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
Michigan Supreme Court and Court of Appeals Cases – Felon in Possession
Case Summary In People v Hughes, the defendant challenged Michigan’s felon‑in‑possession statute on Second Amendment grounds. He argued the law was unconstitutional both on its face and as applied to nonviolent offenders. The Court of Appeals rejected both...
Michigan Supreme Court and Court of Appeals Cases – Controlled Substances
Case Summary In People v Soto (COA) the defendant faced a felony charge after an 85‑pound shipment of marijuana was delivered to her home. She argued that the Michigan Regulation and Taxation of Marihuana Act (MRTMA) shielded her from felony prosecution because the...
Other Articles
Bad Ranking For Transparency in the Michigan Justice System
by Wes Smith, president, MPA Board of DirectorsPublisher View Newspaper Group When there was a change in leadership in Michigan’s legislature earlier this year, hope rose again in the hearts of citizens who want a more transparent state government. Maybe, it was...
Ohio voters say yes to legal recreational cannabis
Recreational marijuana has been legalized in Ohio as voters overwhelmingly approved State Issue 2 on Tuesday. This groundbreaking decision now enables adults in Ohio to legally experience the advantages of marijuana for recreational purposes. “Marijuana is no longer a...
Smell of Marijuana is Not Enough to Search Your Vehicle or is it?
The Smell of Marijuana and the Court of Appeals Body camera footage is an invaluable resource for courts facing suppression motions, but it rarely serves as a stand-alone source of information about a warrantless search or seizure. Here, the trial court was hamstrung...
Commission Votes For Retroactive Sentencing
U.S. SENTENCING COMMISSION VOTES TO ALLOW RETROACTIVE SENTENCE REDUCTIONS AND ANNOUNCES ITS NEXT SET OF POLICY PRIORITIESVote Authorizes Judges to Reduce Sentences for Eligible Incarcerated Persons Beginning February 1, 2024 Should Guidelines Become...
