Concealed Weapon Alcohol Charges Lawyers in Michigan

Carrying a concealed weapon – alcohol charge is a serious offense.

A permit and license to carry a concealed weapon is a privilege that many citizens of Michigan have received and valued.

Many believe it should be a right to carry a concealed pistol, similar to the Constitutional Second Amendment, “right of the people to keep and bear arms for the defense of himself and state.”

Facing carrying a concealed weapon or other weapons charge? Unhappy with your current attorney? Request a free consultation now.

Although the Constitution doesn’t expressly permit a firearm to be concealed, there’s certainly a strong group that supports gun rights in our country.

But, the state of Michigan eliminates those rights when a person is intoxicated by alcohol, drugs or marijuana.

In fact, the state of Michigan forbids a person from carrying a concealed pistol or Taser while he or she is under the influence of alcohol or any controlled substance.

Similarly, Michigan law states that an individual shall not carry a concealed pistol or Taser while having a BAC above 0.02 grams per 100 milliliters of blood or 210 liters of breath.

There are different penalties attached to different levels of bodily alcohol content or levels of intoxication.

The penalty is a misdemeanor conviction punishable by up to 93 days in jail and automatic and permanent revocation of the license to CCW.

That penalty is the same for carrying a concealed weapon with bodily alcohol content (BAC) of 0.10 or above.

If a person carried a concealed pistol or Taser with a BAC between 0.08 and 0.10, the penalty is a misdemeanor punishable by up to 93 days in jail and the court may order the CCW license be revoked for any period of time but not more than three years.

The court doesn’t have to order any revocation when the BAC is less than 0.10 which is a big difference in penalty as opposed to with a BAC over 0.10.

If a person carried a concealed pistol or Taser with a BAC between 0.02 and 0.08, the penalty is a civil infraction with a fine of not more than $100.

The court may order the license to carry a concealed weapon be suspended for one year.

In the event of this civil infraction, the court does not have to order suspension and most courts don’t although they do have to report the person was found responsible for a second or subsequent violation but not the first violation.

A carrying a concealed weapon – alcohol charge may only be determined by a blood test using a Michigan State Police Blood Alcohol Specimen Collection Kit or with a breath alcohol evidential Datamaster BAC or DMT.

These are the exact instruments that are used in drunk driving prosecutions.

The same DUI defenses of breath and blood alcohol testing apply.

The samples must be collected properly, administered reliably, and interpreted accurately. Plus the instruments must be maintained pursuant to the MSP rules otherwise the results are not valid and reliable.

The persons or officers administrating the breath or blood samples must also be properly trained and qualified.

Anything short, the reliability of the results and accuracy of the results are questionable and very defensible.

Facing carrying a concealed weapon charge? Unhappy with your current attorney? Request a free consultation now.

Before a breath or blood test is requested and administered, the police must notify the person that if the test is refused it may result in the license being suspended or revoked. These rights are called chemical test rights.

Police, especially when also arresting someone for DUI, often neglect to advise the person of their chemical test rights explained above regarding the weapon.

This may be a helpful technicality in certain situations.

There is a locked case transportation exception.

Specifically, if a pistol or Taser is locked in a trunk or, if the vehicle lacks a trunk, locked in a locked container or compartment, this law will not apply to an intoxicated passenger in the same vehicle.

An intoxicated person may also transport a pistol on a boat or train if it’s transported in a locked container or compartment that’s separate from the ammunition for said pistol.

The best advice? Keep your firearm in the trunk if you consumed alcohol before driving.

Similarly, Michigan law also prohibits a person who is intoxicated or has a BAC of 0.08 or more, from possessing or discharging a firearm regardless of whether it’s concealed.

The penalty is a misdemeanor punishable by jail for up to 93 days. If the offense results in a serious injury to a person the penalty is a felony punishable by up to five years in prison.

If the offense results in death, the penalty is a felony punishable by up to 15 years in prison.

This law doesn’t apply to constructive possession of the firearm in a home because the Michigan Supreme Court has ruled that this is a violation of the Second Amendment of the United States and Michigan Constitutional right to bear arms in your home for protection.

Constructive possession means the weapon wasn’t directly located on a person but in the immediate area like a closet or drawer.

To interpret the statute otherwise would mean that a person who had a pistol at their home would not be allowed to drink alcohol to the point of intoxication or have a BAC over 0.08.

Facing carrying a concealed weapon charge? Unhappy with your current attorney? Request a free consultation now.