Michigan implied consent
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Thread: Michigan implied consent

  1. #1

    Michigan implied consent

    Under MI law, an officer can demand a test for alcohol or drugs if he suspects you are carrying concealed. I am assuming the fact you have a CPL is enough for probable cause.


    Carrying Under the Influence

    An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance.*

    Acceptance of a Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test for violations of this law.

    A police officer who has probable cause to believe an individual is carrying a concealed pistol and has consumed alcohol may require a chemical test of breath, blood, or urine.

    An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
    BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation.
    BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation.
    BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation.
    * This does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
    For other prohibitions against carrying a concealed weapon, see "Pistol Free Areas".

  3. Sounds like he has to have cause to believe you've consumed alcohol like maybe failing a FST ?
    We don't smoke marijuana in Muskogee, we don't take our trips on LSD. We don't burn our draft cards Down on Main Street. 'Cause we like livin' right and being free.

  4. #3
    I do know that if you are pulled over by a LEO and you are carrying concealed (legally) you have to tell the officer.

  5. #4
    ezkl2230 Guest
    No, they can demand a test if they have reason to believe that you have been drinking while you have been carrying. They can't demand a drug/alcohol just because they think you are carrying.

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