What Are the Charges for Possession of a Firearm While Intoxicated?

When you carry a firearm while under the influence of alcohol or drugs in Wisconsin, you might not realize that you may have violated state criminal law. A person who possesses a firearm while intoxicated can face criminal charges for that possession; they may face additional charges if they choose to brandish or discharge that firearm while intoxicated.

Understanding Wisconsin’s Firearm Laws

Under Wisconsin law, a person commits the crime of endangering safety by use of a dangerous weapon if they operate or arm themselves with a firearm while under the influence of an intoxicant or having a detectable amount of a controlled substance in their blood. A person may become “under the influence of an intoxicant” when they have a significant amount of alcohol in their system – many people begin to display signs of intoxication when they have a breath or blood alcohol concentration of 0.08 percent or more.

Possessing a firearm while intoxicated can result in a criminal charge. However, using that firearm can increase the potential penalties for a conviction under the endangering safety by use of dangerous weapon statute. Defendants can also face additional charges, such as assault or homicide.

Possible Defense Strategies

Common defense strategies that defendants pursue to fight charges of possession of a firearm while intoxicated include:

• Lack of Evidence of Intoxication – Defendants may contest the sufficiency of the prosecution’s evidence of their intoxication when they possessed or operated a firearm.
• Valid Prescription – A defendant has a defense to a charge if they have a valid prescription for the controlled substance detected in their bloodstream.
• Lack of Possession – Defendants may argue that the prosecution lacks sufficient evidence to prove they had physical possession of a firearm while intoxicated by alcohol or drugs.
• Mistaken Identity or Alibi – A defendant may deny possessing or operating a firearm by challenging the reliability of eyewitness identification. Similarly, they may present alibi evidence to show they were elsewhere when the individual brandished or fired the firearm.
• Unlawfully Obtained Evidence or Statements – Defendants may contest the lawfulness of the police’s search or interrogation to exclude evidence or statements obtained in violation of their rights.

Long-Term Consequences of a Conviction

A conviction for possession of a firearm while intoxicated can have significant penalties and consequences. Possessing a firearm under the influence of alcohol or drugs in Wisconsin constitutes a Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both. However, the grading for the offense can increase when a person discharges their firearm while intoxicated. A conviction will also result in a criminal record that can make pursuing employment, housing, or educational opportunities more challenging due to the stigma of an offense involving intoxication and possession of weapons.

Contact a Criminal Defense Attorney Today

Following an arrest for possession of a firearm while intoxicated, you need experienced legal representation to protect your rights and future. Contact Cohen Law Offices by calling us today at (715) 514-5051 for a confidential consultation with a weapons crimes defense attorney to learn how our firm can help you resolve your charges favorably.