DUI of Heroin vs Being Under The Influence of Heroin

California heroin 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.

1. How does California law define “under the influence of heroin”?

According to California law, Health and Safety Code 11550, you are under the influence of heroin when your physical and/or mental abilities are impaired in “any detectable manner.” ¹

It isn’t necessary that you misbehave or engage in other criminal activity. Simply being under the influence of heroin is a crime in and of itself.

2. What about “driving under the influence of heroin”?

Per California Vehicle Code 23152f VC, people violate California’s law against driving under the influence of heroin when they:

1. drive a car after using heroin,  and
2. can no longer operate the vehicle like that of an ordinarily prudent and cautious person in full possession of his faculties.²

This means that driving under the influence requires a higher level of intoxication than being under the influence.

So even if you are caught driving when the officer suspects you are under the influence of heroin, the prosecutor could opt to charge you with being under the influence since that is an easier charge to prove.

Note that a charge of being under the influence of heroin also potentially allows you the opportunity to participate in a California drug diversion program, whereas a driving under the influence charge does not. (Also, see our article about the difference between marijuana possession, DUI of marijuana, and driving while in possession of marijuana in California law.)

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