R.C. 2923.15 makes it a first-degree misdemeanor to carry or use a firearm or dangerous ordnance while under the influence of alcohol or drugs. Unlike CCW, lawful possession is no defense — the offense is the combination of a firearm and intoxication. The State must prove both actual possession/use and that you were under the influence.
Impairment in these cases is often inferred from limited observations rather than chemical testing, leaving real room to contest whether the “under the influence” element is met.
How Ohio Classifies & Punishes Using Weapons While Intoxicated
| Circumstance | Classification | Exposure |
|---|---|---|
| Using/carrying a firearm while intoxicated | Misdemeanor 1 | Up to 180 days; up to $1,000 |
How We Defend Using Weapons While Intoxicated Charges
An arrest is an accusation, not a verdict. Our defense of a using weapons while intoxicated charge begins with the questions the State would rather not answer:
- Whether the State can prove you were actually “under the influence.”
- Whether you carried or used the firearm as alleged.
- Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
- Whether the police had a lawful basis for the stop, the detention, or the encounter that led to the charge.
- Whether observations of impairment are reliable.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to using weapons while intoxicated cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Using Weapons While Intoxicated — Common Questions
Can I be charged even if the gun was legal?
Yes. R.C. 2923.15 punishes carrying or using a firearm while intoxicated regardless of whether possession was otherwise lawful. The charge focuses on the combination of a firearm and impairment.
How does the State prove intoxication here?
Often through officer observations rather than a chemical test, which leaves the 'under the influence' element genuinely contestable. We challenge whether impairment is actually established.
Is this a felony?
No — it's a first-degree misdemeanor. But it's still a weapons conviction with collateral firearm consequences, so it's worth defending carefully.
Talk to a Weapons Offenses Defense Attorney Today
If you or someone you love is facing a using weapons while intoxicated charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.