CAN I HAVE A GUN IN MY CAR IF I’VE BEEN DRINKING?

Posted on October 5, 2025 by mdkeenan

You were driving home after a couple drinks at a party when police stopped you.  The officer spotted your gun under the passenger seat.  You have a valid concealed carry license, but now you are facing both a DUI and separate charges for having a gun while under the influence of alcohol.

Can they do that?  What can you do?

Under Illinois law, you cannot carry a concealed firearm while under the influence of alcohol or drugs under the standards set by the DUI law.  Doing so is a Class A misdemeanor for a first or second offense and a Class 4 felony for a third offense.   See 430 ILCS 66/70. Furthermore, the Illinois State Police may suspend your gun license for up to 6 months for a second violation and must permanently revoke your license for a third. This is on top of the charges for the DUI.

If you are charged with this or a similar offense, contact a DUI or criminal law attorney immediately.  An experienced attorney can review your case for its best possible defense.  Did police have a legal basis for the stop and search? If not, an attorney can petition the judge to suppress the evidence from the stop, which in some cases may result in dismissing the charges against you.

Even if the police acted lawfully, the state must still prove all the elements of the offense beyond a reasonable doubt.  Can the state prove you were under the influence?  Were you driving safely, speaking clearly and did you ace the field sobriety tests?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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