Carrying a weapon while intoxicated (CWI) is a big deal in Texas. If you’re caught carrying a firearm or any other weapon while under the influence of alcohol or drugs, you could end up facing penalties, from hefty fines to potential jail time.
Definition of carrying a weapon while intoxicated
In Texas, “carrying a weapon while intoxicated” is defined under Section 46.035 of the Texas Penal Code. It prohibits individuals from carrying a handgun or any other firearm in public places while intoxicated, whether by alcohol, drugs, or a combination of both. This applies not just to concealed handguns but to any weapon carried in public places where firearms are generally allowed.
Legal consequences of carrying a weapon while intoxicated
If you are caught carrying a weapon while intoxicated, you can face a Class A misdemeanor charge. This means you could face up to one year in jail, a fine of up to $4,000, or both. If you have a previous conviction for this offense, you may face other legal consequences, such as being charged with a felony. This could result in harsher penalties, including longer jail time and higher fines.
Defenses to carrying a weapon while intoxicated
While carrying a weapon while intoxicated is a serious offense, there are potential defenses that may reduce or eliminate charges. One of the most common defenses is that the weapon was not being carried at the time you were intoxicated, or that the firearm was not in public. Another defense could be proving that you were not aware of your intoxicated state or that you were not intentionally carrying the weapon in violation of the law.
It’s important to note that this offense applies to all types of weapons, not just firearms. Even if you’re carrying a knife or another object used as a weapon while intoxicated, you could still face serious consequences.
How to avoid gun charges
Understanding the laws around carrying a weapon while intoxicated can help you avoid this charge in the first place. If you do find yourself in this situation, it’s important to take it seriously and seek legal help to make sure you get the best possible outcome.