DUI and Gun Possession: What You Should Know
If you are stopped for driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado and you have a firearm in your possession, it is critical to know that you can be facing additional and serious charges. To be clear, you can face additional charges when you otherwise are permitted to own and possess the gun lawfully. It is the fact that you are alleged to be intoxicated and in possession of a gun that can result in additional charges. Depending on the circumstances and your own record, you could be facing additional misdemeanor or felony charges. Our Denver DUI defense attorney can tell you more, and we can speak with you today about building a strong defense to “drunk with a gun” charges.
DWAI and DUI Charges Alone
Under CRS 42-4-1301, you can face drunk driving charges if you drive in a manner that suggests your ability is impaired or that you are intoxicated, as well as if you have a blood alcohol concentration of 0.05 but less than 0.08 percent (for a DWAI) and 0.08 percent or higher (for a DUI). If you are charged with a DWAI or DUI, the penalties you can face will depend on whether you have a previous DWAI or DUI conviction, as well as whether your BAC was 0.15 percent or higher (in which case the consequences are more severe).
Both a DWAI and DUI can initially be charged as a misdemeanor offense, but can become a felony offense with previous convictions or other relevant factors (such as a DWAI or DUI that results in bodily injury to or the death of another person).
“Drunk with a Gun” in Colorado
If you are facing DWAI or DUI charges and you were also in possession of a firearm at the time of the offense, you could be facing charges for an offense commonly described as “drunk with a gun” in Colorado.
Under CRS 18-12-106, it is unlawful for a person to have “in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance.” The statute also makes clear that possession of a permit for the firearm is “no defense to a violation of this subsection.” This offense can be charged as a misdemeanor, or as a felony if the person has a previous conviction.
Contact a Denver DUI Defense Lawyer Today for Assistance
Are you facing DWAI or DUI charges that involve possession of a firearm? If so, it is critical to know that “drunk with a gun” charges can result in significantly more serious penalties upon conviction of a DWAI or DUI offense. It is extremely important to seek legal assistance with your defense. One of the experienced Denver DUI defense attorneys at DeChant Law can discuss the details of your case with you today and can begin working with you on a defense strategy that is tailored to the facts of your arrest. Contact us to learn more about how we can assist you.
Source:
aw.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
