Empower Yourself, Know Your Rights

What could happen if a driver has a gun during a DUI traffic stop?

On Behalf of | Jul 16, 2024 | Dui |

If the police witness someone driving erratically, they may pull them over to check if they are under the influence of drugs or alcohol. However, what if they find that the driver they pulled over is also carrying a firearm?

While adults in Missouri can legally own firearms and keep them on their person with the right permits and according to location-specific laws, a situation may escalate if alcohol is involved.

Carrying a gun while under the influence can be risky

Calling back to the situation posed earlier, if the police found that a driver had alcohol or a controlled substance in their system, then they could charge them with driving under the influence.

Meanwhile, under Missouri law, it is illegal to carry a firearm under the influence and handle it in a negligent manner.

If the police detain an individual for a DUI and find that they are carrying a firearm, it is up to them to determine if the individual handled their weapon negligently. This may put the individual at risk of a misdemeanor unlawful use of weapons charge. However, the penalties could be more severe if the weapon had ammunition in it.

Furthermore, a driver convicted of a DUI could face a temporary suspension of their permit to carry a firearm.

What a driver can try if they are carrying a firearm

If a driver is carrying a weapon and the police pull them over for a suspected DUI, there are some things they should keep in mind. Consider:

  • Remaining composed
  • Calmly informing the police that they are carrying a firearm
  • Cooperating with authorities
  • Utilizing the right to remain silent
  • Seeking legal representation

Drivers can benefit from knowing the serious legal risks posed by carrying a firearm during a traffic stop, but they can be proactive in guarding their rights.