Is Possessing a Gun During a DWI a Crime?
Texans love their guns and the rights provided under the 2nd Amendment to the Constitution. However, legal gun possession can become a serious crime if you are carrying that firearm while committing another crime, such as driving while intoxicated (DWI).
What is Unlawful Carrying of a Weapon?
Texas law states that it is unlawful to carry a weapon while committing a criminal offense. If a person who legally owns a firearm is arrested on suspicion of DWI, they can be charged with unlawful carrying of a weapon. This charge is a Class A Misdemeanor, which is punishable by up to 1 year in a county jail and a fine of up to $4,000. These penalties are in addition to DWI penalties. It’s clear that these penalties can add up quickly.
How Can You Defend Against an Unlawful Carrying of a Weapon Charge?
The best way to avoid a conviction for unlawful carry is to beat your DWI charge. If you’re not convicted of DWI, you’re no longer unlawfully carrying a weapon.
There are many defenses against a DWI. These include:
- No reasonable suspicion to stop your vehicle
- Insufficient evidence to prove intoxication
- Conducting unlawful searches, including taking a blood sample without a warrant
- Not following the requirements and procedures required for testing and specimen collection / transfer.
An experienced DWI lawyer will know how to create a DWI defense that will help you avoid both a DWI conviction and the consequences that come with an Unlawful Carrying of a Weapon charge.
Caught Carrying a Gun During a DWI? Call Clyde W. Burleson, P.C. Today.
In conclusion, give yourself the best opportunity to avoid the penalties that come with multiple criminal charges and contact Houston DWI Attorney Clyde W. Burleson P.C. at 713-628-1503 for a free consultation.