Discharge Firearm While Intoxicated
One who Discharges a Firearm Under the Influence is subject to arrest for a felony charge. The Prosecutor must prove the suspect had control over the firearm – possessed it, transported or even stored it – while under the influence, and then caused it to fire. Intoxication for purposes of this crime includes alcohol and/or drugs. Law enforcement can quickly obtain a search warrant to draw blood to determine the level of intoxication. The blood test results are potential evidence of intoxication from alcohol, marijuana, opioids or other controlled substances.
Discharge Firearm While Intoxicated Causing Serious Impairment or Death
The penalties are very harsh if convicted of Discharging a Firearm Under the Influence, Causing Serious Impairment of a Body Function. This charge does not excuse “accidental” or “inadvertent” discharges of a firearm. The mere firing of the weapon while under the influence is a crime.
Michigan law provides a broad definition of “serious impairment”, such as:
- loss of a limb or its use
- loss of a hand, foot, finger, or their usage
- loss of an ear or eye or their usage
- serious visible disfigurement
- measurable brain or mental impairment
- fracture of the skull or another bone
- subdural hemorrhage or hematoma
- organ loss
If discharging the weapon in, or at building causes one of these injuries, you or your loved one may be facing criminal liability. It is important to contact an experienced criminal defense attorney to explore your defense to the potential criminal charges.
If convicted of Using or Discharging a Firearm Under the Influence, Causing Serious Impairment of a Body Function, you could face up to 5 years in prison, loss of your right to carry a firearm (CPL) and the other consequences of a felony conviction in Michigan.
If convicted of Using or Discharging a Firearm Under the Influence, Causing Death, you could face up to 15 years in prison, loss of your right to carry a firearm (CPL) and the other consequences of a felony conviction in Michigan.
If you are charged with a serious felony, call us immediately. We carefully evaluate the facts of your case, and the charges filed against you. As an experienced criminal trial lawyer, Patrick S. Fragel will design a strategy to defend against the charges. Check out our Client Reviews and give us a call.