At Barone Defense Firm, we frequently represent clients facing serious consequences for carrying a concealed pistol while under the influence in Michigan. These cases often go hand and hand with an OWI drunk driving charge.
Michigan citizens holding a Concealed Pistol License (CPL) are legally permitted to carry a handgun on their person and may also carry a pistol inside the passenger compartment of their vehicle. However, as you might expect, you may not carry a concealed weapon (or open carry) while under the influence of alcohol or a controlled substance or a combination of both.
Michigan law does require that a police officer have probable cause before asking you to submit to chemical analysis of your breath blood or urine. If the officer is asking for a preliminary or portable breath sample, then the law also requires that the police first read to you some information about your rights, including that you can refuse but if you do the officer is likely to get a warrant for your blood and that if you do refuse then your CPL may be suspended or revoked.
Most people have heard of implied consent in the context of drunk driving. Michigan, along with every other state, requires you to submit to chemical testing on the reasonable request of a police officer having reasonable cause to believe you are driving under the influence. A failure to do so, meaning if you refuse, will result in your driver’s license being suspended.
Similarly, you are required by Michigan law, as a CPL holder, to submit to a chemical test when carrying a weapon. This is because, under MCL 28.425k, a person who has accepted a concealed weapon license impliedly consents to testing. Because you have the right to withdraw this consent, the police officer must read to you certain rights before testing. If you refuse, however, even though it’s your right to do so, your CPL will be suspended for 6 months. And the officer is likely to get a warrant too.
If a person submits to chemical testing, they may have a similar test done by a person of their choosing. If the person refuses, the officer shall promptly report the refusal to the concealed weapon licensing board. If person submits to a test and any bodily alcohol is found while carrying a concealed weapon, the officer shall promptly report the violation in writing to the licensing board.
In addition to ramifications to your CPL, it is also a crime to carry a weapon under the influence. The type of crime and the corresponding length of CPL suspension, will depend on the amount of alcohol found in your system. The statute, at subsections (2)(a)–(c) and (7) of the statute, provides:
Even low-level alcohol consumption while carrying concealed triggers penalties to protect public safety. As with criminal penalties, Penalties scale with your bodily alcohol content (BAC) while carrying concealed, per MCL 28.425k:
| BAC Level | Offense Type | Maximum Fine | Maximum Jail Time | CPL Impact |
|---|---|---|---|---|
0.02 – 0.07 | State Civil Infraction | $100 | None | 1-Year Suspension |
0.08 – 0.09 | Misdemeanor (93-day) | $100 | Up to 93 days | 3-Year Revocation |
0.10+ or Under the Influence (regardless of BAC) | Misdemeanor (93-day) | $100 | Up to 93 days | Permanent Revocation |
Courts report violations to the Concealed Weapon Licensing Board, which enforces suspension/revocation via the Law Enforcement Information Network (LEIN). Refusing a chemical test after implied consent warning adds a separate 6-month CPL suspension and $100 fine.
“Carrying” means the pistol is on your person or readily accessible (e.g., in a vehicle glove box). Proper transport (unloaded, locked trunk, ammo separate) avoids the violation even if impaired.
Direct answer: Yes, many charges are reduced, dismissed, or won at trial. Common defenses include:
Our attorneys review body cam footage, police reports, test records, and witness statements to build a strong defense. We have successfully avoided permanent CPL loss for clients in similar cases.
Refusal is a state civil infraction ($100 fine) and triggers an automatic 6-month CPL suspension (MCL 28.425k). Police can seek a warrant for a forced blood draw. Always consult an attorney before deciding refusal often complicates defenses.
Yes, if you follow strict rules. Unload the pistol, separate ammunition, and store it in a locked trunk (or locked compartment inaccessible from the passenger area if no trunk). Do this before consuming alcohol. Accessing or carrying it while impaired violates the law.
Common Risks and Real-World ScenariosEven “just one or two drinks” can lead to devastating outcomes:
The safest rule: Secure your firearm before any alcohol. If charged, prompt legal action improves outcomes significantly.
This legal term means that because of consuming alcohol or drugs your ability to operate a firearm has been substantially lessened. Like drunk driving, there is also a “per se” element or legal limit to carrying a firearm, and a violation results in suspension of your CPL. Consequently, it is unlawful to carry a firearm if your Bodily Alcohol Content (BAC) is at or above .02%.
This is about the amount of alcohol in one unit of alcohol. A unit of alcohol is a 12 oz 5% beer, one 5 oz 12% wine or one 1.5oz 80 proof liquor.
Automatic 6-month CPL suspension, $100 fine, and police may obtain a warrant for testing (MCL 28.425k).
No, separate offenses. CPL penalties apply even if not driving, but OWI charges can stack if operating a vehicle.
Permanent revocation terminates the license. Reapplication may be possible after any court-ordered period, but approval is discretionary. An attorney can assist with petitions for restoration where eligible.
Stay calm, immediately disclose your CPL and that you're carrying (required by MCL 28.425f), follow instructions, and assert your right to remain silent beyond disclosure. Do not consent to searches without a warrant. Call an attorney ASAP.
Yes, many are, especially with weak evidence or procedural errors. Experienced representation makes the difference.
If you're facing concealed weapon under the influence charges in Michigan, don't wait. Contact Barone Defense Firm today for a free, confidential consultation. Our attorneys have decades of experience defending firearm-related and DUI cases statewide. Call (248) 306-9158 or fill out our contact form now.
Content accurate as of January 2026. Laws subject to change; consult an attorney for your specific situation. References: MCL 28.425k, Michigan State Police Concealed Pistol Licensing guidance.