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Detroit DUI Involving a Firearm

There are specific laws in place for individuals accused of being intoxicated while carrying a firearm. The details of your case will greatly influence the penalties you face.

Make sure you have a powerful defense strategy ready for trial. A respected Detroit criminal defense attorney at Davis Law Group could help you clear your name and avoid the harsh consequences of a guilty verdict. Contact our office for a confidential consultation today.

Michigan Law & DUI Involving a Firearm

Under MCL 750.237, individuals are prohibited from possessing, carrying, using, or having control of a firearm if they are under the influence of drugs or alcohol. Alcohol limits are determined based on calculating a person’s blood alcohol concentration (BAC) levels. If your BAC was at 0.08% or more, you could face criminal possession of a firearm while under the influence charges.

Concealed Pistol Licenses

Michigan residents may have the right to hold a Concealed Pistol License (CPL) and carry a handgun on them or inside the passenger compartment of their vehicle. However, you face concealed weapon under the influence charges when you are carrying a concealed weapon with a BAC at or above 0.02%.

Felony DUI Charges

You could face felony DUI charges if one of the following is true:

  • This is your third or subsequent DUI
  • Your DUI caused serious injury
  • Your DUI caused the death of another

Consequences of a DUI Involving a Firearm Conviction

Firearm laws in Michigan are complex and range in severity. Factors like whether you are legally or illegally possessing a firearm while intoxicated can significantly influence your potential penalties. Whether someone was injured or killed could also impact your case.

You could face the following penalties for possessing a firearm while intoxicated:

  • Possessing a firearm while intoxicated – Up to 93 days in jail and fines of up to $500.
  • Causing serious injury to another person through the discharge of a firearm – 15 years in prison and pay fines as high as $5,000.
  • Causing death through the discharge of a firearm – 15-year prison sentence; fines between $2,500 and $10,000

Penalties for Intoxicated CPL Holders

  • BAC between .02 and .07 – $100 fine; CPL suspension for one year
  • BAC between .08 and .09 – 93 days in jail and a $100 fine; CPL suspension for three years
  • BAC of .10 or higher – 93 days in jail and a $100; CPL revocation

Felony DUI Charges

Felony DUI charges result in more severe penalties, including:

  • Up to 15 years in prison
  • Fines as high as $10,000
  • License suspension or revocation
  • Loss of firearm rights
  • Vehicle forfeiture
  • Attending drug or alcohol treatment or driver retraining programs

Factors That Could Impact Your Penalties

Various factors could influence the outcome of your DUI involving a firearm case.

Improperly Carrying a Firearm

Suppose you were not correctly carrying the firearm when police stopped you. In that case, your penalties could be enhanced. Shotguns, rifles, and other firearms must be transported with both barrels unloaded, the magazine enclosed in a case, and carried in the trunk of your vehicle.

Refusing a Chemical Test

You may also face additional penalties if you refuse to submit to a chemical test while carrying a concealed weapon. Under MCL 28.425k, if you have a CPL, you have given your implied consent to chemical testing when carrying a weapon. Refusing to give consent results in a CPL suspension for up to six months.

Options for First-Time Offenders

First-time offenders may have alternative sentencing options. However, this depends on the facts of your case. You may qualify if no one suffered a severe bodily injury and you don’t have a criminal history. You may be able to enter a pre-trial diversion program to avoid harsh sentencing.

A pre-trial diversion program will come in the form of an alcohol or drug treatment program. You will have your case heard through Michigan Veterans Court, Michigan Mental Health Court, or another type of program.

Your attorney can go over what legal options may be available to you after reviewing the charges against you and the details of your arrest.

Detroit DUI Involving a Firearm Resources

With severe penalties in mind, it is vital to take steps to protect your future and clear your name. These Detroit DUI and firearm resources could help you get back to your life.

Bail Bonds in Detroit

After your arrest, these Detroit bail bonds services could help you arrange bail and get home to your family:

Detroit Bail Bonds
615 Griswold St. #712
Detroit, MI 48226

You Walk Bail Bond Agency
1442 Brush St.
Detroit, MI 48226

Wayne/Detroit Bail Bonds
1001-1097 Chrysler Dr.
Detroit, MI 48226

Detroit Drug or Alcohol Treatment Programs

If substance abuse issues have led to your DUI involving a firearm arrest, seeking the help you need could prove that you would be better served through rehabilitation:

Sobriety Programs
2081 W Grand Blvd.
Detroit, MI 48208

Detroit Addiction Treatment Center & Rehabilitation Program
47838 Wade St.
Detroit, MI 48213

Second Chance Drug Treatment
632 Woodland St.
Detroit, MI 48202

Firearm Safety Programs in Detroit

Here are some of Detroit’s top firearm safety programs so you can protect your firearm rights and prove to the court that you understand the state’s laws surrounding firearm safety:

Fayad Firearms Training
19 Clifford St.
Detroit, MI 48226

Two Women and a Gun CCW classes
17800 Woodward Ave. #100f
Detroit, MI 48203

Action Impact Firearms & Training Center
14855 E 8 Mile Rd.
Eastpointe, MI 48021

Get Help from a DUI Involving a Firearm Attorney

Secure your future by presenting the strongest defense possible under the law. Retain a powerful Detroit criminal defense attorney to help you clear your name.

Contact Davis Law Group to schedule your confidential case evaluation today. You can fill out our online contact form or give our office a call at 313-818-3238 when you are ready to get started on your case.