Is It Illegal to Carry a Firearm While Under the Influence?


As a responsibly armed American, you might sometimes wonder if you can drink alcohol while you’re carrying your firearm. What does it mean to be under the influence? And how will that affect your self-defense case? Former state prosecutor Tom Grieve will answer those burning questions for you.

When Am I Considered ‘Impaired?’

The level of intoxication can vary by jurisdiction. In some places, a DUI is a .08; in others, it may be a .05. But your level of impairment is going to be different than someone else’s level of impairment. In fact, most states don’t focus on a “legal limit.” Instead, prosecutors will look at if you’re materially impaired (i.e. do you look and act drunk?).

You should also keep in mind that impairment isn’t limited to alcohol or even drugs off of the street. You can be considered intoxicated for something you have a prescription for. You should look into the laws in your jurisdiction to keep yourself out of trouble.

About Tom Grieve

Tom Grieve is a highly awarded former state prosecutor who started Grieve Law, LLC, which is now one of the largest criminal-defense firms in Wisconsin. He is respected as one of the top criminal-defense lawyers in the state and has developed a nuanced understanding of Wisconsin firearms laws throughout his years of experience. Although Tom’s legal background speaks for itself, he has gone above and beyond the call of duty, receiving his certification as a firearms instructor, participating as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serving as a speaker and analyst on numerous radio stations, television stations, and both college and law school campuses.

The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.


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