Guns and DUIsCalifornia, like many other jurisdictions, takes the offense of driving while intoxicated (DUI) seriously. Some of the nation’s harshest firearms prohibitions are also found in California. This frequently raises a crucial query: Will obtaining a DUI damage my ability to possess firearms in California?
Keep reading to find out and then contact Chambers Law Firm at 714-760-4088 if you are facing DUI charges or previously have a conviction and want to learn about expungement options.
It depends on the charge
Whether or not you will lose your right to bear arms will depend on the specific DUI charge. In general, Californians aren’t allowed to own guns if they’ve been convicted of a felony, are drug addicts, have two or more convictions for brandishing a weapon, have committed certain misdemeanor crimes like domestic violence, suffer from mental illness to the point where they’ve been subject to two involuntary psychiatric holds in a year, are under the age of 18, or any combination of these.
A DUI conviction might result in the loss of gun rights under the current gun possession regulations, if the offense was a felony. DUIs are typically considered minor offenses. However, there are some situations in which DUI could result in felony charges. Three or more past DUI or “wet reckless” convictions within a 10-year period, a DUI that results in the harm or death of another person, and one or more prior felony DUI convictions can lead to a DUI being charged as a felony.
A felony DUI conviction will prevent you from legally owning a gun
If you are found guilty of felony DUI, you will be classified as a felon and won’t be allowed to own firearms in California. It is significant to note that it is irrelevant whether the felony DUI conviction occurred in California or another state. You are not allowed to own a gun if you have a felony conviction.
Many consequences come along with a felony DUI conviction
If found guilty of a felony DUI in California, you might face harsh punishments like a year in state jail, hefty fines, and a lengthy suspension of your driving rights. Given the severity of these repercussions, it is essential to deal with a DUI defense attorney that has experience managing all types of DUIs, including felony DUIs.
Defense options to felony DUI charges
Your lawyer might be able to craft a defense that results in the accusations against you being reduced or dropped. For instance, your attorney might be able to claim that the police lacked justification for stopping your car or that they violated protocol by taking a chemical breathalyzer or blood sample. There may be a defense that you weren’t drunk at all but that other circumstances, such having diabetes or eating a ketogenic diet, caused your blood alcohol content (BAC) to be higher than usual.
At Chambers Law Firm, we defend people in Southern California who have been accused of DUI and associated crimes. Call 714-760-4088 or email dchambers@clfca.com to speak with a DUI defense attorney to learn more or to arrange a free initial appointment.
