Criminal offenses involving drugs are among the most serious ones the law forbids. They all center on controlled substances, including prescription pharmaceuticals and illicit drugs. Being under the influence of controlled substances is likewise prohibited, in addition to their possession and usage. Controlled substance use is typically a criminal charge with a jail sentence and a court fine. A conviction will also result in a criminal record, significantly affecting your life. Hiring the most excellent legal representation is vital if you face accusations of using a regulated substance and being under its influence. You can then defend yourself against the charges to prevent a conviction and its severe effects.
The Legal Meaning of Being Under the Influence of A Controlled Substance
Health & Safety Code (HS) 11550 prohibits being under the influence of controlled substances. Anyone caught while impaired by narcotics or some prescription drugs without a valid prescription violates the law. Even though the crime is only a misdemeanor, it carries serious repercussions that could have a long-lasting effect on your life. For example, having a drug-related conviction on your criminal record can make it more challenging to land a good job, establish lasting relationships, or locate a place to live. Thus, retaining the most excellent criminal defense attorney when detained on a drug-related allegation is crucial.
Knowing the legal significance and implications of the charges you face under HS 11550 is vital. An experienced criminal attorney can assist you with that. They can also help you determine your alternatives and the likelihood of successfully contesting the charge in court. The prosecutor must establish both elements of this offense for the court to declare you guilty. These components are:
- That you willfully or knowingly used a regulated substance or narcotic drug.
- You were knowingly under its influence at the time of the arrest.
The prosecutor must identify the narcotic or prohibited substance you are accused of using. Here are several scenarios where charges under this statute can be brought:
- Attending a concert while high on Vicodin.
- Stealing and using multiple prescription medications that leave you feeling faint, weak, and exhausted.
- Experiencing hallucinations and exhibiting strange behavior in public after snorting PCP.
The following statutes outline the regulated substances and narcotics that are prohibited by this law:
- Health & Safety Codes 11054 to 11058.
- Health & Safety Code 11019.
Here are the most common narcotics and controlled substances whose influence this law prohibits:
- Heroin.
- PCP.
- Methamphetamine.
- Codeine.
- Hydrocodone.
This particular law does not make it illegal to use marijuana when impaired. It is because marijuana possession and usage are explicitly controlled by different legislation.
To further comprehend the significance of this offense in legal terms, let us examine some of these components in more detail:
Willfully Using and Being Under the Influence
It is against the law to intentionally use narcotics or be under the influence of any other controlled substance. You must have used a regulated substance knowingly and voluntarily, knowing it would affect you. If you did not knowingly use a controlled substance, you are not guilty according to this legislation. For example, if someone coerced you into using a controlled substance or drugged you, you are not at fault.
Using a Controlled Substance
Under the terms of this statute, the use of a regulated substance should be current. It implies that you must have used the drug just before your arrest. You must still be affected by the medicine and have it in your system for your charges to stand in court. Even that can have varied meanings for various prosecutors and courts. In some situations, meeting the requirements of this statute is satisfied by ingesting a controlled substance 48 hours before the arrest. Other times, the prosecution will submit a strong case against you five days after using the controlled substance. It all depends on the court that will hear your case.
Some courts contend that the prosecution cannot establish current usage if drug withdrawal symptoms began before the arrest. Drug withdrawal symptoms are evidence that you have previously used a regulated substance. It is a valid legal defense for the acquittal of drug-related charges.
Being Under a Drug’s Influence
When under the influence of a regulated substance, various parts of your body experience its effects, including:
- The nervous system.
- Mental or brain condition.
- Physical and muscle condition.
The legal threshold for drug usage is lower under this act than for cases of DUI or public intoxication. You can be under the influence of even a small amount of narcotics or other restricted substances to satisfy the requirements of HS 11550. Chemical tests that demonstrate that you used a particular controlled substance are sufficient to support this allegation without the need for misconduct or intoxication.
