Carrying a Concealed Weapon Under the Influence in Michigan
In Michigan, an individual may have a permit and license to carry a concealed weapons, which is a privilege highly regarded under the Second Amendment to the United States Constitution.
However, it is illegal for an individual to carry or possess a concealed pistol on their person or in their car while they have a BAC of .02 or above or are under the influence of a controlled substance. A person who has a Concealed Pistol License (CPL) has given their implied consent to submit to a chemical test if they are suspected of violating this law.
Penalties for Carrying a Concealed Weapon Under the Influence
An individual who violates this law is subject to immediate seizure of their pistol and severe penalties: A BAC of .02 to .07 is a civil infraction which may involve a $100 fine and up to one year revocation of the CPL. A BAC of .08 to .09 is a 93-day misdemeanor and an individual may receive a $100 fine and up to a three year revocation of their CPL. If a person has a BAC of .10 or more, that person can be found guilty of a 93-day misdemeanor and be fined $100 and have their CPL permanently revoked. A 93-day misdemeanor means that a person can serve up to 93 days in jail, depending on the facts and circumstances of the case and that person’s prior criminal history.
There are exceptions to this law. A person who is licensed to carry a concealed pistol who has a BAC of .02 or more may transport the pistol in the locked trunk of his or her motor vehicle, or in another motor vehicle in which he or she is a passenger, or in a locked compartment or container separate from the ammunition if the vehicle does not have a trunk. While a person can transport the pistol with a BAC of .02 or more, that does not give the person the authority to take the pistol out of the trunk or locked compartment while still under the influence of drugs or alcohol.
Contact Our OWI Defense Attorneys Today
Being charged with carrying a concealed weapon under the influence in Michigan can be scary and traumatic. Our DUI attorneys are also very aware of the fact that it is not the end of the road. We represent our clients vigorously to challenge your charges, and to protect you throughout every step of the process should you be charged with a drunk driving offense.
For unrivaled legal direction and representation, contact us now online. We provide a free evaluation or call our toll-free number 24/7 at 1-800-342-7896.