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
Legal Help
If you’re facing charges for a firearm offense while under the influence of alcohol or a controlled substance in Michigan, it’s essential to seek legal counsel immediately. A trained and experienced DUI attorney can provide guidance potentially helping to mitigate penalties or even challenge the charges.
Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993. Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.
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
Recent
Gun buyback program – Michigan
There's another bounty to be claimed besides turning in your neighbor.Defined here in HB6144 can mean so many things... “firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosiveEntrepreneurs get...
Sextortion – Michigan
Sextortion - Extortion with an S.Michigan House Bills 5887 and 5888 make sextortion illegal in Michigan. The law defines sextortion as a threat to create or disseminate sexually explicit images or videos of another person to coerce them. The new law makes a first...
Other Articles
The MSP is Concerned About Your Privacy (Biometric Information)
Is the Michigan State Police really concerned about your DNA / biometric privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and...
The MSP and Your Privacy (Criminal History)
Is the Michigan State Police really concerned about your criminal history privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and...
The 6th Amendment – Do You Know What It Is?
The 6th Amendment: is it still a thing?The 6th Amendment to the United States Constitution is a crucial pillar of the Bill of Rights, designed to ensure fair and just legal proceedings for individuals accused of crimes. Ratified on December 15, 1791, this amendment...
The US Supreme Court and Federal Gun Law Cases
The US Supreme Court and Federal Gun Law CasesChallenges to Federal Gun Laws the right of the people to keep and bear Arms, shall not be infringed Updated July 8, 2024 Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the...
