Criminal Defense Lawyer Patrick Fragel is qualified to represent you on Concealed Pistol Under the Influence of alcohol charges. If you are caught-up in a weapons charge, his firm will provide a criminal defense strategy to protect your right to carry a firearm. With nearly 20 years experience and a Distinguished Rating from Martindale-Hubbell, Patrick Fragel knows the Michigan Firearms Law.
Concealed Pistol Under the Influence
You cannot possess a concealed pistol under the influence of alcohol. Whether on your person or in a motor vehicle, you cannot possess a concealed pistol under the influence – a bodily alcohol content (.02 or higher). Issuance of Concealed Pistol License implies consent to submit to a chemical test for violations of concealed weapons law. A police officer who has probable cause to believe you are carrying a concealed pistol and have consumed alcohol may require a chemical test – PBT, blood, or urine.
Concealed Pistol Under the Influence of Alcohol – Penalties
An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
BAC of .02 – .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation.
BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation.
BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation.
A separate crime, Carrying a Firearm Under the Influence, is a 93-day misdemeanor.
Concealed Pistol – Forfeiture By Michigan State Police
If you use a weapon in the commission of a crime, it will be forfeited to the State of Michigan MCL 750.239. The law provides that, with few exceptions, all pistols, shotguns, rifles, knives, clubs, or any article used as a weapon, possessed during a crime, are forfeited and shall be turned over to the Michigan State Police. The Michigan State Police can dispose of the weapon by destroying it, auctioning it (MCL 600.4708), or “any other lawful manner” they decide upon.
Concealed Pistol Legal Defense: Firearm – Concealed Weapon Under the Influence
This does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition.
Important Contacts for Carrying a Concealed Pistol:
Clerk of the Gun Board, Grand Traverse County, 400 Boardman Avenue, Traverse City, MI 49684 (231) 922-4760
Michigan Department of Natural Resources, Cadillac Operations Service Center, 8015 Mackinaw Trail, Cadillac, MI 49601 231-775-9727
Michigan Department of Natural Resources, Roscommon Operations Service Center, I-75 & M-18 South 8717 N. Roscommon Rd. Roscommon, MI 48653 989-275-5151
When Your Freedom is at Risk, Contact Criminal Defense Attorney Patrick S. Fragel!