Using a Firearm While Under the Influence in Florida: Laws, Penalties and Defense

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Last Updated on: 3rd November 2023, 07:11 pm

 

Using a Firearm While Under the Influence in Florida: Laws, Penalties and Defense

Hey there! If your reading this, you probably want to know more about Florida’s laws on using a firearm while under the influence of alcohol or drugs. This can be a pretty serious charge, but don’t worry – I’ll break it all down for you here. I’m not a lawyer, just a regular person trying to help. Let’s get started!

The Law in Florida

The main law we’re talking about here is Florida Statute 790.151. This law makes it illegal to use a firearm while you are under the influence of alcohol, chemical substances, or controlled substances to the point that your normal abilities are impaired. Let’s break down the key parts:

• You have to actually be using the firearm when your under the influence. This means firing it or having it loaded in your hand.
• “Under the influence” means being affected by alcohol, drugs, or other chemicals enough that your normal abilities are impaired.
• The law applies to any kind of firearm – handguns, rifles, etc. It also applies to things like silencers or starter pistols.
• There is an exception for using a firearm in self-defense or defense of property while under the influence.

So in summary – don’t handle firearms when your judgement is impaired by alcohol or drugs! Seems pretty common sense, but people do get charged with violating this law.

Penalties for Violating the Law

If your convicted of using a firearm while under the influence in Florida, it’s charged as a second-degree misdemeanor. The maximum penalties are:

• Up to 60 days in jail
• Up to 6 months probation
• Up to a $500 fine

In addition to the criminal penalties, a conviction will also stay on your criminal record. This can impact things like employment, housing, and more. Definitely not something you want haunting you!

What the Prosecutor Has to Prove

For you to be convicted under this law, the prosecutor has to prove these two things beyond a reasonable doubt:

1. You used a firearm
2. You were under the influence of alcohol, drugs, or other chemicals to the point your normal abilities were impaired

If the prosecution can’t definitively prove those two elements, then you should not be found guilty under 790.151. An experienced defense attorney will closely examine the prosecutor’s evidence to see if it is lacking.

Chemical Testing and Refusal

Under Florida Statute 790.155, you can be required to submit to a chemical breath or urine test for alcohol and drugs if an officer has probable cause to believe you were using a firearm under the influence. This includes breathalyzer or blood alcohol tests. You have the right to refuse the test, but that refusal can be used as evidence against you in court. So its generally best to comply with testing to avoid the refusal being used against you.
You also have the right to request an independent chemical test, like a blood test, after you have been arrested. This can be useful to challenge the results of the police’s tests.

Defending Against the Charge

There are several potential defenses that a skilled attorney may use to fight a charge of using a firearm while under the influence:

• You were not actually “under the influence” – The prosecutor has to prove your abilities were truly impaired, not just that you had consumed some alcohol or drugs. There are ways to challenge those claims.
• No proof you were using the firearm – If you had a firearm on you but there is no evidence you actually used it, this charge may not stick.
• Improper police conduct – If police did not properly administer chemical tests or violated your rights, evidence may be suppressed.
• Self-defense – The law has an exception for using a firearm in self-defense while under the influence. But you have to be able to prove it was truly self-defense.

A knowledgeable defense attorney will evaluate the specifics of your case to figure out the best defense strategy. Don’t just plead guilty without exploring your options!

Finding a Defense Attorney

If your facing charges for using a firearm while under the influence in Florida, its critical that you speak with a criminal defense attorney as soon as possible. Don’t say anything to the police until you have legal representation. A lawyer can advise you on the best defense and work to get the charges reduced or dismissed. When choosing an attorney, look for someone with specific experience defending gun and alcohol charges. This area of law has some nuances, so you want a lawyer familiar with the details. Also consider the lawyer’s track record of success in getting charges dropped or reduced for clients.
Some attorneys to consider include:

• The Law Office of Roger P. Foley, P.A. – Highly experienced West Palm Beach criminal defense firm.
• Sammis Law Firm – Tampa attorneys with great track record on firearms charges.
• Lasnetski Gihon Law – Jacksonville lawyers known for strong defense skills.

Take some time to research different attorneys and find someone you feel comfortable with. The lawyer-client relationship is important, so make sure you choose someone who understands your needs and keeps you informed. Don’t leave anything to chance – get an experienced criminal defense lawyer on your side immediately if your facing these types of charges in Florida.

Conclusion

Getting charged with using a firearm while under the influence can lead to jail time, big fines, and a criminal record if your convicted. But an experienced Florida gun crimes defense attorney can often get charges reduced or dismissed. Know your rights under the law and don’t say anything to police until you have legal representation. Time is of the essence, so consult with a lawyer as soon as possible if faced with this charge. With the right defense strategy, you can move past this incident and get on with your life. Good luck!