Having a gun in your car can make a DUI a whole lot worse
Driving under the influence (DUI) is a serious crime, and authorities take it just as seriously. Even a first-time offender can end up with jail time, legal fees totaling over $10,000, and a nasty mark on their criminal record.
Add a firearm to the mix, though, and things get much, much worse. On top of the drunk driving or driving under the influence of drugs charges, you could end up with weighty weapons charges, even if your gun is registered and you are a licensed CCW holder.
A DUI is bad. But one with a gun in the car can land you in a lot more trouble with the cops
The consequences for a DUI are pretty hefty. In California, for instance, first-time offenders can expect up to six months in prison and fines up to $1,000, depending on the circumstances. Repeat offenders can expect things to be even worse.
But, and it’s a big “but,” adding a loaded firearm to the mix can add severe charges. And those follow-on charges can add subsequent punishments to a comparably straightforward drunk driving case. Depending on the state and the specifics of the case, a driving under the influence case involving a gun can change the very definition of legal gun carry.
According to the Law Office of Matthew A. Martin, violators in Colorado may face a separate, Class 2 misdemeanor charge. That’s just for having a gun on their person while inebriated. Make no mention of the drunk driving element.
“The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance,” so says the revised Colorado Statute 18-12-106.
Even if the gun is registered and you have a CCW permit
So, what if the gun is registered? In some states, your firearms must be registered to be legal in the state, like Hawaii. But even if you have a concealed carry weapons permit, you can’t be drunk with a gun.
For good reason, too. Driving or not, intoxication and firearms don’t mix. Especially when it comes to carrying out in public. It’s precisely the reason Texas, historically a gun-friendly state, restricts gun owners from carrying in “51% establishments” where the bulk of revenue is alcohol sales-based.
