The consequences of drug abuse extend beyond immediate and long-term health issues. It can affect one’s relationships and career as well as get you entangled in various legal battles. In the United States alone, around 1.16 million individuals are arrested for drug-related offenses every year. This includes arrests ranging from drug possession to drug-fuelled financial and violent crimes.
Common Drug-Related Legal Issues
Substance misuse could ultimately spiral into dependence and even substance use disorders. When this happens, a person’s mental health and decision-making abilities become impaired. This often leads to impulsive behaviors that leave them entangled in various legal problems including the following:
- Possession and Trafficking
Even without any intent to distribute, the simple possession of illegal or controlled substances can result in fines and even jail time. Trafficking and distribution, on the other hand, can result in more severe criminal charges.
- DUI or DWI
Driving Under the Influence or Driving While Intoxicated charges are serious offenses since they pose a significant risk to public safety. Aside from fines and license suspension, DUI or DWI charges can lead to mandatory treatment programs and even imprisonment.
- Assault and Domestic Violence
Intoxication often brings out a person’s aggressive or violent tendencies. This can contribute to assault or battery charges as well as domestic violence incidents.
- Money-related Crimes
People who misuse drugs often resort to committing crimes just to obtain money to support their substance use. Such crimes include everything from petty theft and robbery to more large-scale fraud and embezzlement.
What are the Legal Consequences of Drug Use?
As previously mentioned, drug use often causes impaired judgment which can, in turn, result in different legal issues and criminal charges. The penalties for such drug-related charges depend on several factors such as:
- Substance Type. The Drug Enforcement Agency (DEA) categorizes legal and illicit substances into ‘schedules’ based on their perceived risks and health benefits. This system greatly affects drug-related penalties on the federal level.
- Substance Amount. Essentially, the higher the amount of illicit or controlled substance involved, the heavier the penalties. States have guidelines that regulate what amount of which substance amounts to a misdemeanor or felony.
- Intent. Intent to distribute or sell a controlled substance constitutes a felony. Intent, in this context, is based on factors like the amount of substance, paraphernalia, and cash found on one’s person during arrest.
- Criminal History. The legal system tends to impose a harsher penalty for repeat offenders. The same is true for those who have a history of committing violent crimes, especially when intoxicated.
Fines and Arrests
U.S. courts charge steep fines for drug-related arrests. At the federal level, the fine for simple possession of an illicit substance starts at $1000. For more severe charges involving more dangerous substances, fines could be as much as $20 million (individual) to $75 million (if not an individual).
Jail Time and Conviction
Drug-related charges can fall under a misdemeanor or a felony based on several factors including substance type and amount. At the federal level, cases involving more dangerous substances result in incarceration for several years to lifetime imprisonment. Aside from fines and imprisonment, convictions may also involve community service, probation, house arrest, and/or mandatory drug rehab or treatment.
Other Repercussions of Drug Use
Aside from the more obvious legal consequences like fines and incarceration, drug use can also impact the following:
- Criminal Record. Drug-related convictions can leave a permanent mark on your criminal record which can affect one’s ability to take out student loans, register to vote and more.
- Family Dynamics. Drug use can be counted against you in terms of family law issues such as child custody and visitation. There’s also the possibility of your children being taken from your custody due to drug impairment.
- Employment. Drug use can greatly impact your work performance and productivity. Moreover, drug-related convictions go into your criminal record which can affect your ability to obtain or maintain employment.
Can Treatment Impact the Legal Ramifications of Drug Misuse?
Seeking treatment is a crucial step for long-term recovery. In addition, it can help mitigate the legal consequences of drug use. Treatment can also intersect with drug-related convictions in various ways.
Sentencing
Judges may be more lenient when they see a sincere attempt on your part to overcome drug dependence. This is especially the case for first-time and non-violent offenders.
Legal Requirement
In some instances, the court may legally require treatment and rehabilitation instead of jail time. In such cases, failure to attend treatment or testing positive for drugs during your sentence can result in more severe penalties.
Support Network
Attending a treatment program can help you build an invaluable support network. You can connect with counselors, therapists, and various support groups that can document and attest to your recovery progress. This can prove beneficial during legal proceedings.
FAQ
Is DUI a felony or misdemeanor?
In most states, a first-time DUI conviction is a misdemeanor. It can result in license suspension, hefty fines, and even jail time. Repeated DUI offenses and DUI incidents where someone is injured or killed are charged as felonies in most states.
Am I legally required to go to rehab after a drug conviction?
No, attending rehab is not legally required after a drug conviction unless the judge orders it. There are cases, however, where the court might sentence you to a treatment facility or drug rehab program in lieu of incarceration.
What is the mandatory minimum sentence for drug-related convictions?
It depends on several factors like type and amount of substance and a person’s criminal history. Mandatory minimum sentences for lighter offenses can range from fifteen days to a year. For more serious offenses, it can range from 10 years to life imprisonment.
Mitigate Consequences of Drug Use with Positive Sobriety Institute
Legal help is of course foremost in dealing with legal issues due to drug misuse. While you are likely to face punitive measures, seeking treatment and rehabilitation can help mitigate the legal consequences.
Positive Sobriety Institute will work with you in facing the challenges of recovering from drug use and various substance use-related issues. We can create individualized treatment plans and develop effective after-care plans to better ensure lasting sobriety. Let us provide you with the support you need in dealing with the consequences of drug misuse. Visit our Chicago treatment center or request a FREE consultation today!
