If you were stopped, arrested, and charged with a DUI in the state of Colorado, you are already facing a stressful experience and may remain unsure of your next steps. However, if you received a DUI charge along with a charge of possessing a gun while intoxicated, you may feel overwhelmed. DUI charges bring with them serious consequences in Colorado. A DUI along with possession of a weapon while intoxicated can include penalties of significant jail time and fines. Contact an experienced criminal defense attorney as soon as possible at The Moorhead Law Group.
The statutory charge for a driver who operates a motor vehicle under the influence of alcohol is technically “prohibited use of weapons” and charged under CRS 18-12-106. The charge of prohibited use of weapons in the state of Colorado is a Class 2 misdemeanor that carries with it up to one year in jail and a fine up to $1,000. It is important to note that whether or not the weapon was loaded or unloaded does not make any difference for this particular charge. However, if the gun was loaded and the gun was located in close proximity to the driver charged with a DUI, it can easily be taken into consideration by a prosecutor regarding assessments of aggravation and mitigation levels. Additionally, the strength of a prosecutor’s case increases considerably if the gun was loaded and near the intoxicated driver at the time of the police stop.
Visiting with an experienced defense attorney can help you better understand how you may have the legal right to a strong defense when charged with possession of a firearm in Colorado. In the court case, People v. Garcia, 595 P.2d 228 (1979), a person must be in actual or physical control of a firearm to receive a conviction of this charge. If your firearm was in the bed of your truck, in the backseat of your vehicle, in a glovebox or another location not directly within easy reach, you may have a strong defense against this charge.
If you are facing both a criminal DUI charge as well as a criminal charge of possession of a firearm, you likely feel overwhelmed regarding your next legal steps. Remember that you always have the right to remain silent until you visit with your legal representative regarding your charges. Things you say to police officers can be used against you, and therefore, it is imperative that you seek a strong defense counsel as soon as possible. Consider meeting with our experienced criminal defense attorneys at The Moorhead Law Group at 303-447-1400 or online today to discuss your legal options and defense options regarding both your DUI charges as well as your charges regarding possession of a firearm.