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

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

 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Recent

What Happens When the Government Takes Your Property?

What Happens When the Government Takes Your Property?

Can the police sieze your belongings and hold it without charging you with a crime?Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime.  This can happen even if the owner...

read more

Defending Against Criminal Sex Charges

Defense against false accusations of Criminal Sexual Conduct (CSC) in MichiganDefending against a false accusation of Criminal Sexual Conduct (CSC) in Michigan is a serious matter and requires a well-prepared legal strategy. Here are several steps you should take to...

read more

Other Articles

New Laws in Effect for Michigan in 2025

New Laws in Effect for Michigan in 2025

Some laws in effect in 2025 "Enacted by the People of Michigan" Here we go...Minimum wage Improved Workforce Opportunity Wage Act - Michigan's minimum wage will increase twice during 2025, per a 2018 Supreme Court ruling. Starting Jan. 1, 2025, the standard minimum...

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

Feeling Bullied? Here’s Michigan’s Anti Bullying Laws.

Feeling Bullied? Here’s Michigan’s Anti Bullying Laws.

Michigan Anti-Bullying Laws & Policies Components of State Anti-Bullying Laws and Regulations How are bullying and cyberbullying defined in Michigan anti-bullying laws and regulations?   Michigan anti-bullying laws and regulations include the following...

Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This