What Are the Penalties For Driving with an Unlawful Drug Level (DUID) Offense
Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had one of the below listed levels a blood or urine levels. The penalties for these offenses are same as the penalties for the Low Tier Breath Offense except that Interlock or SCRAM are always optional with DUID offenses. 1st Offense – Low Tier Test, 2nd Offense – Low Tier Test, 3rd Offense – Low Tier Test, 4th Offense – Low Tier Test or a Prior OVI Felony – Low Tier Test.
In addition to the issues related to the “impaired charge,” the admissibility and accuracy of the test, and issues related to the time of diving versus the time of the test will be critical in these cases. The cases will often involve an ARIDE or DRE trained officer. See The Evidence Against You.
DUID Drug Per Se Levels Chart
| Amphetamine | 500 ng per ml urine – 100 ng per ml of whole blood, plasma, serum |
| Cocaine | 150 ng per ml urine – 50 ng per ml of whole blood |
| Cocaine Metabolite | 150 ng per ml urine – 50 ng per ml of whole blood |
| Heroin | 2000 ng per ml urine – 50 ng per ml of whole blood |
| Heroin Metabolite | 10 ng per ml urine – 10 ng per ml of whole blood |
| LSD | 25 ng per ml urine – 10 ng per ml of whole blood |
| Marijuana | 10 ng per ml urine – 2 ng per ml of whole blood, serum or plasma |
| Marijuana Metabolite Impaired* | 15 ng per ml urine – 5 ng per ml whole blood, serum or plasma |
| * Not truly a Per Se offense because also requires that person be impaired by drugs and/or alcohol | |
| Marijuana Metabolite | 35 ng per ml urine – 50 ng per ml whole blood, serum or plasma |
| Methamphetamine | 500 ng per ml urine – 100 ng per ml whole blood |
| Phencyclidine | 25 ng per ml urine – 10 ng per ml whole blood |
| Salvia Divinorum | Board of Pharmacy has not set per se level |