, and your freedom.

Get a Free Consultation

Don’t let a simple mistake in Colorado ruin your ability to drive in Utah. You need an attorney who understands the nuances of the Utah Controlled Substances Act and how to navigate the DLD.

Contact our office today:

• Phone: 801-373-6345 (Ask for Attorney Drake Onaga)

• Email: [email protected]

• Website: ProvoLawyers.com