§ 22-168. Possession while intoxicated; implied consent.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic liquor means that term as defined in section 105 of the Michigan Liquor Control Code of 1998 (MCL 436.1105).

Controlled substance means that term as defined in section 7104 of the Public Health Code (MCL 333.7401).

(b)

Unlawful to carry firearm while under influence of intoxicating liquor or drug. It shall be unlawful for any person within the city, while under the influence of an intoxicating liquor, or any exhilarating or stupefying drug, to carry, have in possession or control, discharge, or use in any manner, any firearm.

(c)

Implied consent to submit to chemical analysis. Acceptance of a license issued under section 5b of Public Act No. 372 of 1927 (MCL 28.425b) to carry a concealed pistol constitutes implied consent to submit to a chemical analysis under this section. This section also applies to individuals listed in section 22-169(h)(1) through (h)(6).

(d)

Unlawful to carry concealed weapon when under influence of alcoholic liquor or controlled substance. An individual shall not carry a concealed pistol while he 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 civil infraction or guilty of a crime as follows:

(1)

If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or had a bodily alcohol content of 0.10 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke the license as ordered by the court.

(2)

If the person has a bodily alcohol content of 0.08 or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court may order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to revoke the license for not more than three years. The concealed weapon licensing board shall revoke the license as ordered by the court.

(3)

If the person has a bodily alcohol content of 0.02 or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a 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 one 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.

(e)

Concealed pistol in locked trunk or compartment when person has bodily alcohol content. This section does not prohibit an individual licensed under MCL 28.425b to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his motor vehicle or another motor vehicle in which he 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.

(f)

Peace officer requiring submission to chemical analysis. A peace officer with probable cause to believe an individual is carrying a concealed pistol in violation of this section may require the individual to submit to a chemical analysis of his breath, blood, or urine.

(g)

Information to be given to individual before chemical analysis. Before an individual is required to submit to a chemical analysis under subsection (e) of this section, the peace officer shall inform the individual of all of the following:

(1)

The individual may refuse to submit to the chemical analysis, but if he chooses to do so, all of the following apply:

a.

The officer may obtain a court order requiring the individual to submit to a chemical analysis.

b.

The refusal may result in his license to carry a concealed pistol being suspended or revoked.

(2)

If the individual submits to the chemical analysis, he may obtain a chemical analysis described in subsection (e) of this section from a person of his own choosing.

(h)

Collection and testing of breath, blood, urine. The collection and testing of breath, blood, and urine specimens under this section shall be conducted in the same manner that breath, blood, and urine specimens are collected and tested for alcohol- and controlled-substance-related driving violations under the Michigan Vehicle Code (MCL 257.1 et seq.).

(i)

Refusal of individual to take chemical test. If a person refuses to take a chemical test authorized under this section, the peace officer shall promptly report the refusal in writing to the concealed weapon licensing board that issued the license to the individual to carry a concealed pistol.

(j)

Positive test results to go to concealed weapon licensing board. If a person takes a chemical test authorized under this section and the test results indicate that the individual had any bodily alcohol content while carrying a concealed pistol, the peace officer shall promptly report the violation in writing to the concealed weapon licensing board that issued the license to the individual to carry a concealed pistol.

(Code 1977, § 15-193; Ord. No. 284, 11-26-2001)

State law reference

Similar provisions, MCL 750.238.