You risk significant criminal penalties if you get charged with OVI with a gun in the car. Being in possession of a weapon is not an aggravating factor for your drunk driving charge, but it will be charged as a separate offense.
Using or possessing a loaded weapon while under the influence of alcohol is a crime, as is incorrectly storing your weapon. If convicted of all three, you will possibly face imprisonment and crippling fines.
At Luftman, Heck & Associates, our goal is to minimize the effect of criminal charges. From the earliest stages, we will vigorously fight for your interests so that we can lead your OVI case to a positive resolution. For a free consultation with our Cincinnati criminal defense lawyers, call us today at (513) 338-1890.
Ohio Has a Zero Tolerance Policy for Possession of Firearms While Intoxicated
Ohio Revised Code section 2923.15 makes it a crime to use or to carry a firearm while under the influence of alcohol or any drug. This is a misdemeanor of the first degree punishable by a maximum sentence of six months in jail and $1,000 in fines.
Notice that while the vehicle code prohibits driving while intoxicated, here it is a crime to possess a gun while under the influence of any amount of alcohol. This means that even if you get acquitted for your OVI, you could still be convicted of the firearms charge.
Another charge you could receive if you get pulled over for drunk driving is carrying a concealed weapon. Ohio Revised Code section 2923.12 makes it a misdemeanor in the first degree to carry a concealed weapon without a permit. However, if the firearm is loaded or if you have ammunition at hand, the offense becomes a felony of the fourth degree. This carries a maximum penalty of 18 months in prison and a fine of $5,000.
After a conviction for this or any other felony, you will be permanently barred from ever possessing firearms again.
Your Concealed License Only Offers Limited Protection
You may think that having a concealed permit will shield you from prosecution, but this is not always the case. For one, having a concealed carry permit is not a defense to possessing a firearm while under the influence of alcohol.
Secondly, a concealed permit holder is required to immediately notify the police that they have a weapon on their person, strictly obey all commands, and keep their hands in plain sight at all times. A failure to do so can result in first degree misdemeanor charges.
If you try to remove you weapon from your holster, make any contact with your firearm, or any gesture that could be interpreted as reaching for it, you may be charged with a fifth degree felony.
This category of felony is punishable by a maximum of six to 12 months in prison and $2,500 in fines. The state of Ohio will also revoke your concealed carry permit if you commit any of the violations described.
Call LHA Right Away If You’ve Been Charged With a Firearm Offense
When a firearm is involved with a drunk driving case, it makes your situation a lot more serious. This combination does not reflect well on you, and you cannot expect a lot of leniency. For this reason, you need to enlist the assistance of an experienced and aggressive Cincinnati criminal defense lawyer to minimize the impact of your criminal charges.
To discuss your case and options, call Luftman, Heck & Associates today at (513) 338-1890 for a free and confidential consultation.
