DUI While Carrying a Concealed Weapon

Those who are arrested for a DUI while in possession of a firearm face harsh penalties, even those with a concealed carry permit. The law does allow those with a permit to carry, but not in a vehicle when the person’s blood alcohol content levels are above the legal limit.

Because there is no separate criminal charge for carrying a concealed weapon while driving under the influence in Ohio, offenders will be prosecuted under the state’s general DUI laws. Offenders are also subjected to additional charges that can carry considerable penalties in addition to the DUI charges.

Attorney for DUI While Carrying a Concealed Weapon

The best defense you can take when fighting a DUI charge while carrying a concealed weapon is retaining legal counsel from Joslyn Law Firm. Our attorneys hold extensive knowledge of both gun and DUI laws in Ohio and they will strive to achieve the best possible outcome for your situation.

We serve communities in central Ohio that include Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and many others. Call us today at (513) 339-6289 or submit your information in our online form and one of our attorneys will review your case for free.


Overview of DUI While Carrying Concealed Weapon in Ohio


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Possible Charges

The Ohio Constitution allows for citizens to bear arms for their defense and security, but there are situations where it is prohibited to carry, and driving under the influence is one of them. There are two statutes in the Ohio Revised Code that govern gun laws in the state.

O.R.C 2923.16 (D)(1) establishes that no person shall knowingly transport or have a loaded handgun in a motor vehicle while under the influence of alcohol, drugs or a combination of both. Along with DUI/OVI the driver could face charges of improper handling of a firearm in a motor vehicle if found in possession of a firearm while operating a vehicle under the influence. Such a charge comes with extensive fines and possible jail time. 

Under section 2923.15 of the Ohio Revised Code, it is against the law to carry or use a firearm while under the influence of drugs or alcohol. Along with a DUI/OVI charge the driver could face charges of using a weapon while intoxicated. This conviction also carries extensive fines and possible time in jail. 


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Penalties for DUI While Carrying a Concealed Weapon

Since operating a vehicle while under the influence and in possession of a concealed weapon can come with numerous charges, there are a number of penalties that come with it. Penalties depend on a number of factors involved in the case such as whether or not this was the first offense. Listed below are the possible penalties for a DUI while carrying a concealed weapon.

Improper Handling of a Firearm in a Motor Vehicle: This conviction is considered a fourth-degree felony and entails six to 18 months in prison and up to $5,000 in fines depending on the subsection of 2923.26 the driver is charged under.

Using a Weapon While Intoxicated: This offense is a first-degree misdemeanor that carries the possible penalties of up to six months in jail and up to $5,000 in fines.

OVI/DUI: A first offense OVI/DUI is a first-degree misdemeanor that carries a minimum of three days and up to six months in jail, fines that can range from $375 to $1,075, a suspended license for six months to three years and no driving privileges for 15 days. Penalties for an OVI/DUI charge can be elevated if the drive receives a high test.


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Ohio Resources for DUI While Carrying a Concealed Weapon

Ohio Concealed Carry Laws – The Ohio Attorney General provides an online booklet over the concealed carry laws in Ohio. The booklet provides information regarding the concealed carry application process, duties that come with holding a CHL and forbidden carry zones. The Ohio Attorney General is the chief legal officer in the state of Ohio.

Ohio Revised Code Improperly Handling Firearm in a Motor Vehicle– Full text of the Ohio Revised Code that governs the handling of firearms can be read on code.ohio.gov. The statute explains what is considered improper handling of a firearm in a motor vehicle and its penalties. Codes.ohio.gov is a website that features the Ohio Revised Code and the Administrative Code.

Ohio Revised Code Carrying Concealed Weapons– Full text of the statute that governs concealed weapon carry in Ohio can be read on code.ohio.gov. This statute offers in-depth explanations of what cannot be carried, what should not be done when stopped by law enforcement and penalties. 


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 Lawyer for DUI while Carrying a Concealed Weapon

If you are being investigated for carrying a concealed weapon while operating a vehicle under the influence, you should seek experienced legal representation from Joslyn Law Firm. You can rest assured that our attorneys will fight to protect your rights and achieve the best possible outcome for your situation.

We proudly serve clients in Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and many other communities in central Ohio. Call us today at (513) 339-6289 or submit your information in our online form and one of our attorneys will review your case for free.

 


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