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 doesn’t 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.
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.
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.
Over Two Decades of Legal Experience With Michigan DUI laws and Other Practice Areas
We’ll Tackle Even The Most Challenging Cases and Refuse To Back Down
We Have a Successful Track-Record Obtaining Favorable Outcomes For Our Clients
Our Seasoned Trial Lawyers Aren’t Afraid To Go To Court & Fight For Your Rights
From Our Clients
50+ Reviews, 5 Star Ratings
Stop your Google search, pick up the phone and retain the services of the best criminal defense team in the state of Michigan. When you hire Barton Morris to represent you, you should be confident in knowing that the lawyers on his team will fight for your legal rights in every way possible. Mr. Morris and his associates legal knowledge is unsurpassed bar none. Although my case was unique, having been on the lam for sixteen years, Mr. Morris was able to prove that the lack of evidence was detrimental to the prosecution and all charges were dismissed. Mr. Morris happened to be the second lawyer that I contacted. The first lawyer said he would take my case for a $10K retainer fee and that I had a long road ahead of me. The next day, I contacted Mr. Morris and knew from our first conversation that I was in good hands with his representation. Stop shopping around and hire Barton Morris today!