Can You Be Charged With DUI and Possession of a Handgun While Intoxicated?
If police arrest you for DUI in Tennessee and discover a handgun in your vehicle, you could face a separate criminal charge. Even if the firearm was legally purchased and stored in your car, prosecutors may allege that you possessed a handgun while under the influence.
Tennessee law does not automatically make it illegal to have a handgun in your vehicle. The concern arises when police believe you were intoxicated at the time you possessed it. That distinction matters because a DUI arrest alone does not prove every element of a separate weapons offense.
At Herbert & Lux, we defend clients facing DUI and criminal charges throughout Nashville and Middle Tennessee. When a handgun is discovered during a DUI investigation, our attorneys examine both allegations and the evidence police relied on to make the arrest.
Is It Illegal to Have a Gun in Your Car During a DUI Arrest?
Tennessee generally permits eligible adults to possess or transport handguns in their vehicles. Under Tennessee Code § 39-17-1321, possessing a handgun while under the influence of alcohol or certain controlled substances is a separate offense.
The circumstances surrounding the firearm are important. A handgun found in a center console, glove compartment, or shared vehicle can raise questions about who possessed it and whether the accused knew it was there. Police may allege possession even when the gun was never handled during the stop, but prosecutors still have to prove the charge.
What Happens if You Face Both DUI and Gun Charges?
A DUI and a handgun charge can arise from the same traffic stop, but they involve different legal elements. The DUI case focuses on driving or being in physical control of a vehicle while impaired or meeting another statutory basis for DUI. The handgun charge focuses on possession while under the influence.
Both allegations may depend on the same officer's observations, roadside testing, statements, and chemical test results. That gives Herbert & Lux an opportunity to examine whether the evidence actually supports the conclusions in the police report. Problems with the investigation may affect one or both charges, depending on the facts.
What Are the Penalties for Possessing a Handgun While Intoxicated?
Possession of a handgun while under the influence is a Class A misdemeanor in Tennessee. A conviction can carry up to 11 months and 29 days in jail and a fine of up to $2,500. A person convicted of DUI faces separate penalties, including mandatory jail time, fines, and driver's license consequences.
Facing both charges can complicate the case and increase the potential consequences. The outcome depends on the evidence, the charges filed, and the person's circumstances, including any prior criminal history.
Can Herbert & Lux Challenge the Gun Charge?
Yes. The fact that police found a handgun does not end the legal analysis. Herbert & Lux reviews where the firearm was located, who had access to it, what the driver said, and whether the evidence establishes knowing possession. Our attorneys also examine whether police had a lawful basis for the traffic stop and vehicle search.
The DUI investigation matters just as much. Dashcam footage, bodycam recordings, field sobriety testing, and chemical test results may reveal differences between what an officer reported and what actually occurred.
Eddie Herbert previously represented clients in Davidson County General Sessions and Criminal Court through the Public Defender's Office. Ron Lux brings a background in law enforcement, which informs his review of police investigations. At Herbert & Lux, clients work directly with attorneys who examine the evidence and explain how it affects their defense.
What Should You Do After a DUI Arrest Involving a Gun?
Keep your arrest paperwork, court notices, and any documents concerning the firearm. Avoid discussing the details of the stop on social media, and do not assume that lawful gun ownership means the weapons charge will be dismissed.
The location of the handgun, the evidence of impairment, and the circumstances of the police search may all become important. Having Herbert & Lux review those details early can help identify legal issues before decisions are made about the charges.
Facing DUI and Gun Charges in Nashville? Contact Herbert & Lux.
A DUI arrest involving a handgun can put you at risk of two separate criminal convictions. Herbert & Lux represents people facing DUI and weapons-related allegations in Nashville and throughout Middle Tennessee, providing direct attorney involvement and a defense grounded in the evidence.
Learn more about our Nashville DUI defense practice or call Herbert & Lux to discuss your case.