When the police detain someone on allegations of drug usage, they typically consult a DRE (drug recognition expert) to determine whether the suspect is under the influence of a regulated drug. A DRE is a member of the police force who has received special training to identify drug-impaired drivers. The DRE will evaluate you using a twelve-step method and present the police with a report of their findings.
The following are the steps in the 12-step program:
- Administer a BAC test to determine how much alcohol is in your system. They will continue the evaluation if your level of impairment does not match the BAC readings.
- Doing preliminary examinations to rule out other substances and conditions.
- Interviewing the arresting officer to learn more about your actions and demeanor at the time of the arrest. You must respond to inquiries about your health and recent consumption of food, medications, and alcohol.
- Testing for vertical gaze nystagmus, HGN, and lack of convergence in an eye exam.
- Testing your divided attention through finger-to-nose, walk-and-turn tests, and stand-on-one-leg tests to assess your balance.
- Checking your vital indicators, like your blood pressure, temperature, and pulse.
- Performing a few tests in the dark to determine how big your pupils will be in various lighting scenarios. The test checks whether your pupils are normal, dilated, or constricted.
- Assessing your muscular tone because some drugs can make your muscles tense while others can make them lose and flaccid.
- Looking for injection sites that can point to the usage of a specific substance.
- They will read your Miranda rights and inquire about your prior drug or controlled substance use.
- Evaluating the outcome of the tests to determine whether you were under the influence of a regulated substance.
- Undertaking a toxicological evaluation to identify the specific drugs you have consumed. The results of the toxicological examination will serve as critical evidence for the prosecution.
How Prosecutors Prove Charges Under This Statute
If law enforcement officials believe you are using drugs or another controlled substance, they will make an arrest. They will then look into the matter and compile a report that the prosecutor will use to support your case in court. Once the prosecution has enough evidence to substantiate the charges, the prosecutor files charges against you in court. The prosecutors can rely on various types of evidence to demonstrate that you are guilty of being under the influence of a regulated substance. The prosecution can use the following primary forms of evidence against you:
The Testimony of Arresting Officers
Police are taught to look for behaviors in suspected offenders that could indicate drug use or intoxication. For the charges to stand in court, the arresting officers must have had reasonable suspicion to make the arrest. Here are some indicators that could have informed the police that you were impaired:
- Having a runny nose.
- Seizures or tremors.
- A chemical odor coming from your clothes, body, or breath.
- Extreme lethargy.
- Watery or bloodshot eyes.
- Lost physical coordination.
- Pinpoint pupils.
Any of those impartial indications could have caused the police arrest. The arresting officers can be called to the witness stand by the prosecution to describe what they saw in you and why they thought you could be under the influence.
Results of a Chemical Test
The police will make an arrest and request that you submit to chemical testing if they have reason to believe you have used a regulated substance. If you are suspected of being under the influence of alcohol, a breath test is typically given.
However, a breathalyzer cannot find narcotics in your bloodstream.
The police will then request that you do a blood test in that situation. The prosecution will use the results to prove that you were under the influence of drugs if they are positive for a specific regulated substance.
The following drugs, among others, can be found by the chemical testing the police conduct:
- Opioids.
- Methamphetamines, and
- Cocaine.
Remember that the burden of proof in criminal matters rests with the district attorney. They have to prove that you were under the influence of a particular regulated substance.
The Testimony of a DRE
After a drug-related arrest, the police will frequently use a DRE to confirm that you were, in fact, under the influence of a regulated substance. Police officers who have received special training in identifying the signs of drug intoxication typically work as DREs. A DRE officer can be called in to assist with the investigation once the police have stopped you and are looking into whether you were intoxicated. Remember that the DRE will use a twelve-step specialized procedure to determine if you are under the influence of a regulated substance.
The DRE will prepare a report that the prosecutor can use as proof to back up your charges if they determine that you are intoxicated at the conclusion of the process. The DRE can be called to testify during your trial by the prosecutor.
