Carrying Under the Influence

Carrying Under the Influence

  1. An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology while under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content of .02 BAC or above.
  2. Acceptance of a Michigan Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test to detect use of alcoholic liquor or a controlled substance.
  3. A police officer who has probable cause to believe an individual is carrying a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance or while having an unlawful bodily alcohol content may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.
  4. 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.
  1. 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.

For other prohibitions against carrying a concealed pistol or EMD device, see "Pistol Free Areas".