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
Former 3M scientist who made unsettling PFAS discovery says bosses deceived her
Gee - What a surprise... When a former 3M scientist discovered the company’s chemicals were in human blood in the general population, she says her bosses misled her to believe it was harmless.3M accused of deceiving its own scientist about PFAS in human blood Hansen...
Drones – What Drones?
Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...
Other Articles
MI Court of Appeals – MRTMA defense denied dismissal
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
Carrying a Concealed Weapon in Michigan
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
