Driving under the influence and drunk with a gun is a serious offense in colorado

Gun ownership is a serious responsibility, and it is not unheard of for gun owners to keep their firearms in their vehicle when they travel outside of the home.  Unfortunately, this also includes when gun owners go to bars, dinner, or other activities.  Driving under the influence and possession of a firearm while drunk are two separate offenses.  A DUI with a gun will always be considered aggravated in most DUI Defense cases.  It is always important to speak with a DUI Defense attorney when dealing with a DUI Defense and drunk with a gun charge. 

What is Driving Under the Influence in Colorado?

Driving under the influence is the operation of a motor vehicle while your ability to drive is substantial impaired by drugs, alcohol, or a combination of drugs and alcohol. Operating a motor vehicle includes actually driving or being in actual physical control of the vehicle. Colorado law will presume you are substantially impaired if your blood alcohol content is greater than .08. Driving under the influence is an unclassified misdemeanor, and it is defined at C.R.S. 42-4-1301.

What is Drunk with a Gun in Colorado?

You are permitted to own firearms in the State of Colorado.   However, you are not permitted to be in possession of a firearm if you are under the influence of alcohol, drugs, or a combination of the both.  The law is not attached to DUI, and the prohibited use of a firearm statute does not an associated BAC.  Logically you would believe a BAC  that would result in a DUI would be sufficient to result in a prohibited use of a fire arm charge.  For more information, please see C.R.S. 18-12-106.

What is the punishment for DUI With a GUN?

There is no mandatory minimum punishment for DUI based solely on the possession of gun.  The maximum jail time that can be imposed for a DUI is one year.  A first dui does not carry a mandatory minimum jail sentence.  A second dui defense carries a a mandatory two years in jail.  A third dui in cocarries a mandatory minimum 60 jail sentence.  A fourth is a felony.  Mandatory minimum means just that though, it is a mandatory minimum.  A court can and will go above the mandatory minimum based on the facts of a case. The possession of a firearm is always an aggravator that can result in greater than the mandatory minimum jail sentence. 

Speak with a DUI Defense Attorney Today

No two DUI cases are the same, and each case and each defendant requires a DUI attorney to tailor a defense to their case and goals. If you are charged with a DUI or DWAI offense is Aurora or the Denver Metro Area, request a consultation today. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with a DUI Defense attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.

Mr. Lawrence will provide a case evaluation free to you and without any obligation. We adapt to your financial circumstances, meeting your budget without compromising your legal defense. If you are charged with a second DUI, you need a strong defense. Request a consultation today.