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Criminal Law

: California Criminal Defense Blog

Understanding the Difference Between Being Under the Influence of Heroin and Driving Under the Influence of Heroin under California Law

By Neil Shous, Esq.

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California law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California?s law against being under the influence of heroin and driving under the influence of heroin. According to California law, you are under the influence of heroin when your physical and/or mental abilities are impaired in "any detectable manner". It isn?t necessary that you misbehave or engage in any other criminal activity. Simply being under the influence of heroin is a crime in and of itself. You violate California?s law against driving under the influence of heroin when you drive a car after using heroin when the drug has "so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree your ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties?...continue to full post

Full post as published by California Criminal Defense Blog on January 24, 2011 (boomark / email).