Is a defendant under the influence of methamphetamine?

On March 12, 2012, a deputy stopped when he noticed that defendant and others were standing next to a disabled, but running motorcycle at an intersection. No one had a helmet, and one of the individuals told the deputy that he may have an outstanding warrant. A records check revealed that the man had a felony warrant; he was arrested. When the officer spoke with defendant about his friend's warrant, the officer noticed that defendant had symptoms of being under the influence of a stimulant. Based on his symptoms, the officer arrested defendant for being under the influence of a controlled substance. A search incident to arrest yielded a clear plastic bag containing .2 grams of methamphetamine, along with a used hypodermic needle. After defendant was given his rights under Miranda v. Arizona (1966) 384 U.S. 436, he admitted using methamphetamine by injection.

B. Counts 3 and 4