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State v. Outzen 2017 UT 30 (June 7, 2017)

Jun 7, 2017

The court held that “[a] person violates Utah Code section 41-6a-517 if he or she operates or is in actual physical control of a motor vehicle with any measurable amount or metabolite of a controlled substance in his or her body.”  Section 41-6a-517 does not require an additional finding of impairment, the statute does not create a status offense that violates the Eight and Fourteenth Amendments of the United States Constitution, and the statute does not violate the Utah Constitution’s uniform operation of laws provision.  Id.