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Concealed Weapon Under the Influence Charges

Michigan citizens holding a Concealed Pistol License (CPL) are legally permitted to carry a handgun on their person. A person cannot carry a concealed weapon while under the influence of alcohol or a controlled substance or a combination of both. However, it is illegal to carry a firearm if your BAC is at or above .02% or if you are under the influence of a controlled substance—even if you hold a CPL.

A police officer must have probable cause in order to require someone to submit to chemical analysis. Prior to requiring someone to submit to a chemical test, the officer must inform the individual: 1) has right to refuse, 2) officer may obtain court order requiring that he/she submit 3) refusal may result in suspended or revoked concealed weapon license.

Implied Consent for CPL Holders

Under MCL 28.425k, a person who has accepted a concealed weapon license consents to implied consent. When you drive on Michigan roadways as a licensed driver, you have given implied consent to submit to chemical testing if a law enforcement officer suspects you of drunk driving. The same is true for Concealed Pistol License holders.

Michigan's firearms law states that by accepting a CPL, you give consent to submit to a chemical test of your breath, blood, or urine if an officer suspects you of carrying while intoxicated.

If 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.

Penalties for Carrying Under the Influence

If the person is under the influence of alcoholic liquor or a controlled substance or a combination of both or had bodily alcohol content (BAC) of .10 or above:

  • Misdemeanor (93 days a/o $100 max)
  • Court orders concealed weapon licensing board to permanently revoke license. Licensing board shall revoke upon order from the court.

If BAC is .08 or more but less than .10:

  • Misdemeanor (93 days a/o $100 max)
  • Court may order concealed weapons licensing board to revoke but not more than 3 years.

If BAC .02 or more but less than .08:

  • State civil infraction $100 max
  • Court may order licensing board to revoke the license for 1 year. CWLB shall revoke upon court order.

*Under this statute, a properly licensed person who has any bodily alcohol content may transport that pistol in the locked trunk or if the vehicle does not have a trunk, it may be transported as long as it is unloaded in a locked compartment or container separate from the ammunition or on a vessel if it is unloaded in a locked compartment separate from the ammunition.

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