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What is the legal limit for oxycodone and morphine in a blood test for dui/dwi?

Willmar, MN |

I was arrested for a dui/dwi. I gladly gave a blood test (I requested a urine but was denied). My blood test came back at .01 oxycodone and .02 morphine. The meds were prescribed by a dr. The prescription was 20 mg morphine and 15 mg oxycodone (I think). But they were high amounts due to my chronic pain and several spinal conditions. I had not taken any pain meds for almost 3 days. I have been told once by a probation officer that .20 was cutoff for pain meds. This seems high to me, but then .01 would be nothing. I think this is a joke and they haven't dropped it. Do you know the legal limits? People take pain meds as prescribed all the time and drive. The meds say drive with caution. I crossed the white line twice. Thank you.

Attorney Answers 4


  1. Hello. The concern as to the named prescribed drugs is not 'legal limits', but, rather, whether you had a valid prescription, whether were taking such drugs as prescribed, whether you were not impaired. Through the counsel of your attorney, you should be preparing your defense including but not limited to preserving and protecting your evidence (prescription pill bottles, counting the nos. of pills, etc., documentation of all). You are unwise to post any details of your private criminal issues on a public website. Do turn to your attorney as she/he should know your issues as well as anyone. All the best.

    Minnesota licensed attorney


  2. There is no per se (arbitrary) blood level limit for any drug other than alcohol, when it comes to Minnesota DWI law. Rather, the issue is whether the person is under the influence of a controlled substance; or whether the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.


  3. There is no legal limit. Have any amt. in your blood stream while driving is a crime. Having a valid prescription (i.e. that the meds were prescribed to you) is a valid affirmative defense under the law. Consult qualified counsel asap. Many attys. with high Ratings on www.avvo.com, including me, will give free consults on the phone or in person.

    This is not legal advice. Communications on this website do not establish an Attorney-Client relationship. This site is only to be used for general information, not advice on what to do with your specific case.


  4. There is no limit. Any amount in your blood stream is a criminal offense. However, a prescription and proper use in keeping with the prescription is a. Affirmative defense.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.

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