Under the Influence of a Controlled Substance


Drug DUI

Health and safety code 11550 is kind of one of the oldest and most used sections of the health and safety code and it involves just being under the influence or having used drugs and police use it in all manner of ways. They find people on the street that may be acting a little different for example people on methamphetamine. They seem a little twitchy. Maybe acting a little odd. They can put them through tests that are not dissimilar to DUI tests and make a preliminary determination of whether they think that a potential defendant may be under the influence of drugs. Now it used to be that there was a mandatory minimum of 90 days on those cases. That changed and they required drug treatment now. Often times these cases can be settled for credit for time served but the thing about 11550’s is they’re also very fertile areas for motions to suppress like all other drug cases. There might not be enough in terms of probable cause or a detention may go too long and these cases maybe should be fought as opposed to pled out and I like to fight these cases.

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