Nitrous oxide is a substance you may know as “laughing gas.” It is used by medical professionals and dentists in some cases. However, it may also be used inappropriately. Individuals who use it inappropriately can face charges under Penal Code 381b.
Review charges and possible defenses for being under the influence of nitrous oxide with the Simmrin Law Group. Just call us at (310) 896-2723 to get additional information.
Basic Information About Nitrous Oxide in California
Nitrous oxide is often used by medical professionals and those in the dental field. The drug has a number of legitimate uses in California. However, it is not always used in a professional setting.
Nitrous oxide alters the mood of those who take it. It can cause people to feel euphoric. For this reason, some people use it to “get high.” It is against the law to possess and use nitrous oxide to alter one’s mental state for recreational purposes. Note that nitrous oxide may cause:
- Elation and euphoria
- Intoxication
- Dizziness
- Dulled senses
- Stupefaction
It may also impact an individual’s audio and visual processes.
Defining PC 381bb Charges in California
PC 381b is used specifically to prosecute individuals who are under the influence of nitrous oxide. This charge applies only if someone knowingly consumed or used nitrous oxide. Accidental usage of nitrous oxide should not result in PC 381b charges. Additionally, this charge does not apply if someone used nitrous oxide as part of a medical or dental procedure.
Note that individuals can also face charges for possession of nitrous oxide. This charge is handled under Penal Code 381. Individuals are allowed to possess nitrous oxide for medical or dental usage. They are not legally allowed to possess this substance if they intend to “get high” by breathing it in or ingesting it.
A criminal defense lawyer in Los Angeles may further review illegal uses of nitrous oxide. Get more information about this charge by calling us at (310) 896-2723. We are prepared to offer you answers to your legal questions.
Results of a Conviction for PC 381b Charges
The possession of nitrous oxide and being under the influence of nitrous oxide are both drug crimes in California. Individuals can face misdemeanor charges for a PC 381b accusation. A conviction under PC 381b may result in:
- Fines of up to $1,000
- Jail time of up to six months
In some cases, a lawyer can work to get you probation instead of jail time. While on probation, you are allowed to be out of jail. However, you have to adhere to certain guidelines handed down by the court system. Individuals who don’t follow these rules can violate their probation.
A probation violation may result in additional criminal charges. The court can revoke an individual’s probation and send them back to jail. In other cases, the court may simply lengthen the amount of time an individual must spend on probation.
Legal Defenses for Possessing or Using Nitrous Oxide
PC 381b charges do not automatically have to result in a conviction. You can work with a drug crimes lawyer in Los Angeles to handle these accusations. A lawyer can show that you:
Didn’t Intend to Use the Nitrous Oxide to “Get High”
Nitrous oxide has many legitimate uses. Perhaps you had nitrous oxide in your possession for a legal reason. You may have also acquired it to hold onto it for someone else. If you did not plan to use it, you may avoid a PC 381b conviction.
Were Not Under the Influence of Nitrous Oxide
It is against the law to use nitrous oxide to alter your mental state. However, you may have been falsely accused of using nitrous oxide in this way. Perhaps you were merely tired or ill, and a police officer believed you’d misused nitrous oxide. Speak to a lawyer in this situation so they can work on your defense.
Work with a Lawyer to Fight Your Penal Code 381b Charges
You may face charges for possession of nitrous oxide. Being under the influence of nitrous oxide is also against the law in California. The court uses Penal Code 381b to prosecute these acts. Work to build a defense to a PC 381b accusation with the Simmrin Law Group. Reach out to our criminal defense lawyers in Los Angeles now. We’ll review your situation with a free consultation.
Find out more by calling (310) 896-2723. You can also complete our online contact form.