Carrying a Concealed Weapon Under the Influence, MCL 28.425k
A person cannot carry a concealed weapon while under the influence of alcohol or a controlled substance or a combination of both. Under MCL 28.425k, a person who has accepted a concealed weapon license consents to implied consent.
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.
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.
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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