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DUI and Possession of a Firearm

If you’re stopped for DUI in Colorado and the police officer observes, or searches and finds, a firearm in your vehicle, chances are that you will also be charged with “prohibited use of weapons” a/k/a “drunk with a gun”. In violation CRS 18-12-106. This charge is a serious charge that carries with it potential jail time and potential collateral consequences associated with a weapons violation.

Under the law, it doesn’t matter if the firearm was loaded or unloaded. And it seems that the police won’t care where in the vehicle the firearm was found. If it’s in the vehicle, regardless of the reason or location, the police will likely charge the offense.

Fortunately for the defendant driver, there are many factors to argue to fight the charge, and the case is not as easy to prove as a prosecutor might think. Firstly, the prosecutor has to prove that the driver was “under the influence”, in other words “intoxicated” or “drunk”. The charge won’t stick with a Driving While Ability Impaired (DWAI) conviction. The prosecutor has to show intoxication, rather than just impairment.

Secondly, the terms “possession” is very subjective. A skilled defense attorney will argue for a jury instruction that is best suited for the defendant. People v. Garcia, 595 P.2d 228 (Colo. 1979) is the leading case regarding “possession”.

The Garcia Court found the following factors which could be considered to determine if a firearm was in a person’s actual or physical control: 1) the proximity of the defendant to the firearm; 2) the ordinary place of storage of the firearm; 3) the defendant’s awareness of the presence of the firearm; 4) locks or other physical impediments which preclude ready access to the firearm.

If you’ve been charged with DUI and possession of a firearm while intoxicated, it’s important to get professional help right away by an attorney that can comprehensively defend this type of charge. Denver DUI Lawyer Monte Robbins has experience in defending charges of DUI and possession of a firearm. Call today for a free case evaluation at 303-355-5148 or 970-301-5541.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy