DUI and Illegal/Street Drugs (non-prescription)

The legal limit of alcohol for most drivers in Nevada is .08. Did you know that there is also a legal limit for the amount of illegal drugs you may have in your system while driving? That's right, there are actual maximum amounts of cocaine, heroin, LSD, marijuana, methamphetamine, and/or phencyclidine that you are prohibited from consuming prior to driving. In fact, if testing shows that you are under these limits, you may have a valid defense to a DUI charge.

The amounts you may have of each drug depend on whether you submitted to a blood or urine test and are as follows:

Illegal Drug      Urine                           Blood
  Nanograms per milliliter  Nanograms per milliliter 
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite    
(1) Morphine  2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana   10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine  25 10

Generally, metabolite is the substance(s) your body produces after a drug is ingested. Metabolites are prohibited even if there is no detection of the underlying drug. This is because metabolites arguably indicate that you were under the influence of the underlying drug at the time of driving.

There are many defenses to DUI with illegal drug cases, and the field sobriety testing or lack of it can be a key component of your defense. If you were arrested after you were alleged to have taken an illegal drug while you were driving, call us now to discuss your case.







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