If you carry a concealed pistol under a CPL in Michigan, the legal threshold is 0.02 BAC, not 0.08. Two separate statutes can apply, and CPL holders...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
If you carry a concealed pistol under a CPL in Michigan, the legal threshold is 0.02 BAC, not 0.08. Two separate statutes can apply, and CPL holders should understand both.
A retired law enforcement officer who carries concealed under a state certificate issued under 2008 PA 537 for purposes of 18 USC 926C is also subject to a separate tier under MCL 28.519, described below. That tier adds to MCL 750.237; it does not displace it.
Both statutes apply to a CPL holder. MCL 28.425k is the only one of the two that reaches a CPL holder who is not under the influence and not visibly impaired at 0.02 or more but less than 0.08 bodily alcohol content, because MCL 750.237 applies at 0.08 or more or when the individual is under the influence or visibly impaired, with no lower alcohol-content floor for those two triggers. At 0.08 and above, both apply: MCL 750.237(1) reaches an individual with no exception for a CPL holder, and MCL 28.425k(2) separately prohibits a licensee from carrying a concealed pistol under the influence or at or above its own thresholds. MCL 750.237(9) adds that the section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction in lieu of being charged with, convicted of, or sentenced for the violation of section 237. Under MCL 28.425k(1), acceptance of a CPL constitutes implied consent to a chemical analysis of breath, blood, or urine. This implied consent also applies to individuals listed in section 12a of the act.
Under MCL 28.425k(2), an individual shall not carry a concealed pistol or a portable device that uses electro-muscular disruption technology while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content. The statute defines "under the influence" as a state in which the individual's ability to properly handle a pistol or to exercise clear judgment regarding the use of that pistol was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance (MCL 28.425k(8)(c)).
MCL 28.425k(2) sets three distinct tiers based on bodily alcohol content. Do not collapse them: the .08 line separates a misdemeanor from a civil infraction, and the .10 line separates CPL revocation from a 3-year suspension.
| BAC While Carrying Concealed | Statute | Classification | Max Jail | Max Fine | License Consequence |
|---|---|---|---|---|---|
| 0.10 or more, or under the influence | 28.425k(2)(a) | Misdemeanor | 93 days | $100 | Court shall order the county clerk to revoke the CPL |
| 0.08 or more but less than 0.10 | 28.425k(2)(b) | Misdemeanor | 93 days | $100 | Court shall order the county clerk to suspend the CPL for 3 years |
| 0.02 or more but less than 0.08 | 28.425k(2)(c) | State civil infraction | None | $100 | County clerk suspends the CPL for 1 year |
| Refusal of chemical test | 28.425k(7) | State civil infraction | None | $100 | County clerk suspends the CPL for 6 months |
For each tier, the Department of State Police enters the suspension or revocation into the Law Enforcement Information Network.
Under MCL 28.425k(3), a CPL holder who has any bodily alcohol content may still transport a pistol in the locked trunk of a motor vehicle. If the vehicle has no trunk, the pistol must be transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol. The same rule applies on a vessel. The exception extends to transporting a portable electro-muscular disruption device in a locked trunk, compartment, or container.
Under MCL 28.425k(4), a peace officer who has probable cause to believe an individual is carrying a concealed pistol or a portable electro-muscular disruption device in violation of the section may require a chemical analysis of breath, blood, or urine.
Before requiring the test, MCL 28.425k(5) requires the officer to inform the individual that:
Under MCL 28.425k(7), a refusal is itself a state civil infraction with a $100 fine and a 6-month CPL suspension, separate from any penalty for the underlying conduct. Specimen collection and testing follow the same procedures used for alcohol-related and controlled-substance-related driving violations under the Michigan Vehicle Code, MCL 257.1 to 257.923 (MCL 28.425k(6)).
Under MCL 750.237(1), an individual shall not carry, have in possession or under control, use in any manner, or discharge a firearm under any of the following circumstances:
| Violation | Statute | Classification | Max Jail | Max Fine |
|---|---|---|---|---|
| Carrying or possessing a firearm while impaired or intoxicated | 750.237(2) | Misdemeanor | 93 days | $100 |
| Using or discharging a firearm while impaired or intoxicated | 750.237(2) | Misdemeanor | 93 days | $500 |
| Violation causing serious impairment of a body function of another person by discharge or use | 750.237(3) | Felony | 5 years | $1,000 to $5,000 |
| Violation causing the death of another person by discharge or use | 750.237(4) | Felony | 15 years | $2,500 to $10,000 |
Under MCL 750.237(3), "serious impairment of a body function" includes, but is not limited to:
Under MCL 750.237(5), a peace officer who has probable cause to believe an individual violated the section may require a chemical analysis of breath, blood, or urine. An individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood.
Before requiring a test, MCL 750.237(6) requires the officer to inform the individual that:
Additional points on testing:
Under MCL 750.237(9), a violation does not prevent the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction.
