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Criminal Defense Lawyer Patrick S. Fragel is qualified to represent you on Concealed Pistol Under the Influence of alcohol charges. If you are caught up in a weapons charge, our firm will provide a criminal defense strategy to protect your rights. With nearly 20 years experience, Attorney 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.
Kalkaska Criminal Defense Contacts:
46th Circuit Court – Kalkaska County, 800 Livingston Boulevard, Gaylord, MI 231-258-3300
87th District Court – Kalkaska County, 605 North Birch Street, Kalkaska, MI 231-258-9031
Kalkaska County Sheriff, 605 North Birch Street, Kalkaska, MI 231-258-8686
Kalkaska County Jail, 605 North Birch Street, Kalkaska, MI 231-258-5245
Kalkaska County Governmental Center
When Your Freedom is at Risk, Contact Kalkaska Criminal Defense Attorney Patrick S. Fragel!
