Prohibited Use of Weapons, C.R.S. 18-12-106, is often charged with DUI / Driving Under the Influence, C.R.S. 42-4-1301 in Greeley and throughout Colorado. Unfortunately, if you get pulled over for DUI or DWAI and you have your concealed carry weapon in the car, you will also be charged with Prohibited Use of Weapons. In Colorado, it’s illegal just to possess a gun if you’re under the influence of alcohol or another intoxicating substance, even if you don’t shoot or brandish the firearm.
If you’ve been charged with Prohibited Use of Weapons and Driving Under the Influence, don’t wait to give our top Greeley criminal defense lawyers a call today. Only an experienced attorney can protect your future from the many penalties that could result from conviction.
Colorado’s Law on Prohibited Use of Weapons, C.R.S. 18-12-106 at the Weld County Court
Colorado’s law on Prohibited Use of Weapons, C.R.S. 18-12-106, as charged at the Weld County Court, is:
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5).
Prohibited Use + Driving Under the Influence, C.R.S. 42-4-1301 in Greeley
In Greeley, Prohibited Use can often go hand-in-hand with Driving Under the Influence, C.R.S. 42-4-1301. If a person goes to a bar in downtown Greeley, has a few drinks, then heads home, they could be charged with DUI or DWAI. If the Greeley Police Officer also discovers a firearm in the car, or the driver volunteers that information, they will also be charged with Prohibited Use of Weapons.
Guns and alcohol never go well together. Make sure that if you go out for a drink, you leave the handguns at home.
Weld County Jail Time for Prohibited Use of Weapons and DUI in Severance and Firestone
Prohibited Use of Weapons is a class 1 misdemeanor in Severance and Firestone, with penalties including up to 364 days of Weld County Jail time and/or a fine of up to $1,000. Other consequences could also result: for example, the Weld County Sheriff may revoke your concealed handgun permit if you are convicted.
Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI are both unclassified misdemeanors for the first three offenses. When it is a defendant’s fourth or subsequent offense, DUI and DWAI are charged as class 4 felonies. Penalties for misdemeanor DUI / DWAI include:
- Weld County Jail time
- Community service
- Fines + surcharges
- Alcohol education & treatment
- 12 points on your driver’s license + automatic license suspension
The penalties that can come with conviction of either or both of these misdemeanors can be devastating. Don’t try to take on your charges alone. Contact our experienced Greeley and Weld County criminal defense lawyers today to take your first step towards protecting your future today.
Have you been charged with Prohibited Use of Weapons? If so, remember to always be smart, and exercise your right to stay silent. Then call (970) 616-6009 to discuss your case with one of our top criminal defense lawyers from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Court is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Jens Mahnke