Everyone knows that possession of narcotics without a valid prescription is illegal, but being “under the influence” of a controlled substance can also lead to criminal charges.
This blog explores what it means to be under the influence, how different states define it, and why consulting the best criminal defense lawyer in Beverly Hills, CA, is essential if you find yourself facing drug charges. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Understanding State Variations in “Under the Influence” Laws
The definition of being “under the influence” of a controlled substance varies depending on the state and the specific offense. Generally, states categorize being under the influence into three types:
- Trace Amounts: Some states, like Nevada and Arizona, require only a trace amount of a controlled substance to consider someone under the influence. In these states, even a negligible amount found in your body can lead to a conviction.
- Impairment: States like New York and California require evidence of physical or mental impairment due to drug use. This can include effects on the nervous system, muscles, or brain.
- Drug Use: Some states criminalize the use of controlled substances outright, regardless of the impairment or trace amounts in the body. This category includes states like Colorado, Arizona, Ohio, Utah, and Nevada.
Trace Amounts and Legal Implications
In states like Nevada and Arizona, being under the influence means having any detectable trace of a controlled substance in your body. For example, Nevada law criminalizes knowingly using or being under the influence of a controlled substance unless it is prescribed. The Supreme Court of Nevada has ruled that even a trace amount of the substance or its metabolites is enough for a conviction.
Impairment-Based Definitions
In California, to be considered under the influence, there must be some form of detectable impairment. This could mean an appreciable influence on the nervous system, muscles, or brain. However, the influence does not have to lead to misbehavior or breaking other laws for it to be considered illegal.
In New York, the impairment must be public and either endanger someone or annoy others. For instance, if someone uses PCP and shows signs of impairment such as slurred speech or glassy eyes, they can be arrested and convicted for being under the influence.
Drug Use Alone
States like California also make it a crime to use controlled substances without needing to prove current impairment. For example, California Health and Safety Code 11550 HS criminalizes using or being under the influence of any controlled substance. This law requires proving that the substance was used shortly before the arrest, not necessarily at the time of arrest.
Why You Need the Best Criminal Defense Lawyer in Beverly Hills, CA
If you’re charged with being under the influence of a controlled substance, having the best criminal defense lawyer in Beverly Hills, CA, is crucial. Local expertise ensures that your attorney is familiar with the specific nuances of the local legal system and can provide the most effective defense.
Controlled Substances and Their Classifications
Controlled substances are regulated by law and include various drugs with differing potentials for abuse and medical use. These are categorized into five schedules:
- Schedule I: No accepted medical use and high potential for abuse (e.g., ecstasy, heroin).
- Schedule II: High potential for abuse but with medical applications (e.g., OxyContin, fentanyl).
- Schedule III: Less potential for abuse and used medically (e.g., Tylenol with codeine, ketamine).
- Schedule IV: Low potential for abuse, common prescription medications (e.g., Xanax, Valium).
- Schedule V: Minimal potential for abuse, used for common medical issues (e.g., Robitussin AC).
Penalties and Legal Strategies
Being under the influence of a controlled substance is typically treated as a misdemeanor. Penalties can include up to one year in county jail, but first-time offenders might qualify for diversion programs focusing on community service, rehabilitation, and counseling.
However, these charges often come with additional drug offenses, such as possession or DUI charges, which can increase the penalties. A skilled attorney from Chambers Law Firm can help navigate these complexities, aiming for the best possible outcome.
Moving Forward with Expert Legal Assistance
Understanding the various definitions and legal implications of being under the influence of a controlled substance is essential. If you’re facing such charges, consulting the best criminal defense lawyer in Beverly Hills, CA, can make a significant difference in your case. At Chambers Law Firm, we provide expert legal assistance to help you through these challenging times. Contact us at 714-760-4088 to discuss your case and explore your legal options.
