What is Driving Under the Influence under Colorado Law?

To understand how driving under the influence with a gun can lead to additional criminal charges, it is important to first understand how Colorado defines DUI.

Under Colorado law, driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A person is considered “under the influence” when they are substantially incapable of safely operating a motor vehicle because of intoxication.

Colorado also recognizes a lesser offense called Driving While Ability Impaired (DWAI). A person commits DWAI when alcohol or drugs impair their ability to operate a vehicle even to the slightest degree.

Blood alcohol concentration (BAC) levels often play a role in DUI charges:

• 0.08 BAC or higher typically supports a DUI charge

• 0.05 BAC or higher may support a DWAI charge

BAC levels are usually determined through breath or blood testing during a DUI investigation.

Colorado DUI law also uses a broader concept known as “actual physical control.” This means a person does not necessarily have to be actively driving the vehicle. A person may still be considered to be operating a vehicle if they are in a position to exercise immediate control over it, such as sitting in the driver’s seat with access to the keys.

What Does “Drunk With a Gun” Mean?

The phrase “drunk with a gun” is a common way of describing the offense of prohibited use of a firearm under C.R.S. § 18-12-106.

This statute makes it illegal to misuse a firearm in certain ways, including possessing or using a firearm while under the influence of alcohol or drugs.

Colorado law broadly defines a firearm to include:

• Handguns and revolvers

• Rifles

• Shotguns

• Automatic or semi-automatic firearms

The prohibited use statute also applies to conduct such as recklessly discharging a firearm or unlawfully aiming a firearm at another person.

If a person is intoxicated while possessing a firearm, prosecutors may file a charge for prohibited use of a firearm in addition to any DUI charge.

One important difference between DUI law and firearm law is that the firearm statute does not define a specific blood alcohol limit. Unlike DUI offenses, which have clear BAC thresholds, the prohibited use statute simply states that a person cannot possess or use a firearm while under the influence.

Because the statute does not define intoxication as clearly as DUI law does, prosecutors sometimes charge both DUI or DWAI and prohibited use of a firearm arising from the same incident.

What is the punishment for prohibited use of a firearm?

Under Colorado law, prohibited use of a firearm is a Class 1 misdemeanor.

A conviction can result in:

• Up to 364 days in jail

• A fine of up to $1,000

• Probation

If the firearm charge arises from the same incident as a DUI, a defendant may face penalties for both offenses.

For information concerning DUI sentencing, please visit our DUI Sentencing and Penalties page.

Why Having a Gun Can Aggravate a DUI Case

Possessing a firearm while driving under the influence can significantly complicate a DUI case.

Even when the firearm charge is separate from the DUI offense, prosecutors and judges often view the presence of a weapon as an aggravating factor. This can influence how aggressively the case is prosecuted and how severely the court sentences a defendant.

Several factors may impact how serious the case becomes, including:

• Whether the defendant was cooperative with police

• Where the firearm was located in the vehicle

• Whether the firearm was secured or accessible

• Whether the firearm was being handled or displayed

For example, a firearm locked in a case in the trunk may be viewed very differently than a firearm being held or brandished during the incident.

Colorado law may also require forfeiture of the firearm if it was used in connection with a criminal offense. In addition, a conviction could affect a person’s ability to possess firearms or maintain a concealed carry permit, particularly while on probation.

Because these cases often involve multiple charges and complicated legal issues, it is important to speak with an experienced DUI attorney to evaluate the facts of the case.

Frequently Asked Questions About Driving Under the Influence With a Gun

Is it illegal to drive under the influence with a gun in Colorado?

It can be. Colorado law does not automatically make it illegal to have a firearm in your vehicle while driving. However, if a person is driving under the influence of alcohol or drugs while possessing a firearm, prosecutors may file a separate charge for prohibited use of a firearm under C.R.S. § 18-12-106.

This means a driver could face both a DUI charge and a firearm-related charge arising from the same incident.

Can you legally have a gun in your car in Colorado?

Yes. Colorado generally allows individuals who are legally permitted to possess firearms to carry a gun in their vehicle, even without a concealed carry permit.

However, this right does not apply if the person is using or possessing the firearm while under the influence of alcohol or drugs. If law enforcement believes the driver was intoxicated and had access to the firearm, prosecutors may pursue prohibited use of a firearm charges in addition to DUI.

What happens if you get a DUI with a gun in the car?

If police discover a firearm during a DUI investigation, prosecutors may charge the driver with prohibited use of a firearm, which is a Class 1 misdemeanor in Colorado.

A person facing both charges could receive penalties for:

• Driving under the influence

• Prohibited use of a firearm

• Possible probation conditions restricting firearm possession

In some cases, Colorado law may also require the forfeiture of the firearm involved in the offense.

Because these cases involve multiple criminal statutes, it is important to speak with an experienced Colorado DUI defense attorney as soon as possible.

Speak With a Colorado DUI Defense Attorney

A case involving driving under the influence with a gun can quickly become more complicated than a standard DUI charge. Defendants may face multiple criminal charges, increased penalties, and the loss of firearm rights.

At The Lawrence Law Firm, we represent clients facing DUI charges throughout the Denver Metro Area, including Arapahoe County, Denver County, Adams County, and Jefferson County.

Our firm offers:

• Free consultations

• Flexible flat-fee representation

• Payment plans when appropriate

• Aggressive DUI defense

If you have been charged with DUI or prohibited use of a firearm, it is important to understand your rights and legal options.

Request a consultation with an experienced Denver DUI Attorney today.