In Fort Collins and Larimer County, having a gun in your car when being investigated for a DUI can make your case much more complicated. Law makers are especially concerned about guns or firearms being available to someone who has been drinking or who is under the influence of drugs. This is something that former Broncos quarterback Jay Cutler is learning the hard way. He was recently arrested for Driving Under the Influence and because there were two firearms in his car, he got the added weapons charge. According to the report, he rear ended another vehicle, and upon contact with law enforcement, they suspected he had been drinking. The guns were located in his vehicle, so along with the DUI and traffic charges, he had added gun charges as well. In Colorado, having a gun in your possession while drinking would result in a Prohibited Use of a Weapon charge.
Larimer County Prohibited Use of a Weapon Lawyer: Definition of Prohibited Use of a Gun
The Larimer County, Colorado law definition of Prohibited Use of Weapons – C.R.S. 18-12-106 – is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(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). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
Subsection (d) would apply in the case above. If there is probable cause to arrest someone for DUI, then there is an argument that they were under the influence. Thus, having a firearm in the vehicle they were driving while pulled over for Driving Under the Influence would likely result in the added charge. Usually, it doesn’t matter where in the vehicle the firearm is located. Because it is in the vehicle and you are in the vehicle, this charge usually applies. We have even had DUI clients tell officers there is a gun in the truck of their car just so the officers are aware and it bites them in the butt because they end up with an added weapons charge.
Penalty for Prohibited Use of Weapons in Loveland
In Loveland and Fort Collins, Prohibited Use of a Firearm for possessing a gun while under the influence is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail.
If you or someone you love has been charged with a Weapons crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation today. Together, we can protect your future.
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