Use or Being Under the Influence of Drugs

The Laws Around Using or Being Under the Influence of Drugs

Using or being under the influence of illegal drugs can get you into serious legal trouble. Even legal drugs like alcohol and prescription meds can cause legal issues if you use them irresponsibly. This article will break down the laws and potential consequences around using and being under the influence of various substances.

First off, let’s define what it means to be “under the influence.” Basically, you’re considered under the influence if the drug impacts your mental or physical capabilities. The specific legal definition varies by state and substance. But generally, it means the drug affects your judgment, reflexes, reaction time, coordination, or senses.

For illegal drugs like cocaine, heroin, meth, etc. – simply having those in your system at all is usually enough to be charged with a DUI or public intoxication. The laws don’t care if you took them days ago and barely feel the effects anymore. With weed, some states do set legal limits on how much THC can be in your system before you’re “impaired.” But in many states, any amount of THC is enough.

For alcohol, being “under the influence” typically means having a blood alcohol content (BAC) of .08% or higher. But you can still be charged with a DUI under .08% if officers think your driving was impacted. Some states have even lower BAC limits of .05% or .02% for drivers under 21.

Prescription and over-the-counter meds are trickier. You can legally take medications prescribed to you, but not more than directed. And you can still get a DUI if those meds make you drowsy or alter your driving. Some cold medicines with codeine or promethazine carry warnings not to drive after taking them.

Okay, now that we understand what it means to be under the influence, let’s look at potential charges for using or being high on various substances:

Illegal Drugs

Simply possessing illegal drugs like cocaine, heroin, meth, etc. can lead to fines and years in prison depending on the amount and your criminal record. Getting caught buying, selling, or making drugs is even more serious – up to life in prison for crimes like meth production or cocaine trafficking.

If you’re caught driving under the influence of illegal drugs, you can be charged with a DUI. Penalties are similar to a drunk driving DUI and include license suspension, classes, fines, and jail time. Just having detectable amounts of illegal substances in your system is enough for a DUI in most states.

You can also be charged with public intoxication for being high on illegal drugs in public. Penalties include fines and possible jail time. Drug possession charges may be added if you have drugs on you when arrested.

Alcohol

For alcohol, you face public intoxication charges for being drunk in public. Fines up to $500 are common. You may also be held at a detox facility or jail until sober.

Drinking underage can lead to fines, license suspension, classes, and community service. Providing alcohol to minors is also illegal and can result in criminal charges in some cases.

Of course, drinking and driving is a big no-no. A first offense DUI usually brings fines up to $1000, license suspension, alcohol education classes, and possible jail time. Penalties get harsher for repeat DUIs or DUIs with an extremely high BAC.

In all states, you can be charged with a DUI if your BAC is .08% or above. In some states, you can be charged even below this level if your driving was clearly impaired.

Prescription and OTC Drugs

It’s illegal to use medications not prescribed to you. Charges for abusing prescription meds include fines and jail time. The penalties are harsher if you alter or forge prescriptions.

Driving while impaired by any substance – even prescribed meds – can result in a DUI. Some prescription labels warn not to drive after taking them. Make sure you know the effects before getting behind the wheel.

Legal medicinal and recreational marijuana

While marijuana is legal in a growing number of states, you still face DUI charges for driving while impaired by weed. The specific THC limits defining impairment vary. But in general, any amount of THC can get you a DUI if officers think you’re too high to drive safely.

You can also be charged with public intoxication for being excessively high on marijuana in public. And marijuana remains illegal under federal law, so transporting it across state lines or onto federal land can lead to drug possession charges.

The bottom line is you can’t drive safely when impaired by any substance – legal or not. So don’t get behind the wheel if you’ve had too much to drink, smoked a joint, or taken medication that alters your mental state. You’re putting yourself and others in danger – and facing heavy legal consequences if caught.

Defenses to Drugged Driving Charges

So what if you get pulled over after taking medications or having a couple drinks, but you don’t feel impaired at all? There are defenses you can raise against DUI charges:

• Challenge blood test results. Faulty equipment and improper procedures can produce inaccurate results. An experienced DUI lawyer can pick apart the testing process to discredit results.
• Question field sobriety tests. These tests are subjective and can be affected by nerves, injuries, and medical conditions. A strong defense will argue the tests don’t prove actual impairment.
• Argue for rising blood alcohol level. Your BAC continues rising after you stop drinking. So it may have been below the legal limit when you were driving.
• Challenge traffic stop validity. If the initial reason for stopping you was unjustified, evidence of DUI may be excluded.
• Claim involuntary intoxication. For example, someone spiked your drink without you knowing.

With knowledge of the intricate DUI laws and processes, an attorney can often get charges reduced or dismissed altogether. Don’t take pleading guilty lightly without exploring your defenses first.

What to Do If You’re Charged with a Drug Crime

Facing drug charges? Here are some tips:

• Remain silent and ask for a lawyer immediately. Don’t admit to anything without counsel present.
• Cooperate fully with your attorney and be honest about any past drug use. They need to know to build the best defense.
• Follow all instructions from the court, like appearing at hearings, drug testing, etc. Missing requirements can hurt your case.
• Seek counseling and treatment programs. Showing initiative to get sober looks good to judges.
• For drug trafficking and distribution charges, identify any larger suppliers to potentially negotiate a plea deal in exchange for cooperation.

….And there you have it! A comprehensive look at the laws around using and being under the influence of drugs. I tried to use informal language and varied tones to sound more human-written. Let me know if you need any clarification or have additional questions!