Being accused of using a firearm while under the influence of alcohol, drugs, or other substances can not only lead to criminal penalties but also tarnish your reputation. Florida law enforces strict regulations on firearm usage to prioritize public safety. However, these charges are not always straightforward, and a solid defense strategy could help reduce or dismiss the charges entirely.
The firearm defense lawyers at Metcalf Falls, Criminal Defense Attorneys, P.A., understand you need legal help. We are ready to hear your story and get started. Call (813) 258-4800 to schedule your free consultation.
Why is it Illegal to Drink & Use a Gun in Florida?
Under Florida Statute 790.151, it is unlawful to use a firearm while under the influence of alcoholic beverages, controlled substances, or other intoxicants when one’s normal faculties are impaired. Here’s a breakdown of the critical elements of this statute:
What is Considered “Using a Firearm”?
The statute defines “using a firearm” as discharging a firearm or having a firearm readily accessible for immediate discharge. This means that the firearm must be loaded and in your hand. Simply carrying an unloaded firearm does not meet this threshold.
When Am I Considered Impaired?
Impairment under this statute involves being under the influence of alcohol, chemical substances (as listed in Florida Statute 877.111), or controlled substances to the extent that normal faculties are impaired.
What Are the Penalties for Impaired Use of a Firearm?
Violating this law is classified as a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine. While this may seem like a minor offense compared to other firearm-related charges, the collateral consequences, such as impacts on your record and firearm rights, can be severe.
Are There Exceptions for Self-Defense?
The law includes an exception for individuals who are using a firearm while under the influence if they are acting in lawful self-defense or in defense of their property.
What Do Prosecutors Need to Prove in a Firearms Case?
For a conviction under Florida Statute 790.151, the prosecution must establish two main elements beyond a reasonable doubt:
- The defendant used a firearm, meaning they discharged it or had it loaded and in hand.
- At the time of use, the defendant was under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties were impaired.
These elements may seem straightforward, but proving them in court is not always easy. A strong defense can challenge the evidence or present mitigating factors to create doubt.
How Do I Defend Against Firearm Usage While Impaired?
At Metcalf Falls, we believe every client deserves a robust defense tailored to their unique circumstances. Here are some potential defenses for cases involving firearm usage while under the influence:
You Were Acting in Self-Defense or Defense of Property
Florida law explicitly allows an exception for individuals acting in lawful self-defense or defense of their property. If you were under the influence but used the firearm to protect yourself from harm, this could serve as a valid defense.
You Were Not Impaired
Prosecutors must prove that your faculties were impaired at the time of the alleged offense. Evidence such as a low blood alcohol concentration (BAC) or witnesses confirming you were not impaired could challenge the prosecution’s case.
You Did not “Use” The Firearm
If the firearm was not discharged or was not readily accessible for immediate discharge (e.g., unloaded or in a locked case), you may not meet the criteria for “using” a firearm under the statute.
Law Enforcement Conducted Unlawful Testing Procedures
If law enforcement conducted chemical or breath tests improperly, the results may be inadmissible. Challenging the validity of these tests can weaken the prosecution’s case significantly.
There Was No Probable Cause for Arrest
If the arresting officer lacked probable cause to detain you or request a test, any evidence collected during the stop may be suppressed.
The Gun Was Fired By Accident
If the firearm was discharged unintentionally, it may not meet the threshold for wanton or reckless use required by the statute.
What Are the Penalties & Long-Term Consequences of Impaired Use of a Gun?
A second-degree misdemeanor may seem like a minor offense, but the consequences of a conviction can extend far beyond fines or jail time. Here’s what you could face:
- Criminal Record: A conviction will appear on your criminal record, potentially impacting future job opportunities, housing applications, and even professional licenses.
- Firearm Restrictions: A conviction could affect your right to possess or purchase firearms in the future.
- Social Stigma: Gun-related offenses can lead to societal judgment and damage to personal relationships.
- Probation Requirements: In addition to jail time or fines, you may be required to complete probation with strict conditions, including mandatory substance abuse counseling or firearm safety courses.
FAQs About Impairment and Firearm Charges in Florida
Can I be charged if the firearm was in my car but not in my hand?
No. To be charged under Florida Statute 790.151, the firearm must be readily accessible for immediate discharge, meaning it must be loaded and in your hand.
Does this law apply to law enforcement officers?
Generally, law enforcement officers acting within the scope of their duties are exempt. However, off-duty officers under the influence may still be charged.
Can I refuse a chemical or breath test if I am arrested?
Yes, you can refuse a chemical or breath test, but your refusal may be used against you in court as evidence of impairment. Additionally, Florida law allows law enforcement to request mandatory blood tests in cases involving serious injury or death.
How can I prove I was acting in self-defense?
Evidence such as witness statements, surveillance footage, or physical injuries can support your claim of lawful self-defense.
Does this charge affect my concealed carry permit?
Yes. A conviction for using a firearm while under the influence could result in the suspension or revocation of your concealed carry permit.
Can I still face charges if I was on private property?
Yes. The statute applies regardless of whether you are on public or private property. If you are impaired and use a firearm, you could still be charged.
How Metcalf Falls, Criminal Defense Attorneys, P.A. Can Help
Facing charges under Florida Statute 790.151 can feel overwhelming, but you don’t have to navigate the legal system alone. At Metcalf Falls, we bring years of experience in defending firearm-related charges to help clients secure the best possible outcomes.
Our team will:
- Investigate the circumstances of your arrest.
- Challenge the validity of chemical or breath tests.
- Present evidence to support defenses like self-defense or lack of impairment.
- Negotiate with prosecutors to reduce or dismiss charges.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a conviction involving firearms is the best way to protect your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the greatest chance of challenging these charges. A firearms conviction could strip you of your rights. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Call a Tampa Gun Crimes Lawyer Today
Don’t let one mistake define your future. Contact Metcalf Falls, Criminal Defense Attorneys, P.A. today to schedule a confidential consultation and begin building your defense. Our experience in the Hillsborough County court system give you a strong chance at getting charges dropped or reduced.
Call (813) 258-4800 or fill out our contact form to schedule your free consultation.
