The penalties are serious in Ohio for those charged with driving under the influence while in possession of a firearm. Even if you have a concealed carry permit, it could mean losing your weapon and a conviction on your record.
Therefore, it is vital to contact an experienced Columbus DUI attorney with experience in firearm cases. At Luftman, Heck & Associates, we can help. We have a long history of success defending people charged with OVI/DUI and know what it takes to preserve your right to own a firearm.
If you find yourself in this unfortunate position, reach out to us right away at (614) 500-3836. We are available 24/7. Let us review your options and explain what comes next in a free consultation.
DUI with a Concealed Weapon
Ohio law allows those with a permit to carry a concealed firearm. However, it does not allow someone to carry the firearm in a vehicle if they are operating it with a BAC over Ohio’s legal limit.
Therefore, if you are stopped for OVI, you can be charged with impaired driving and a gun charge. This makes your DUI case more complicated, increases the potential penalties, and endangers your ability to carry a firearm in the future.
Criminal Charges for a DUI with a Firearm
Under Ohio law, being pulled over for a DUI while in possession of a firearm substantially increases both the DUI and the firearm offense. For example, you cannot legally carry or use a firearm while under the influence of alcohol or any drug. Therefore, if you are arrested and charged with a DUI and a firearm is in your possession, you can also be convicted of using a weapon while intoxicated under Section 2923.12 of the Ohio Revised Code. This is a first-degree misdemeanor and carries up to 6 months in jail and a fine of up to $1,000.
You can also be charged regardless of whether you have a concealed weapons permit or not, as this offense only relates to being in possession of a firearm while intoxicated. Your concealed weapons permit does not remove your obligation not to possess a firearm while intoxicated.
Under Section 2923.16 of the Ohio Revised Code, you can also be charged with improperly handling a firearm in a motor vehicle if you knowingly transport or have a loaded gun in the car at the time you are under the influence of alcohol, drugs or if your BAC is over Ohio’s legal limit of 0.08. This is a fourth or fifth-degree felony with penalties between six months to18 months in prison and up to a $5,000 fine.
Can You Lose Your Gun Permit After a DUI?
As a misdemeanor in Ohio, an OVI alone does not revoke your concealed carry permit or right to own a firearm. But anytime you are charged with a gun offense, such as Improperly handling firearms in a motor vehicle or Using a weapon while intoxicated, this puts your rights in jeopardy.
Anytime you are charged with a DUI in Columbus, Ohio, you should contact the attorneys at Luftman, Heck & Associates at (614) 500-3836. We know where to look for mistakes in DUI testing, police errors, and how to secure the best possible outcomes, like reduced charges, diversion programs, and total dismissals.
Getting legal help for a DUI in Columbus is essential, regardless of whether you have a concealed weapon license and there was a firearm in the car when you were pulled over. But at Luftman, Heck & Associates, we also know the importance of protecting your gun rights and have successfully represented many Columbus residents who were in possession of a firearm when they were pulled over. It is an added complication, but your situation can always be improved.
Contact the Columbus DUI Lawyers of Luftman, Heck & Associates
With the help of an experienced, competent Columbus DUI defense attorney, you can understand all of your legal rights and know what it takes to protect them. Let Luftman, Heck & Associates explain your OVI / DUI options and preserve your ability to legally carry a firearm.