The District Attorney will file misdemeanor charges against a person for being under the influence of a controlled substance if he used a controlled substance, such as methamphetamine, heroin, ecstasy, or cocaine, and at the time of his arrest his body was being affected by that substance (Health & Safety Code Section 11550(a)).

If convicted of this misdemeanor offense, California law requires a mandatory minimum jail sentence of 90 days on a first violation. However, you may be eligible for a drug diversion and treatment program. If so, you may be able to avoid custody altogether, and even be able to keep a conviction off of your record if you complete such a program successfully.

Contact Kevin A. Hogle, Esq., to discuss your particular case. Kevin Hogle has years of experience handling "under the influence" cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.