In Madison, Wisconsin, an OWI involving a gun in the vehicle could not only face drunk driving penalties, but also an intoxicated possession penalty: a maximum fine of $10,000 and/or up to 9 months in prison.

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In Wisconsin Intoxicated possession of a firearm is a Class A misdemeanor.  Penalties include: 

• Maximum of nine months in jail;
• Maximum fine of $10,000; or,
• Both.

Possession of a Firearm While Intoxicated: What You Need to Know

Did you know that even with a concealed carry permit, you can still get a ticket depending on your actions with the firearm?  For instance, if you are pulled over for Operating While Intoxicated, and your firearm is in the glove box, you can be changed with the crime of being in possession of a firearm while intoxicated, even though you never touched it.

Under Wisconsin concealed carry law, there are very strict restrictions of carrying a weapon while under the influence of drugs or alcohol. You may know it referred to as "intoxicated possession of a firearm." However, the actual charge is “Endangering Safety by Use of a dangerous Weapon While IntoxicatedF” Wisconsin Statute Section 941.20(1) (b).

You may be asking yourself, I never touched my firearm, how can they still charge me?

How Gun Charges Get Paired with Drunk Driving

A common way to be charged with this is during an arrest for drunk driving.   During the stop, you may have been very polite and cooperative with the officer and warned them that you are a concealed carry permit holder and there is a firearm in the glove box or under the seat.  As a reward for cooperation and honesty, you will like be facing an additional charge that leaves you with exposure to jail time. 

The reason behind being charged when you are not even touching the weapon is because of Wisconsin’s “constructive possession” law.  This law means that if you are aware of the presence of the firearm and it is within reach or “lunging distance” then by law it is considered the same effect as if you were touching it.  Therefore, the firearm being in the glove box or under the seat means you can be charged as though you were in possession of the firearm while intoxicated.

Wisconsin Law and How It Plays Out

Law enforcement and prosecutors around the state have discretion in charging different crimes depending on the circumstances.  Over the last few years, we have seen many different District Attorney’s Offices tend to charge people criminally more and more, seeking criminal convictions under the circumstances.

If you are charged with intoxicated possession of a firearm, it is critical that you hire a law firm that is knowledgeable and familiar with handling those kind of cases.  Our firm has a strong track record of fighting gun charges and winning, even before a jury of your peers, and forcing charges to be dismissed based on illegal searches.  Hire a firm that has the success and knowledge to best help you with a record to prove it. 

OWI Charge + Concealed Carry Violation

If you are drunk driving and get stopped by the police, you will be charged in Wisconsin with Operating While Intoxicated (OWI). It is commonly referred to be the public as a DUI or DWI. The officer will have the right to search the vehicle under search incident to arrest.  If you are also in possession of a firearm, whether on person or in vehicle, and you tell the officer there is no gun, you can be charged with obstruction of justice.  The ability to beat this charge is a reason to consult a criminal defense attorney for.  

Disorderly Conduct (Armed with a Dangerous Weapon) Charges

Disorder conduct can be somewhat of a catch-all charge for incidents that do not fall into an exact category.  During your free initial consultation, you and one of the knowledgeable Grieve Law LLC attorneys can discuss whether you were within your rights as a concealed carry permit holder.