Guns, Alcohol And Brandishing
MCL 750.237 — a firearm while under the influence
No one may carry, possess, use or discharge a firearm while under the influence of alcohol or a controlled substance, with an alcohol content of 0.08 or more, or while visibly impaired in the ability to use it.
| The violation | The maximum |
|---|---|
| The violationCarrying or possessing a firearm while under the influence | The maximumA misdemeanor: 93 days, a fine of $100, or both |
| The violationUsing or discharging one | The maximumA misdemeanor: 93 days, a fine of $500, or both |
| The violationCausing a serious impairment of a body function by using it | The maximumA felony: 5 years, a fine of $1,000 to $5,000, or both |
| The violationCausing a death | The maximumA felony: 15 years, a fine of $2,500 to $10,000, or both |
An officer with probable cause may require a breath, blood or urine test, after telling the person that they may refuse but that the officer may then get a court order, and that after taking it they may have a test done by someone of their own choosing.
| A concealed pistol licensee carrying with | The consequence |
|---|---|
| A concealed pistol licensee carrying withUnder the influence, or 0.10 or more | The consequenceA misdemeanor: 93 days, $100, or both, and the license revoked |
| A concealed pistol licensee carrying with0.08 to under 0.10 | The consequenceA misdemeanor: 93 days, $100, or both, and a 3 year suspension |
| A concealed pistol licensee carrying with0.02 to under 0.08 | The consequenceA civil infraction: $100, and a 1 year suspension |
| A concealed pistol licensee carrying withA refused test | The consequenceA civil infraction: $100, and a 6 month suspension |
A licensee with any alcohol content may still transport the pistol in a locked trunk, or, in a vehicle with no trunk, unloaded in a locked compartment or container separate from the ammunition.
Brandishing in public. Willfully and knowingly brandishing a firearm in public is a misdemeanor punishable by up to 90 days, a fine of up to $100, or both. It does not apply to a peace officer lawfully on duty, or to a person lawfully acting in self defense or defense of another under the self defense act.
Sources for this section (3)
- MCL 750.237 — A firearm while under the influence
- MCL 28.425k — A concealed pistol licensee and alcohol, and chemical tests
- MCL 750.234e — Brandishing a firearm in public
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.