In California, it is illegal to be under the influence of a controlled substance (Penal Code section 11550). You can find yourself charged with this crime if the police believe that you have ingested a central nervous system stimulant or depressant. Such substances are typically cocaine, methamphetamine, heroin, or prescription drugs. Note that this charge does not require possession of the drugs, simply being under the influence of the drugs is enough for a misdemeanor charge.

The police will often employ a drug recognition expert or "DRE" in order to make a preliminary determination as to whether there is probable cause to arrest someone for being under the influence of a controlled substance. This particular officer is specially trained in evaluating the objective symptoms of an individual in order to make a determination as to whether they are under the influence. This officer will evaluate the person's pupils, check for the presence of vertical or horizontal gaze nystagmus, check the individuals pulse rate, make observations as to whether the individual is sweating or unusually warm, grinding one's teeth, experiencing slurred or hyper speech, etc., along with other symptoms or "tells" that alert the officer to the fact that someone is under the influence of a controlled substance. If the officer believes that someone is under the influence of a controlled substance, and reasonably and objectively believes that there is probable cause for an arrest, that officer will book the individual and force a blood draw. Once blood is drawn from the individual, it is sent to the crime lab for analysis. The crime lab will test it for known controlled substances and the metabolites of those substances.

Because the first part of the analysis involves the officer's training and experience, as well as a subjective determination as to whether someone is under the influence, and the second part of the analysis involves scientific evidence, it is important for one who was accused of being under the influence of a controlled substance to hire a qualified and competent attorney to fight the case. In these cases, a defendant is in dire need of an attorney with a drug-specific background and skill set, qualified to challenge the government's evidence from the point of arrest to the stationhouse, from the crime lab to court. Mr. Bruno has extensive experience in litigating and winning cases involving clients accused of being under the influence of a controlled substance. You do not have to plead guilty or to accept a court diversion program automatically. Do not simply accept the stigma that accompanies a drug charge. Speak first with a qualified and competent attorney such as Mr. Bruno who will explain your legal rights and his case strategy in order to help you beat the case.

If you are accused of being under the influence of a controlled substance, contact the Orange County, Los Angeles and San Diego criminal defense firm of The Law Offices of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

Orange County Criminal Law Attorney Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.