Possession of a Handgun While Under the Influence. Guns and alcohol don't mix.

By Joe Lodato

The recent arrest of a Tennessee legislator who had sponsored a bill to allow the carrying of handguns in establishments that serve alcohol bring to light at least two offenses involving alcohol or other intoxicants. State Representative Curry Todd was arrested earlier this month and charged with Possession of Handgun While Under Influence, Tenn. Code Ann. § 39-17-1321, and DUI,Tenn. Code Ann. § 55-10-401, among other charges.

Todd was stopped in October and arrested for DUI. Police found a loaded .38 caliber handgun in his car. Even though Todd has a Tennessee Handgun Carry Permit, which allows him to carry a handgun, possessing a handgun while under the influence illegal in Tennessee. Violation of the statute is a Class A misdemeanor, and a conviction carries with it up to eleven months, twenty-nine days of incarceration or probation and a fine of up to $2,500.00. In addition, violators can have their handgun carry permit suspended for up to three years.

So, before you think of having that first drink, or before you think of reaching for your handgun, remember that the consequences of mixing the two can be severe. If you find yourself being charged with Possession of a Handgun While Under the Influence, it is important to have an experienced Knoxville criminal defense attorney at your side as soon as possible to help minimize the ramifications and to protect your important right to bear arms.