Under MCL 28.425b(7)(h), a misdemeanor conviction for an enumerated offense in the 8 years immediately preceding a CPL application disqualifies the applicant. A pending charge for an enumerated misdemeanor at the time of application also disqualifies the applicant. A conviction under MCL 750.237 (possessing a firearm while under the influence of intoxicating liquor or a controlled substance) is one of the enumerated offenses, listed at MCL 28.425b(7)(h)(ix). A conviction or pending charge for that offense within the lookback period blocks issuance of a concealed pistol license.
Retired law enforcement officers who hold a certificate to carry a concealed firearm under 18 USC 926C are subject to a separate set of under-the-influence provisions under 2008 PA 537 (MCL 28.511 to 28.527). The rule for that tier is MCL 28.519. It applies in addition to MCL 750.237, which reaches an individual with no carve-out for a certificate holder.
Under MCL 28.519(1), acceptance of a certificate issued under the act constitutes implied consent to submit to a chemical analysis.
Under MCL 28.519(2), a certificate holder shall not carry a concealed firearm while under the influence of alcoholic liquor or a controlled substance, or while having a prohibited bodily alcohol content.
| BAC Level | Statute | Classification | Max Jail | Max Fine | Certificate Consequence |
|---|---|---|---|---|---|
| 0.10 or more, or under the influence | 28.519(2)(a) | Misdemeanor | 93 days | $100 | Court shall order permanent revocation |
| 0.08 or more but less than 0.10 | 28.519(2)(b) | Misdemeanor | 93 days | $100 | Court may order revocation for not more than 3 years |
| 0.02 or more but less than 0.08 | 28.519(2)(c) | State civil infraction | None | $100 | Court may order revocation for 1 year; revocation is mandatory on a subsequent violation |
Under MCL 28.519(3), the statute does not prohibit a certified individual who has any bodily alcohol content from transporting a firearm in the locked trunk of a motor vehicle. If the vehicle has no trunk, the firearm must be transported unloaded in a locked compartment or container that is separated from the ammunition. The same rule applies on a vessel.
Under MCL 28.519(4), a peace officer with probable cause may require a chemical analysis. Before requiring the test, MCL 28.519(5) requires the officer to inform the certificate holder that:
Under MCL 28.519(7), if a certificate holder refuses a chemical test, the officer must promptly report the refusal in writing to the commission. Under MCL 28.519(8), if the test indicates any bodily alcohol content while the holder was carrying a concealed firearm, the officer must promptly report the violation in writing to the commission.
Under MCL 750.167a, any person who is drunk or intoxicated while hunting with a firearm or other weapon under a valid hunting license is deemed a disorderly person. Upon conviction:
The penal code chapter that contains MCL 750.237 defines its terms in MCL 750.222:
MCL 28.425k(8) uses the same definitions of "alcoholic liquor" (MCL 436.1105) and "controlled substance" (MCL 333.7104).
Under MCL 333.7212(1)(c), marihuana, including pharmaceutical-grade cannabis, is a schedule 1 controlled substance in Michigan, except as provided in MCL 333.7212(2), which makes marihuana a schedule 2 controlled substance if it is manufactured, obtained, stored, dispensed, possessed, grown, or disposed of in compliance with the Public Health Code and as authorized by federal authority. MCL 750.222(d) defines "controlled substance" by reference to MCL 333.7104 of the Public Health Code. MCL 750.237(1) prohibits carrying, having in possession or under control, using in any manner, or discharging a firearm while under the influence of a controlled substance, and MCL 28.425k(2) prohibits carrying a concealed pistol or a portable electro-muscular disruption device while under the influence of a controlled substance. Being under the influence of marijuana while doing either is prohibited regardless of a person's status as a medical marijuana cardholder. Federal law separately restricts firearm possession by unlawful users of controlled substances, and marijuana remains federally controlled. Anyone relying on a medical marijuana registration should treat firearm carry while under the influence as prohibited.
| Statute | Subject |
|---|---|
| MCL 28.425k | CPL holders carrying concealed; 0.02 BAC threshold; three penalty tiers; implied consent; safe transport |
| MCL 750.237 | General firearm-under-the-influence prohibition; 0.08 threshold; applies to all persons; felony tiers for injury or death |
| MCL 28.425b(7)(h)(ix) | CPL disqualification for a MCL 750.237 misdemeanor conviction or pending charge (8-year lookback) |
| MCL 28.519 | Retired LEO certificate holder carrying concealed while under the influence |
| MCL 28.511 to 28.527 | Michigan Retired Law Enforcement Officer's Firearm Carry Act (2008 PA 537) |
| MCL 750.222 | Penal code definitions (alcoholic liquor, controlled substance, firearm) |
| MCL 750.167a | Hunting while drunk or intoxicated with a firearm or other weapon |
| MCL 436.1105 | Definition of alcoholic liquor (Michigan Liquor Control Code) |
| MCL 333.7104 | Definition of controlled substance (Public Health Code) |
| MCL 257.1 to 257.923 | Michigan Vehicle Code; chemical-test collection and testing procedures |
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