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Under the Influence

  • Health and Safety Code section HS 11550

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Under the Influence

What is Under the Influence?

The meaning of being under the influence of controlled substances is pretty much self-explanatory, but it is important to note that marijuana is not covered under this statute. Drugs that are covered are substances such as hallucinogens, depressants, opiates, stimulants and even some prescription drugs. There are a few specific things, however, that the prosecution must prove before a conviction can take place.

Prosecutors must prove that a person was either under the influence of narcotics or currently using them. When considered under these statutes, ‘currently’ means immediate use prior to being arrested. Unfortunately for some, this determination can be unclear—in fact, proof of use within five days prior to arrest may constitute sufficient evidence.

When it comes to being under the influence of drugs, prosecutors must only prove that a person was affected by a drug in any type of detectable manner. This means that a person can be prosecuted for the crime even if they were not grossly impaired or engaged in any type of misconduct.s.