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Under Wisconsin statute, intoxicated possession of a gun has penalties of up to 9 months in jail and/or $10,000 in fines. These charges will stay on your record forever.
Intoxicated Possession of a Firearm Appleton office near city hall
Intoxicated Possession of a Firearm Penalties
Intoxicated possession is a Class A misdemeanor with maximum penalties of 9 months in jail and/or $10,000. There is no minimum penalty if you are convicted. Official penalties and charges are determined by the courts and differ depending on the details of your case.
What if the Firearm is in your Vehicle while you are Driving Intoxicated?
The location of the firearm can make a huge difference in determining what charges you might face. For example, if you are stopped by the police for operating your vehicle while intoxicated, the police will search your car. If they find a firearm in the vicinity of where you were sitting, they may charge you with intoxicated possession of a firearm. If the firearm is found in the trunk, in a case, and apart from ammunition, it may fall under Wisconsin transportation laws and you will not be convicted of intoxicated possession.
Recently the law has changed for intoxicated possession charges. The law now allows you to be convicted of intoxicated possession charges even if your gun is not loaded with ammunition. As long as you have the firearm with you, you can be charged with intoxicated possession.
What does being Intoxicated mean?
Wisconsin legislature says that under the law, having over .08% blood alcohol concentration (BAC) is impaired. However, all people handle their liquor differently. A strong defense in an intoxicated possession case is to determine if you were actually impaired during the time you were in possession of a firearm. Based on your actions, demeanor, speech, and other clues, someone can determine if you were intoxicated.
Another possible charge you could face is recklessly endangering safety - possessing a firearm while impaired means you are endangering the lives of others through reckless conduct. Appleton is very aggressive with gun cases, so it shouldn’t be a surprise if you see this charge as well.
Many factors go into determining charges for gun cases, especially for the operation of guns while intoxicated. You want an experienced gun law attorney to take a look at all the variables affecting your case. Some of these variables include whether you possess the firearm, whether the firearm itself was actually a firearm, whether you were intoxicated, or whether you were unsafe to have the firearm. These factors can lead to issues in the trial.
How long does an intoxicated possession charge stay on your record?
These charges remain on your record forever. They are expugnable under certain circumstances, but expungement will not remove the offense from your record. Expunged offenses are only sealed so the general public can’t see them. It doesn't change the fact that you committed a crime.
How to beat an intoxicated possession charge in Appleton
If you’ve been stopped in your car or have had your property searched by the police, those events can be challenged for legality. If the police don’t obtain evidence legally then it can’t be used against you in court.
Having an aggressive criminal defense attorney on your side can help guide you through your constitutional rights to get your charges reduced or dropped. Since opening in 2013, Grieve Law is one of the most awarded-winning criminal defense and drunk driving firms in Wisconsin. Grieve attorneys have helped numerous clients get their first offense DWI and other alcohol related charges dropped or reduced.
