Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of Alcohol or Controlled Substance
Yes, Marijuana is still a controlled substance under Federal Law
(current Sept 2024 – but November election time is coming-so…)
An individual shall not
An individual is prohibited from carrying a concealed pistol or a portable device that employs electro-muscular disruption EMD technology if they are under the influence of alcoholic beverages or a controlled substance or if their bodily alcohol content is .02 BAC or higher.
Implied Consent
Accepting a Michigan Concealed Pistol License implies consent to undergo a chemical test to determine the presence of alcoholic beverages or controlled substances.
Probable Cause
A police officer who has probable cause to suspect that an individual is in possession of a concealed pistol or EMD device while under the influence of alcohol or a controlled substance, or has an unlawful blood alcohol level, may request that the individual undergo a chemical analysis of their breath, blood, or urine.
Penalties
An individual carrying a concealed pistol or EMD device with a prohibited BAC is subject to immediate seizure of his or her pistol and the following penalties:
- BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
- BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
- BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.
What you can do when you’re under the influence.
An individual who has an unlawful bodily alcohol content may do the following:
- Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
- Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
- Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
- Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.
Then when you get pulled over for DUI they will take it anyway. That’s when you need more than just average legal help.
Call the most recommended attorney for cannabis legal defense Komorn Law 248-357-2550
Michigan CPL Report Stats
More detailed Reasons for Approvals/Denials/Charges
As always… Follow the money. If you can.
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