Under the Influence of a Controlled Substance (HS 11550)

Health and Safety Code 11550 makes it an offence to use, or be under the influence of, specified controlled substances. It is not a possession charge and it is not a DUI — it is about the person’s condition. It is a misdemeanour, and the bail picture is usually simpler than families fear.

Why it is usually a hold, not a bond

A misdemeanour normally defaults to release on a notice to appear under Penal Code 853.6. But the first listed exception is intoxication to the point of danger to self or others — which an 11550 arrest often is. So people are commonly held until sober and then released, often without any bail being posted. Ask the facility whether a bail amount has even been set before paying anyone. See cite and release.

How it relates to the neighbouring charges

When it does become a bail question

• An outstanding warrant found during booking — by far the most common reason. See how to check for a warrant.
• A probation or parole hold, particularly where drug terms were a condition of supervision — see probation violation.
• Additional charges from the same stop, such as possession for sale or a weapons allegation.

Diversion

California has diversion and treatment-based options for certain drug offences, including under Penal Code 1000. Whether any applies is a question for a criminal defence lawyer, not for the bail counter — but it is worth asking early.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, our Orange County and Los Angeles County jail guides, and find an inmate. Neither county’s Superior Court publishes a city-by-city criminal assignment table, so the release paperwork governs the court date — see release paperwork.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, and bail schedules are revised annually. California bail license 1841014.