Fighting Your Charges HS 11550
For the jury to find you guilty, the prosecutor's evidence must be convincing enough to establish each aspect of the crime. If not, the judge will find you innocent of all allegations. The legislation also allows you to challenge your charges and compel the court to drop or reduce them. For this reason, it is recommended that you hire a criminal attorney at the outset of the legal process. In addition to defending your rights and assisting you through the complex legal process, your attorney can employ several defense strategies to strengthen your case. Here are some examples of the most effective of these tactics:
You Had a Prescription
You are not allowed to be high on controlled substances, including some prescribed drugs, according to HS 11550. You can argue that you had a prescription for the medications in question if the symptoms you displayed after using the prescribed medicine led the authorities to stop and investigate you for being under the influence. The prescription could be presented in court as evidence by your attorney to refute the prosecution's claims. Under this law, you are not guilty if the prescription is legitimate and only the prescribed drug was discovered in your system. Remember that only a qualified healthcare provider, like a naturopathic doctor, veterinarian, dentist, or doctor of medicine, can issue a prescription.
You Did Not Use Any Drugs
You can claim that you did not consume any drugs if you think the police were mistaken and that you were not intoxicated. Remember that the prosecution must establish without a doubt that you were drugged. You could not have been affected by drugs if you had not used any. Your attorney can use a negative drug test result to refute the prosecutor's claims.
Additionally, something else, like an illness or other drugs, could have been the cause of the drug-like effects. To persuade the court to drop your accusations, your attorney can present evidence of the same to counter your charges.
The Intoxication Was Not Voluntary
Remember that to violate HS 11550, you must have used a regulated substance and been exposed to its effects on purpose. The court will drop your charges if that is not the case. In situations like this, involuntary intoxication is a generally accepted legal defense. It is possible that someone else drugged you or conned you into ingesting a specific substance. The court will drop your charges if your attorney can show that the drug use was done against your will or without your knowledge.
The Consequences of a Conviction Under HS 11550
Even a seemingly minor conviction for a crime should not be taken lightly. You will be left with a criminal record that will likely impact many aspects of your life, including your social and professional lives.
The primary penalty for breaking this law is a misdemeanor with a maximum jail sentence of one year. Probation can be substituted for incarceration by the judge. Additionally, you could be eligible for a drug diversion program that includes drug rehabilitation and counseling. These initiatives are intended for offenders committing non-violent drug-related crimes. If the judge orders you to one of these programs, you will complete your sentence without imprisonment.
If you are an immigrant, a DUI conviction can affect your immigration status. Deportation or being flagged as ineligible for entry into the United States could follow a conviction. Offenses or moral turpitude are typically those that are deportable. Nevertheless, depending on the specifics of your case, you can also be subject to serious immigration repercussions for some drug offenses.
Also, a conviction will result in a criminal record that can stick around for a long time. Criminal histories are typically accessible to the public. The sentence will be known to anyone running a background check on you. It can influence how others view you, particularly prospective employers and landlords. Even after serving your jail or probation term and changing your life, a conviction can still impact you for years.
As a result, consider applying for expungement as soon as you have finished serving your probation, imprisonment, or diversion sentence. A criminal conviction's negative consequences and restrictions are removed through expungement. A criminal conviction is expunged from your record, making it inaccessible to anyone running a background check on you. But to be eligible for expungement, you must fulfill specific requirements. For example, you must satisfy the penalties the judge imposed on you during the sentencing process. Additionally, you need to show how the procedure will improve your life.
Find an Experienced Criminal Attorney Near Me
Do you or a loved one in Van Nuys face charges for being under the influence of a regulated substance?
If you seek the advice of a skilled criminal attorney, it can be very beneficial for you. A knowledgeable attorney will assist you in comprehending the significance of your charges, their legal implications, and how to prevent a guilty verdict. They will defend your rights and aid you in understanding your options. We at Leah Legal understand the anxiety of being accused of a crime. We are willing to assist you in navigating the challenging legal system. Using the most potent legal arguments, we can also defend your charges and persuade the judge to drop or reduce them. To learn more about your charges and our services, call us at 818-484-1100.