Carrying a Firearm Under the Influence of Alcohol in Michigan

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of Alcohol or Controlled Substance

An individual shall not

• An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology while under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content of .02 BAC or above.

Implied Consent

• Acceptance of a Michigan Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test to detect use of alcoholic liquor or a controlled substance.

Probable Cause

• A police officer who has probable cause to believe an individual is carrying a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance or while having an unlawful bodily alcohol content may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.

Penalties

• An individual carrying a concealed pistol or EMD device with a prohibited BAC is subject to immediate seizure of his or her pistol and the following penalties:

• • BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
  • BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
  • BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.

What you can do when you’re under the influence.

An individual who has an unlawful bodily alcohol content may do the following:

• Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
• Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
• Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
• Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.

And… Then when you get pulled over for DUI they will take it anyway. That’s when you need more than just average legal help.

See CPL stats report below

Michigan CPL Report Stats 

More detailed Reasons for Approvals/Denials/Charges

• CPL Charges 2022-2023 Michigan Statewide Stats
• CPL – Michigan Statewide Stats (All years)
• CPL – Prohibited Premises

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