Getting a DUI with a gun in the car complicates traditional DUI charges. Being charged with a DUI (Driving Under the Influence) is a serious offense in Oklahoma. However, the combination of DUI and possession of a firearm can lead to additional charges and more severe penalties. Understanding the legal implications and potential defenses is crucial for anyone facing this situation.
DUI and Firearm Possession Laws
In Oklahoma, a person can be charged with a DUI if they are found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired by drugs. Penalties for a DUI can include fines, license suspension, mandatory substance abuse treatment, and imprisonment.
Additionally, Oklahoma is an open carry state, meaning that individuals with the proper licenses can legally carry firearms. However, certain restrictions apply, especially when combined with criminal activities such as DUI.
Legal Implications of a DUI with a Gun in the Car
When a person is arrested for a DUI and has a firearm in the vehicle, several legal issues arise:
- Additional Charges: The presence of a firearm can lead to additional charges beyond the DUI itself. One possible charge is possession of a firearm while intoxicated.
- Firearm Confiscation: Law enforcement officers will likely confiscate the firearm at the time of the arrest. The return of the firearm depends on the outcome of the legal proceedings.
- Impact on Gun Rights: A DUI conviction, especially if combined with firearm charges, can affect an individual’s right to possess or carry firearms in the future. This can include revocation or suspension of firearm licenses.
Under Oklahoma law, it is illegal to carry or possess a firearm while under the influence of alcohol or drugs. If you do not properly store or secure the firearm in the vehicle, you may receive additional charges related to the improper transportation of a firearm.
The Penalties May include:
- Increased Fines: The fines for a DUI conviction can be significantly higher if a firearm is in the car.
- Extended Jail Time: Jail sentences may be longer due to the additional firearm-related charges.
- License Suspension: The presence of a firearm can result in longer suspension periods for the driver’s license.
- Firearm License Revocation: The individual may lose their right to carry a firearm, as well as any existing licenses.
The judge will decide your exact penalties based on all details of the crime. The severity of these penalties reflects the danger involved in this charge.
Tulsa DUI Criminal Lawyers
Getting a DUI with a gun in the car in Oklahoma can lead to additional charges and severe penalties. Understanding the legal implications and potential defenses is crucial for anyone facing this situation. The combination of DUI and firearm possession complicates the legal proceedings and can significantly impact the outcome. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.