How Does DUI Offense Affect Hunting Ability?
If you ever have a DUI charge or convicted of the same, you may be wondering how it will influence your hunting abilities, if at all. The California Department of Fish and Wildlife (CDFW) has a number of hunting laws in effect. These laws may make you wonder if a DUI conviction could prevent someone from hunting, particularly with a handgun. Only a DUI lawyer can explain this to you better.
A misdemeanor offense
The California Department of Fish and Wildlife (CDFW) or the federal government currently has no restrictions to prohibit persons who have been convicted of a regular DUI and/or are currently on DUI probation from hunting with a rifle. A misdemeanor DUI conviction has no bearing on one's capacity to own, possess, purchase, or manage weapons. As a result, hunting while under the influence of a misdemeanor DUI causes little to no problems.
When hunting while on probation for a DUI, keep in mind that any breach of hunting license requirements and restrictions could result in a violation of the "follow all law" section of the probation.
While a misdemeanor DUI charge does not preclude you from hunting, if the DMV suspends your driver's license as part of the process, you may be barred from getting weapons in the future. This could serve as an indirect deterrent to hunting when under the influence of alcohol. This potential stumbling block comes from state laws rather than the issuing agencies. To acquire and/or receive firearms, these state laws demand a valid I.D.
A Felony Offense
A felony DUI charge presents a unique set of circumstances. If you are charged with a felony DUI, you will face particular restrictions that will bar you from not only hunting but also from possessing a firearm. A felony DUI prevents a person from legally purchasing and/or possessing weapons.
So, what exactly is a felony DUI? A DUI in California is upgraded to a felony DUI if:
It's your fourth DUI in ten years.
You injure or inflict substantial injury to another person.
You get another DUI while already having a felony DUI conviction on your record.
Another person died as a result of your DUI.
Fugitive from the Law
Any person who fails to comply with court orders and/or fails to appear in court is characterized as a fugitive from justice. They're also known as people who have arrest warrants issued against them. If you are designated as a fugitive from justice, you will lose your right to bear arms. Whether the underlying offense is a misdemeanor DUI or not, this is the outcome. Being a fugitive from justice in connection with a case makes you a "prohibited person" under state and federal statutes. A person's right to possess, purchase, and control a handgun is effectively taken away when they are categorized as a "prohibited person."
See us at Handley Law Center in OKC. Against a felony charge you will not be able to keep a firearm and there would be other restrictions. Ask our DUI lawyer for more assistance.
**Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.