Can You Drink While Carrying a Gun in Michigan?

Can You Drink While Carrying a Gun in Michigan?

No. Your right to carry a gun under the 2nd Amendment does not extend to circumstances when you have been drinking.

Under Michigan law, you are prohibited from carrying a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology – an advanced taser – while under the influence of alcohol or another drug or if you have a blood alcohol content (BAC) of .02 or higher. Further, if you accepted a Michigan Concealed Pistol License (CPL), you consented to submit to an alcohol or drug test. So, if a police officer has probable cause to believe you are carrying a gun or taser while you’re under the influence of alcohol or a controlled substance, they may require you to submit to a breath, blood, or urine test.

Attorney John Freeman is dedicated to defending the freedoms of gun owners and wants to answer your questions about your right to carry, including when you have been drinking.

What Are the Penalties For Carrying a Gun If You Have Been Drinking?

If you are carrying a gun or EMD device with a BAC of .02 or above, a police officer may immediately seize your weapon. You are also subject to certain penalties, depending on your BAC, as follows:

  • .02-.07 – One-year suspension of your CPL, $100 fine, and state civil infraction
  • .08-.09 – Three-year suspension of your CPL, $100 fine, and a 93-day misdemeanor charge
  • .10 or higher – Revocation of your CPL, $100 fine, and 93-day misdemeanor charge (These penalties may also be imposed if you are under the influence of alcoholic liquor or a controlled substance.)

If you are charged with carrying a gun while under the influence, Attorney John Freeman will thoroughly examine the facts and circumstances of your case to build a strong defense.

What Can You Do with a Gun If You Have Been Drinking?

If you have been drinking, you may wonder what you can – and should – do with your gun. You are permitted to:

  • Transport a gun or EMD device in the locked trunk of a motor vehicle. If the vehicle does not have a trunk, you can transport an unloaded gun in a locked container separate from the ammunition.
  • Transport a gun or EMD device on a boat if it is transported (unloaded) in a locked container separated from the ammunition.

If you have a gun and are planning to drink alcohol, be sure to follow these procedures to store the weapon and travel safely. Further, if you are stopped by law enforcement, they will not have any viable grounds to arrest you. If you are charged with carrying your gun while under the influence, call the Law Office of John Freeman. 

Contact a Michigan Criminal Defense Attorney

Gun rights are American rights, but you need to understand how those rights may be impacted when you have been drinking. Attorney John Freeman is a 2nd Amendment advocate and NRA affiliate who wants to protect your gun rights in Michigan. Call us today to speak to Mr. Freeman in a free phone consultation.