Ohio is a state where the open carry of a weapon is legal without a license of any kind, except inside of a vehicle. In terms of a concealed carry in Columbus, Ohio, state residents must have a concealed carry license to have a concealed weapon. But what happens if you are facing a DUI with a concealed weapon in Columbus, Ohio?
The penalties associated with a DUI with a concealed weapon in Columbus, Ohio can be quite significant.
As we discuss what a DUI with a concealed weapon in Columbus, Ohio means, keep in mind that the Ohio state laws around using weapons while intoxicated are quite strict. From Ohio Revised Code section 2923.15, you can see that the use of weapons while intoxicated is illegal and can be charged as a misdemeanor or felony depending on the surrounding circumstances.
“(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.”
A misdemeanor of the first degree in relation to being intoxicated with a weapon, under Ohio state law, means that you can face up to $1,000 in fines and a maximum sentence of up to six months in jail.
In regard to concealed carry in Columbus, Ohio paired with a DUI, charges are typically increased if you are pulled over for a DUI while in the possession of a concealed firearm. The short of it is, you can be convicted separately from the DUI charge for possession of a weapon while intoxicated, and/or improper handling of a firearm as they are separate violations of Ohio law.
Penalties strictly related to the DUI charge itself will vary depending on whether the DUI charge is your first, second, and so on. Possible penalties include the following but are not limited to:
For further details on DUI charge penalties, see our page on Ohio DUI penalties.
Onto the potential penalties of a concealed weapons permit and DUI in Columbus, Ohio. Keep in mind that both charges are separate from each other in the state of Ohio.
As previously mentioned, it can be considered a felony to carry a concealed firearm when operating a motor vehicle under the influence of alcohol and/or drugs. The penalties for the DUI charge will be separate from the penalties for the firearm charge. If you are acquitted from the DUI, the penalties for the firearm charge may still affect you and can differ depending on situational factors.
Even if you are not under the influence of alcohol and/or drugs, you can still be charged with other crimes related to possessing a firearm in a motor vehicle. If you do not immediately notify law enforcement about having a concealed firearm in Columbus, Ohio should you be pulled over, you can be charged with a first degree misdemeanor improper handling.
Additionally, you could potentially face a fifth degree felony charge if you try to remove the weapon from its holster or make any sort of contact with the weapon unless you are doing so pursuant to a request by law enforcement
If you are facing a DUI with a concealed weapon in Columbus, Ohio, it can be crucial to reach out to an experienced Columbus Ohio criminal defense attorney who will be able to assist you.
Concealed carry in Columbus, Ohio when tied to a DUI can be concerning. It makes the possible DUI conviction you are facing, which is already a serious matter, even more so. The combination of having a concealed weapon and DUI in Columbus, Ohio means that you may be facing a number of consequences including loss of your concealed carry permit as well as a felony conviction prohibiting you from legally carrying a concealed firearm.
The Maher Law Firm is ready and waiting to assist you with a concealed carry situation in Columbus, Ohio. While we practice throughout Central Ohio, we do focus on DUI/OVI defense cases as well as traffic and criminal defense in Columbus. You can contact us for assistance on your DUI with a concealed weapon in Columbus, Ohio online or by calling us at 614-205-2208.