The penalties surrounding a DUI will vary, depending on the circumstances. Repeat offenders will see increasingly severe charges. Harm to others or their property while driving intoxicated could be a felony charge. A mitigating issue for those with a previous felony DUI is gun possession while driving under the influence, whether loaded or unloaded, in the back or on your person, legally registered or not.
A legally intoxicated individual possessing a gun is a serious charge, although it may not be a felony. If there is a DUI conviction, the charges could also include the prohibited use of weapons. This is a weapons violation that is a class 5 felony. The penalties could involve one to three years in jail, up to $100,000 in fines, probation, and other consequences.
There are three strategies for challenging the charges
The circumstances of each stop are different, but some common arguments may include:
- The defendant did not know that the gun was in the vehicle.
- The officer made a mistake, so it was an illegal search and seizure.
- The firearm had a lock on it.
These are serious charges
Gun owners charged with a DUI should discuss the matter with an experienced criminal law attorney as soon as possible. These severe charges could impact the client in other ways as they move forward in life.