DUI with Improper Handling of a Firearm

If you are arrested for OVI/DUI with the improper handle of a firearm you could be facing harsh penalties. Regardless of whether or not you have a concealed carry permit, the state of Ohio does not allow drivers to carry a firearm in their vehicle if they are driving under the influence of drugs or alcohol.

Along with an OVI/DUI charge, you could also be charged with the improper handle of a firearm. No matter the circumstance, you run the risk of being considered a violent person, so it is critical you give these charges the level of importance they need.  

Attorney for DUI with Improper Handling of a Firearm in Cincinnati, OH

It is imperative that you contact Joslyn Law Firm as soon as possible if you are being investigated for DUI with improper handle of a firearm. By having our defense team on your side you can rest assured that your case will be handled with trust and diligence.

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. We proudly assist clients in Cincinnati, Hamilton, Middletown, Sharonville, Lebanon, Blue Ash, Fairfield, Mason, Oxford and many others in central Ohio.


Overview of DUI with Improper Handle of a Firearm in Ohio


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What is Improper Handling of a Firearm?

There is a right and wrong way to handle a firearm in Ohio. Ohio Revised Code 2923.16 establishes that improper handling of a firearm is knowingly having a loaded firearm accessible in the vehicle or discharging the firearm in the vehicle.

Regardless, if the person with the gun is the driver or the passenger, they can be charged with the offense. The following circumstances are considered improper handle of a firearm:

  • The person is under the influence of drugs, alcohol or a combination
  • The person’s breath, urine or blood contains a concentration of a controlled substance, alcohol, or a substance that prohibits the person from operating a vehicle.
  • The person knowingly discharges the firearm while in the motor vehicle
  • The firearm is accessible without having to leave the vehicle

There are circumstances though where carrying a firearm in a vehicle is permitted. O.R.C 2923.16 (F)(A) allows the following circumstances:

  • The firearm is in a closed box, package or case
  • The firearm is in plain sight and secured in a rack or holder made for the purpose 
  • The firearm is in a compartment that can be reached only by leaving the vehicle

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Penalties for Improper Handling of a Firearm while DUI

The penalties for the improper handle of a firearm in Ohio are usually not that severe, but when the improper handle involves operating a vehicle while under the influence of drugs or alcohol, the penalties can be harsh.

The penalties depend on whether or not the firearm is concealed on the person, but either way, the offender will be charged with a felony. Penalties for the improper handle of a firearm while OVI/DUI can include the following:

  • If the gun is concealed on the person, it is considered a fourth-degree felony that entails a prison sentence ranging from six to 18 months and no more than $5,000 in fines.
  • If the gun is not concealed on the person, it is considered a fifth-degree felony that entails a prison sentence ranging from six to 12 months and no more than $2,500 in fines.

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OVI/DUI Penalties

Along with improper handling of a firearm, you could also face the penalties for OVI/DUI. Because the state is trying to combat the issue of operating a vehicle while under the influence, the penalties for such an offense are harsh. The extent of the penalties depends on whether or not this is your first offense. The penalties for OVI/DUI are as follows:

  • First Offense: This is considered a first-degree misdemeanor that can be punishable by a minimum of three days and up to six months in jail, fines ranging from $375 to $1,075, a suspended license for six months to three years and no driving privileges for 15 days.
  • Second Offense: This is considered a first-degree misdemeanor that is punishable by 10 days and up to six months in jail, fines ranging from $525 to $1,625, a suspended license for one to seven years, no driving privileges for 45 days, restricted driving plates and an interlock device if alcohol-related.
  • Third Offense: This is considered an unclassified misdemeanor that is punishable by 30 days and up to one year in jail, fines ranging from $850 to $2,750, a mandatory drug or alcohol program, a suspended license for two to 12 years, no driving privileges for 180 days, restricted driving plates, an interlock device if alcohol-related and forfeiture of vehicle if registered to the defendant. 

All of these penalties can be elevated if you receive a high test. An OVI/DUI conviction can also make it difficult to find future employment and increase insurance rate. OVI/DUI convictions cannot be sealed or expunged, but an experienced defense team from Joslyn Law Firm will fight to reduce the charges.

An interlock device is a breathalyzer installed in a vehicle that required the driver to blow into the mouthpiece so it can measure the alcohol in their system. If the amount is over the pre-programmed level, the device will temporarily lock the vehicle’s ignition.


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Ohio Resources for DUI with Improper Handling of a Firearm

Ohio Revised Code 2923.16- View the Ohio Revised Code that governs the improper handling of firearm laws in Ohio on codes.ohio.gov. The Statute covers what to do if you are pulled over with a concealed weapon, penalties and where discharging a weapon in a motor vehicle is permitted. Codes.ohio.gov is a website that features the Ohio Revised Code and the Administrative Code.

Ohio Revised Code 4511.19- View the Ohio Revised Code that establishes the laws for OVI/DUI in Ohio on code.ohio.gov. The statute covers what is considered the legal limit for alcohol and controlled substances, underage OVI/DUI and penalties.

Lawyer for DUI with Improper Handle of a Firearm in Cincinnati, OH

It is critical that you give the charges of OVI/DUI and improper handle of a firearm the importance they need. Joslyn Law Firm is experienced with DUI and gun laws in Ohio, and we will strive to ensure your rights are protected.

You can rest assured knowing that Joslyn Law Firm will fight to achieve the best possible outcome for your situation. 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.

We assist clients in central Ohio communities that include Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and numerous others.

 


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