The Legal Consequences Of Substance Abuse

In addition to the serious medical and psychological consequences that substance abuse causes, it can also damage your future.

Substance abuse related charges may negatively affect your relationships, the ability to find or sustain employment, the ability to apply for government programs, and other parts of your life.

These charges may also include serious jail time and fines.

Criminal Charges Related To Drug And Alcohol Abuse

There are a variety of drug and alcohol abuse-related charges, including possession, drug trafficking, DUI, and DWI.

Drug addiction may also lead someone to commit burglaries, probation violations, fraud, and other criminal-related activities in an effort to feed their compulsion to use.

Driving Under The Influence (DUI)/ Driving While Intoxicated (DWI)

Driving under the influence (DUI) or driving while intoxicated (DWI) are criminal offenses in all states.

These offenses include dangerous driving under the impairment of alcohol, drugs, or another controlled substance. Some states charge for both offenses, and others only charge for one of these offenses.

In states that charge for both offenses, DUI charges usually refer to driving under the impairment of alcohol. In contrast, DWI charges refer to driving under the impairment of illicit or prescribed drugs.

Sentences for these charges vary by state, severity of the charge, and other factors.

Possession Charges

Simple drug possession is a criminal offense under federal law and in many states.

Possession occurs when someone has on their person or available for their use a small amount of an illegal substance for the purpose of consuming it but without the intent to sell to anyone else.

Possession charges vary from state to state and by the substance in terms of what amount of the drug is considered possession. The punishments for possession also vary by state.

At the federal level, simple drug possession is a misdemeanor that comes with a term of imprisonment of a year or less, a fine at a minimum of $1,000, or both.

Possession With Intention To Distribute Charges

A possession with the intent to distribute charge occurs when someone is accused of possessing a substance with the intent to distribute it to someone else.

This is against federal and many state laws. The limit of drugs in someone’s possession necessary to be charged with this offense varies by state and substance.

The penalty for possession with intent to distribute varies based on several factors, including:

• the amount of the drug possessed
• the nature of the substance
• the evidence supporting the intent to distribute
• possession of firearms with drugs

These are just some of the common factors that influence the penalty for possession with intent to distribute.

Drug Trafficking Charges

Drug trafficking is the trade of illicit drugs involving growing, manufacturing, distributing, and selling substances.

The amount in possession to necessitate a drug trafficking charge varies at the state and federal levels and by the nature of the substance.

In general, a first-time offense typically includes a lesser penalty while a second drug trafficking offense comes with a more serious penalty of imprisonment or fines.

In 2022, the average sentence for drug trafficking was 78 months but varied by substance type.

Possible Consequences Of A Drug Or Alcohol Charge

There are several possible consequences of drug and alcohol charges, including serious jail time, hefty fines, and restrictions.

Mandatory Treatment Programs

In some cases, a judge may mandate participation in a rehabilitation treatment program. This penalty may be imposed instead of jail time or may be a condition of probation or release.

Court-mandated treatment strives to improve the quality of life for someone living with
substance use while reducing criminal acts in the community.

To be eligible for mandated programs, most counties take into consideration:

• the individual’s criminal history
• the circumstances involved in the offense
• the current charges
• a willingness to want to change behaviors

Violation of court-mandated substance abuse treatment can lead to serious consequences.

Failing drug tests, being late to appointments, using substances, and leaving treatment may be punishable by law.

Fines

The fines charged for drug possession vary based on the type of substance, the schedule of the drug under the Controlled Substances Act, if it is a federal or state charge and other factors.

Federal fines for drug possession can be anywhere from $200,000 to several million.

Fines at a state level may depend on if the offense is a misdemeanor or felony, as well as how many previous offenses the individual has been charged with.

Reduced Rights

When you have been convicted of a drug charge, it can create a number of issues with civic rights, education, and other benefits.

A drug conviction may make you ineligible for federal loans, impact your right to vote or serve on a jury, and prevent you from being eligible for assistance-based public housing.

Barriers To Employment

Formerly incarcerated individuals often have to disclose their status on job applications, which can make
it difficult to secure a job.

While employers can’t treat those with criminal records differently on the basis of race or sex, there is nothing to stop employers from choosing not to hire individuals with a criminal record.

Even if you have been arrested and never charged, you automatically have a criminal record that shows up on a background check.

This is true for both minor crimes and serious offenses. Formerly incarcerated individuals experience much higher rates of unemployment than the general public.

Loss Of Child Custody

The National Center on Substance Abuse and Child Welfare states that one in eight children live with at least one parent who has a substance use disorder.

Parents can lose custody of their children when drug addiction impacts the ability of the parent to provide shelter, food, and safety to a child.

During a custody case, the court places a child in an arrangement that is in the child’s best interest, the definition of which varies from state to state.

While each case is different, parents in recovery who want to retain custody may need to show the court they have completed a treatment program, provide evidence of successful recovery, and prove that they can remain abstinent from substance use.

Travel Restrictions And Immigration Complications

Drug offenses can cause very serious immigration consequences, even if the offense is relatively minor.

Drug convictions may result in making someone deportable, inadmissible, and barred from eligibility for federal relief.

Considering travel, the United States doesn’t deny entry to anyone with a DUI conviction to enter the country. However, if you have multiple misdemeanor convictions, you could be denied entry.

Any convictions for drug possession can result in denial of entry, especially if they are recent. Even if the conviction is from a while ago, you may have to contact the United States Embassy to get a waiver for entry.

Imprisonment

Illegal drug use and possession can lead to various terms of imprisonment, whether at the state or federal level.

As of 2004, the average prison sentence of an individual convicted of drug trafficking was five years.

The length of incarceration depends on the severity of the drug charge, the jurisdiction where the crime occurred, and other factors.

Handling The Legal Consequences Of Substance Abuse

There are a variety of ways available to handle the legal consequences of illegal drug use including record sealing or expungement and rehabilitation treatment.

Juvenile Records

As you move forward with your life after being involved in the juvenile system, your record may affect your future.

Depending on your charges, you may have trouble enrolling back into school, have a suspended driver’s license, or experience other issues.

Juvenile records don’t disappear when an adolescent becomes a legal adult.

Felony juvenile records may show up on a background check unless they are sealed or expunged, which may negatively affect job opportunities and other aspects of your life.

Expungement And Record-Sealing

Sealing a record means that the record exists but is hidden from public view and can be viewed under limited circumstances, often by courts or law enforcement.

Expunging a record means that you destroy all physical and electronic versions of the record as if it never existed.

Depending on the state and the crime, juvenile records may be able to be sealed or expunged. To seal or expunge your criminal record, you often have to request it.

In different states, you need to meet various requirements to seal or expunge your records.

These requirements may include a waiting period, paying court fees, and attending a hearing where the judge makes the final decision about whether to seal or expunge your records.

Rehabilitation-Focused Approaches

Treating those with drug-related charges provides a unique opportunity to decrease substance abuse and associated criminal behavior, which may prevent future legal problems as a result.

Integrating rehabilitation-focused approaches into the criminal justice system would provide treatment to those who may not receive it, which may result in decreased rates of reincarceration.

Research over the past two decades has shown the beneficial effects of rehabilitation-focused treatment for those with substance use issues.

Rehabilitation-focused approaches may include therapeutic alternatives to incarceration; treatment merged with the oversight of drug courts, and reentry programs for transitioning from incarceration back into the community.

Learn About Addiction Treatment Options In Massachusetts

If you or a family member are seeking addiction treatment options in Massachusetts, we can help.

Contact Bedrock Recovery Center to learn more about the treatment services offered at our accredited treatment center.