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Alcohol releated question

quarter horseman

quarter horseman

Regular Member
Joined
Aug 25, 2008
Messages
345
Location
Allegan co Michigan, USA
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
 
TheQ

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
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.
 
B

budlight

Regular Member
Joined
Sep 7, 2009
Messages
454
Location
Wyandotte, Michigan, USA
quarter horseman said:
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
Click to expand...

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:
quarter horseman

quarter horseman

Regular Member
Joined
Aug 25, 2008
Messages
345
Location
Allegan co Michigan, USA
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.
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
budlight said:
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.
Click to expand...
Maybe, but the law is clear in this regard.

  1. [SIZE=+0]An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:[/SIZE]
  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">[SIZE=+0]BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.[/SIZE]
  • [SIZE=+0]BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation.[/SIZE]
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
quarter horseman said:
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.
Click to expand...

I'm not aware of any statute involving a .04. I say it doesn't exist.
 
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