Using a Firearm While Under the Influence
Using a firearm while under the influence is defined in Florida Statute Section 790.151. To prove the crime of Using a Firearm While Under the Influence, the State must prove:
1. You used a firearm, and
2. You were under the influence of an alcoholic beverage or any chemical substance, or any controlled substance when affected to the extent that your normal faculties were impaired, when using the firearm.
"Readily accessible" means loaded and in a person's hand.
A conviction for Using a Firearm While Under the Influence can result in up to 60 days in jail.
Common defenses to Using a Firearm While Under the Influence include:
- You were not under the influence and your normal faculties were not impaired.
- You were not using the firearm as defined by statute. This usually encompasses whether the firearm was readily accessible.
- The State lacks evidence to establish you used the firearm or were impaired. For example, the State's main evidence may be the testimony of one witness who may not be credible.
- Other defenses may be case specific. Call us to discuss the facts of your case.
Using a Firearm While Under the Influence,
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