Results 1 to 13 of 13

Thread: Alcohol releated question

  1. #1
    Regular Member quarter horseman's Avatar
    Join Date
    Aug 2008
    Location
    Allegan co Michigan, USA
    Posts
    345

    Alcohol releated question

    Has anyone heard ofthis law if you have a CPL not carrying, and get pulled over not carrying and blow .04 up to .08 you will lose your CPL? I was told this this wekend, I say B.S and cannot find that law anywhere. Can anyone point me to that law if it is true. thanks

  2. #2
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948
    The only thing I know of is implied consent, but on what you've been told, I call BS too.

  3. #3
    Regular Member TheQ's Avatar
    Join Date
    Aug 2010
    Location
    Lansing, Michigan
    Posts
    3,448
    I'd say citation needed. Although, some local gun boards THINK they have this discretion. If they did it, you'd have to take them to court to show them otherwise.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  4. #4
    Regular Member StingMP9's Avatar
    Join Date
    Jan 2010
    Location
    Madison Hts-Carry M&P9mm CPL/NRA mem, Michigan, USA
    Posts
    101
    The only truth I think I can remember about driving, alcohol and CPL holders is that we can have it taken away for refusal of a sobriety test. Don't have the cite but it's probably on the back of our documents. (lazy)
    "Reason can never be popular. Passions and feelings can become popular, but reason will always remain the sole property of a few eminent individuals."
    Johann Wolfgang von Goethe

  5. #5
    Regular Member
    Join Date
    Feb 2010
    Location
    Newport, Michigan, USA
    Posts
    108

    Carrying Under the Influence

    As for individuals on a Gun Board, there was a past incident, of revoking cpl for Open carry where their
    decision was not based on law, but personal opinion.

    MSP link.
    http://www.michigan.gov/msp/0,1607,7...0961--,00.html

  6. #6
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948

  7. #7
    Regular Member
    Join Date
    Sep 2009
    Location
    Wyandotte, Michigan, USA
    Posts
    456
    Quote Originally Posted by quarter horseman View Post
    Has anyone heard ofthis law if you have a CPL not carrying, and get pulled over not carrying and blow .04 up to .08 you will lose your CPL? I was told this this wekend, I say B.S and cannot find that law anywhere. Can anyone point me to that law if it is true. thanks
    If you have been drinking and are under .08, you can be charged with Operating While Visibly Impaired (OWVI). It's a BS charge, but if you get one it's covered under the same statute as Driving While Intoxicated.......meaning no CPL for 3 years.
    Last edited by budlight; 03-21-2011 at 01:41 AM.

  8. #8
    Regular Member quarter horseman's Avatar
    Join Date
    Aug 2008
    Location
    Allegan co Michigan, USA
    Posts
    345
    everything I see has to do with carrying while under the infuuence,

    (2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

    c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found responsible for a subsequent violation of this subdivision.


    This is what they are trying to tell me, Instead of haveing .08 as our limit because we have a CPL our limit is lowered to .04 without carrying. The people telling me this said they learned this in their CPL class, and are worried that they cannot go out to dinner and have a drink then drive home because a drink would put you over the .04 limit. Then they would loose their CPL.

    Like I said I call BS havent found anything in two day search Thanks for all the help please let me know if you come across something.

  9. #9
    Regular Member StingMP9's Avatar
    Join Date
    Jan 2010
    Location
    Madison Hts-Carry M&P9mm CPL/NRA mem, Michigan, USA
    Posts
    101
    Quarter,

    We all know some CPL instructors don't know the law and they claim to teach it in those courses. BS flows out of many of those courses when the topic steers to alcohol or OC.
    "Reason can never be popular. Passions and feelings can become popular, but reason will always remain the sole property of a few eminent individuals."
    Johann Wolfgang von Goethe

  10. #10
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446
    Quote Originally Posted by budlight View Post
    If you have been drinking and are under .08, you can be charged with Operating While Visibly Impaired (OWVI). It's a BS charge, but if you get one it's covered under the same statute as Driving While Intoxicated.......meaning no CPL for 3 years.
    Maybe, but the law is clear in this regard.

    1. An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
    1. BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.

    • <LI style="FONT-SIZE: 10pt; FILTER: ; MARGIN: 0in 0in 0pt; BOTTOM: 0px; FONT-FAMILY: Arial, Helvetica">BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
    • BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  11. #11
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446
    Quote Originally Posted by quarter horseman View Post
    everything I see has to do with carrying while under the infuuence,

    (2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

    c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found responsible for a subsequent violation of this subdivision.


    This is what they are trying to tell me, Instead of haveing .08 as our limit because we have a CPL our limit is lowered to .04 without carrying. The people telling me this said they learned this in their CPL class, and are worried that they cannot go out to dinner and have a drink then drive home because a drink would put you over the .04 limit. Then they would loose their CPL.

    Like I said I call BS havent found anything in two day search Thanks for all the help please let me know if you come across something.
    I'm not aware of any statute involving a .04. I say it doesn't exist.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  12. #12
    Regular Member quarter horseman's Avatar
    Join Date
    Aug 2008
    Location
    Allegan co Michigan, USA
    Posts
    345
    Quote Originally Posted by StingMP9 View Post
    Quarter,

    We all know some CPL instructors don't know the law and they claim to teach it in those courses. BS flows out of many of those courses when the topic steers to alcohol or OC.
    I do understand that thanks.

  13. #13
    Regular Member quarter horseman's Avatar
    Join Date
    Aug 2008
    Location
    Allegan co Michigan, USA
    Posts
    345
    Quote Originally Posted by Venator View Post
    I'm not aware of any statute involving a .04. I say it doesn't exist.
    thanks again for the extra support.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •