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Drinking and Guns For CPL Holders
Drinking and guns don’t mix. Having a bodily alcohol content while carrying your gun can lead to a suspension or revocation of a concealed pistol license, depending on your BAC. Study the law in advance and avoid losing your CPL.
The Law
It is against the law to do any of the following:
Carrying a pistol or taser with a blood alcohol content of .10 or more is a misdemeanor, punishable by;
- Up to 93 days in jail
- A $100.00 fine plus court costs
- Revocation of concealed pistol license
Carrying a pistol or taser with a blood alcohol content of over .08 but less than .10 is a misdemeanor, punishable by;
- Up to 93 days in jail
- A $100.00 fine plus court costs
- 3 year suspension of concealed pistol license
Carrying a pistol or taser with a blood alcohol content of .02 or more but less than .08 is a civil infraction, punishable by;
- A $100.00 fine plus court costs
- 1 year suspension of concealed pistol license
Implied Consent Law and Guns
A person with a CPL must provide a chemical sample (breath or blood test) to a peace officer who requests the sample based on probable cause the person has been drinking or using drugs. This law is similar to the implied consent law for drinking and driving, but with a few differences.
A police officer who has probable cause to believe a licensed person carrying a pistol or taser is under the influence may ask the person to take a breath or blood test.
The police officer will read the person rights called chemical test rights. These rights inform the person that refusal to take the test will result in a 6 month license suspension and a civil infraction with a $100.00 fine. The rights also inform the person that they may obtain an independent blood test. The statute states that collection and testing of the chemical sample shall be performed in the same manner as in the drinking and driving laws.
Penalties For Refusal Of The Implied Consent Test
A person may refuse the test but the officer can (and probably will) obtain a search warrant for the blood.
The refusal of the test is a $100.00 civil infraction. A refusal will also result in a 6 month license suspension.
Interaction With Other Laws
A person will often be charged with some other criminal charge at the same time they are charged with carrying a weapon under the influence. For example, the police may stop a person for drinking and driving or disorderly conduct. The police will then discover the weapon, leading to the carrying under the influence charge.
The problem for the CPL holder is the accompanying charge will usually result in either a CPL suspension or revocation as well. The prospect of losing the CPL then becomes even greater. This means you may have to fight the accompanying charge in court for the chance of keeping your CPL.
Remember, a CPL holder must immediately disclose the possession of a weapon to a police officer if stopped by an officer. Failure to do so is a civil infraction resulting in a CPL suspension or revocation for a second-offense within three years.
Keeping Weapons in the Car
A person with any bodily alcohol content may still transport a pistol or taser in the locked trunk of a motor vehicle, or another vehicle in which he is a passenger. If the vehicle does not have a trunk, you can put the unloaded weapon in a locked container that is separated from the ammunition. MCL 28.425k
Contact Us
Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arboryspilaw.com.
Sam Bernstein is criminal lawyer in Ann Arbor and Ypsilanti.
ArborYpsi Law is located at 2750 Carpenter Rd #2, Ann Arbor, MI 48108.
Read More
- How Can I Help My Attorney?
- Should I Take My Case To Trial?
- Civil Infractions for Firearms
- Clearing Your Record With An Expungement
- What Convictions Will Disqualify Me From A CPL?
Our Practice
ArborYpsi Law practices the criminal defense of people charged with crimes. We will work hard to achieve the results you’re looking for. The laws related to CPL holders, carrying under the influence, and driving and driving are confusing and have complicated interactions. We will explain these laws in a straightforward manner so that you understand what’s going on in your case at all stages.
Contact a criminal defense lawyer at 734-883-9584