If you were recently charged with driving under the influence and the prohibited use of a firearm, you could be facing significant penalties. However, you may wonder why the second charge occurred if the gun was just sitting in your vehicle and you have a valid concealed carry permit.
Understanding Colorado’s DUI and firearm laws can help you make sense of your charges. Don’t hesitate to contact a DUI defense lawyer for assistance as well.
Understanding DUI Criminal Charges With a Firearm in the Car
Colorado’s DUI laws prohibit the operation of a motor vehicle while under the influence of drugs or alcohol. The law considers a blood alcohol concentration of .08 or greater as being under the influence and impairing a person’s ability to safely operate their vehicle.
If you were charged with a DUI and had a firearm in the vehicle, you may face additional charges or penalties. This is colloquially known as “drunk with a gun,” which is a prohibited use of a firearm.
While Colorado allows individuals to carry firearms with the proper permits, it prohibits the unsafe use of firearms. For example, a person cannot aim a gun at someone unlawfully, even with a concealed carry permit. If a person is drunk with a firearm, they can face similar charges. The possession of a firearm in Colorado while under the influence of alcohol or drugs is illegal. It doesn’t matter where it is located in the vehicle or whether it is loaded. It just has to be considered your possession to constitute a violation.
If gun possession has escalated the legal complexity of your drunk driving case, you could face multiple criminal charges. Consult an experienced attorney to understand your rights and responsibilities.
Potential Penalties for Drunk Driving With Firearm Possession
Being “drunk with a gun” is generally considered a prohibited use of a weapon. Penalties may include revocation of your permit to carry or denial of a concealed permit to carry. This charge is considered a class 1 misdemeanor and can lead to a jail sentence of up to one year and fines of up to $1,000.
A defendant facing a DUI might encounter varying penalties depending on factors such as their level of impairment, whether they caused any damage or injuries, and other circumstances. Even if you were not charged with an additional weapons violation, having a gun with you could be a factor that is considered in sentencing for your DUI charges. A first-time DUI carries a minimum five-day jail sentence in Colorado, but the sentence can be waived or converted to in-home detention. Penalties can also include probation and license suspensions.
Your attorney can help you understand Colorado’s DUI and firearm laws and how they apply to your case. They can build a defense to attempt to reduce your charges or potential penalties.
Further Complications If Someone Was Hurt
If you were driving under the influence and caused a personal injury, you could face additional consequences. The same may be true if you fired your gun and injured someone. With the appropriate legal counsel, you will have a better understanding of the options available to you and possible outcomes.
Seek Legal Assistance With Colorado Alcohol and Gun Laws
If you are facing charges involving a DUI and firearm possession, working with an experienced attorney is critical. Contact Churchill DUI Defense today at (303) 832-9000 for a free consultation.