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Carrying Under the Influence

  1. An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance.*

  2. Acceptance of a Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test for violations of this law.

  3. A police officer who has probable cause to believe an individual is carrying a concealed pistol and has consumed alcohol may require a chemical test of breath, blood, or urine.

  4. 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.

*  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 for that pistol or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.

For other prohibitions against carrying a concealed weapon, see "Pistol Free Areas".
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