CARRYING A DANGEROUS WEAPON WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS UNLAWFUL

Carrying a Dangerous Weapon Under the Influence in Utah

Carrying a dangerous weapon while under the influence of drugs or alcohol is a crime in Utah, governed by Utah Code 76-10-528. While Utah laws allow responsible firearm ownership, carrying a weapon while impaired can result in criminal charges, even for those with valid medical prescriptions or marijuana cards.

Here’s what you need to know about carrying a dangerous weapon under the influence in Utah, including exceptions, penalties, and how to clear your record.

2023 Updates to Utah Code 76-10-528

In recent years, Utah legislators clarified and amended the law regarding carrying dangerous weapons under the influence:

1. Marijuana and Prescription Drugs Exception
   • As of 2023, carrying a firearm while using prescribed medications or legal medical marijuana is no longer a crime, provided you are taking them as directed by your physician.
2. Self-Defense Exception
   • The statute allows intoxicated individuals to defend themselves, others, or property under Utah’s self-defense laws.
3. Home and Encased Firearm Exception
   • It is not illegal to carry a weapon while intoxicated if:
     • You are in your own home.
     • The firearm is securely encased and not accessible.

What is Considered a Dangerous Weapon in Utah?

Utah defines “dangerous weapon” broadly under Utah Code 76-10-501. It includes:

• Firearms: Guns are always classified as dangerous weapons.
• Objects Capable of Serious Harm: Any object used in a way that could cause death or serious bodily injury (e.g., baseball bats, knives, or even tools).

Factors determining whether an object is a dangerous weapon include:

• Location and circumstances of use.
• The object’s primary purpose and manner of use.
• Potential threats to public safety.

Penalties for Carrying a Dangerous Weapon Under the Influence

Carrying a dangerous weapon under the influence is classified as a Class B misdemeanor in Utah, with penalties including:

• Fines: Up to $1,000.
• Probation: Generally 12 months of court or informal probation.
• Forfeiture of Weapon: The weapon involved may be permanently seized.
• Max Jail Time: Up to 6 months in county jail, though first-time offenders rarely face jail time.

Expunging a Conviction for Carrying Under the Influence

If convicted, you may be eligible to expunge the charge after completing probation. Here’s how:

1. Waiting Period:
   • Class B Misdemeanor: A 4-year waiting period starts after successful completion of probation.
   • 402 Reduction: Reduce the charge to a Class C Misdemeanor to shorten the waiting period to 3 years.
2. Sentence Reduction (402 Motion):
   • Utah Code 76-3-402 allows a one- or two-grade reduction of a conviction with judicial approval.

How a Utah Weapons Attorney Can Help

Navigating Utah’s firearm and weapons laws can be complex. An experienced attorney like Jake Gunter can:

• Advocate for sentence reductions or dismissals.
• Protect your rights under self-defense laws.
• Assist with expungements to clear your record.

Related Firearm Offenses in Utah

In addition to carrying under the influence, Utah regulates other firearm-related activities, including:

• Discharge of Firearms: Utah Code 76-10-508.1
• Possession on School Property: Utah Code 76-10-505.5
• Firearms by Restricted Persons: Utah Code 76-10-503

Call/Text Jake Gunter for a Free Consultation

If you’ve been charged with carrying a dangerous weapon under the influence in Utah, don’t face the legal system alone. Attorney Jake Gunter has the experience to help you navigate these charges and achieve the best possible outcome.

• Phone/Text: (801) 373-6345
• Free Consultations: Get expert advice tailored to your case.

Conclusion: Protect Your Rights

Understanding Utah’s laws for carrying a dangerous weapon under the influence is essential to avoid severe penalties. If you’re facing charges, contact Attorney Jake Gunter for a free consultation and take the first step toward protecting your future.

Take Action Now

Don’t let a weapons charge impact your life. Call or text Jake Gunter today for legal assistance with your case.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.