20+ Years of DUI and Criminal Defense
Built on Trust, Focused on Results
Built on Trust, Focused on Results
DUI and Possession of a Firearm in Colorado
If you’re stopped for DUI in Colorado and the officer finds a firearm in your vehicle, you may also be charged with “prohibited use of weapons” — sometimes called “drunk with a gun” — under CRS 18-12-106.
This charge is serious. It can bring jail time, a weapons conviction on your record, and long-term collateral consequences for your gun rights, employment, and future.
Loaded or Unloaded – It Doesn’t Matter
Under Colorado law, it does not matter whether the firearm was loaded or unloaded, or even where in the vehicle it was found. If it’s present, police will often add this charge on top of the DUI.
What the Prosecutor Has to Prove
Fortunately, these cases are not always as simple as they first appear. The prosecutor must prove:
- That you were under the influence (intoxicated) — not just impaired. A DWAI conviction alone will not support the weapons charge.
- That you were in possession of the firearm.
Possession is not always clear-cut. Colorado courts, including the leading case People v. Garcia, 595 P.2d 228 (Colo. 1979), have said juries may consider:
- Your proximity to the firearm
- The ordinary place of storage
- Whether you were aware of the firearm’s presence
- Locks or impediments that limited access
A skilled defense lawyer can challenge these issues and fight to keep the charge from sticking.
Why You Need an Experienced Defense Lawyer
A DUI alone is stressful enough. Adding a weapons charge raises the stakes significantly. You need a lawyer who understands both DUI law and weapons law in Colorado, and who knows how to challenge the state’s case.
I have more than 20 years of experience defending DUI and firearm-related charges in Adams, Arapahoe, Jefferson, Weld, and Denver. I handle every case personally — not junior associates, not paralegals.
Call Me Today
If you’ve been charged with DUI and possession of a firearm in Colorado, don’t wait. Call me directly at 303-355-5148 for a free consultation.
You’ll speak with me, Monte Robbins, not a call screener.