State v. Outzen: A showing of impairment is not required for a conviction for operating a motor vehicle by a person who has any measurable controlled substance or metabolite of a controlled substance in the person's body

“The statute criminalizes driving with “any measurable controlled substance or metabolite of a controlled substance in the person's body.” To limit the measurable controlled substances and metabolites to those that cause impairment would reduce the scope of the statute to less than “any”—a result that is incompatible with the legislature's use of the word any.” State v. Outzen, 2017 UT 30, ¶ 11.

Outzen, the defendant, fell asleep at the wheel and caused a two-car collision. Sobriety tests revealed that Mr. Outzen was not too impaired to drive, but a blood test revealed that he had the primary metabolite of marijuana in his system. He was charged under Utah Code section 41-6a-517 for operating a motor vehicle with a metabolite of a controlled substance in his body. At trial, Outzen moved to dismiss, arguing that the plain language of section 41-6a-517 requires a showing of impairment. The Court held that a showing of impairment is not required for a conviction under this statute because the statute criminalizes driving with any measurable controlled substance or metabolite of a controlled substance in the person's body and not just substances that cause impairments.