Under the Influence of a Controlled Substance: Charges, Penalties & Bail Options

Being charged with being under the influence of a controlled substance is a serious criminal offense that can lead to arrest, fines, probation, and jail time. Unlike DUI charges involving alcohol, this offense applies when a person is found to be impaired by illegal drugs or certain prescription medications without a valid prescription.

Understanding how this charge works and how bail can help secure release is critical for anyone facing this situation.

What Does “Under the Influence of a Controlled Substance” Mean?

A person may be charged if law enforcement determines they are physically or mentally impaired due to drug use, making them unable to safely care for themselves or others.

This charge applies to substances such as:

• Cocaine
• Heroin
• Methamphetamine
• Fentanyl
• Illegal opioids
• Certain prescription medications without authorization

In California, this offense is commonly charged under Health and Safety Code §11550.

How Law Enforcement Determines Impairment

Officers evaluate several factors when determining whether someone is under the influence of drugs, including:

• Physical symptoms (unsteady movement, slurred speech, erratic behavior)
• Field sobriety tests
• Observations by trained Drug Recognition Experts (DRE)
• Blood or toxicology tests
• Possession of drugs or drug paraphernalia

Unlike alcohol-related offenses, there is no universal “legal limit” for drugs—impairment is based on observed effects.

Penalties for Being Under the Influence of a Controlled Substance

This offense is typically charged as a misdemeanor, but penalties can still be serious.

Possible consequences include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation
• Mandatory drug counseling or treatment programs
• A permanent criminal record

Repeat offenses or related charges can result in more severe penalties.

Bail for Controlled Substance Impairment Charges

Bail amounts vary depending on the circumstances and criminal history.

Typical bail ranges include:

• First offense: $2,500–$5,000
• Repeat offenses: $5,000–$10,000
• Combined charges (possession, DUI, or probation violations): Higher bail amounts may apply

Posting bail allows the defendant to be released while awaiting court proceedings.

How a Bail Bond Can Help

Paying full bail upfront isn’t always possible. A bail bond offers a faster, more affordable option.

A licensed bail bond agent can:

• Post the full bail amount on behalf of the defendant
• Charge a non-refundable fee, typically 10% of bail
• Handle all paperwork and jail coordination
• Help secure release quickly—often within hours

This allows the defendant to return home while preparing their legal defense.

Related Charges That May Apply

In some cases, additional charges may accompany this offense, including:

• Drug possession
• Possession of drug paraphernalia
• DUI of drugs (DUID)
• Probation violations

These additional charges can increase penalties and bail amounts.

Facing a Controlled Substance Charge?

An arrest for being under the influence of a controlled substance can be stressful and confusing. Acting quickly to secure release can make a major difference in protecting your job, family, and legal rights.

Our experienced bail agents are available 24/7 to help post bail quickly and guide you through every step of the process.

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