Can Possessing a Gun Impact a Houston DWI Arrest?

 Posted on January 01, 2020 in Uncategorized

If you have been arrested under suspicion of driving while intoxicated in Houston, you probably have plenty of concerns running through your head. How will this affect your job? Is it possible to defeat a DWI charge? Are the penalties steeper in Harris County? One question that you might struggle to find an answer for is whether possessing a handgun at the time of your arrest will impact your case.

Texas gun laws allow you to carry in a variety of ways. However, the violation of these laws could result in their own criminal charges. While it is true that having a gun in your possession at the time of your DWI arrest could have far-reaching consequences, it will not directly impact your DWI case.

It is important that you understand your rights in these situations. To ensure you are well-informed, it could benefit you to discuss your options with a skilled defense attorney. Attorney Doug Murphy has an extensive background in defending the rights of those accused of DWI. What's more, he could advise you on how a DWI case could impact your right to own guns in the future.

How Guns Can Complicate a Texas DWI Arrest

Being in possession of a firearm at the time of a DWI will not impact your case on its own. While there are factors that could increase a DWI charge from a misdemeanor to a felony, gun possession is not one of them. The primary risk possessing a gun could present during a DWI traffic stop is the potential for a gun crime.

Under Texas law, it is illegal to intentionally possess or use a firearm when you are intoxicated. If you hold a concealed carry permit, this charge is known as Unlawful Carry of a Handgun. This charge is a misdemeanor, and it could result in the loss of your concealed carry permit.

If you are arrested with a handgun without a permit, you could face charges of Unlawful Carry of a Weapon. This offense – different from Unlawful Carry of a Handgun – is also a misdemeanor.

There are other situations that could complicate matters further, as is the case when a felon is found in possession of a firearm during a DWI traffic stop.

Let a Board Certified Houston DWI Defense Attorney Protect Your Rights

Whether you were in possession of a firearm at the time of your arrest or you are concerned about the potential loss of your right to carry a firearm upon conviction, a discussion with a defense attorney is in your best interest. While the penalties that come with a DWI can impact your right to own a firearm in some cases, they only occur if you are convicted.

Attorney Doug Murphy knows about avoiding a conviction in a DWI case. He believes the best approach to most DWI cases is to take them to trial, and his track record shows that this approach works. By putting pressure on the prosecutor to prove their case, he is often able to help his clients avoid a conviction entirely.

To learn more, reach out to the Murphy & McKinney Law Firm, P.C. right away.