Description

A person found to be under the influence of any controlled substance or narcotic drug may be charged with Under the Influence of Drugs.

What does the prosecutor have to prove?

1. Defendant willfully used a controlled substance.
2. Defendant was under the influence of the controlled substance. [Usage within 48 hours constitutes current use (People v Jones (1987) 189 Cal.App.3d 398, 405-406)]. [Cal Crim No. 2400]

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?Yes
Am I eligible for Prop. 36 drug diversion if convicted?Yes
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No