MI DUI & CPL
Michigan drivers with a CPL (Concealed Pistol License) risk permanent loss of their carry privilege if they are convicted of certain alcohol related driving crimes. However, the risk of loss, its duration, and any other penalties that may be imposed, depend on such factors as prior record, bodily alcohol content, type of vehicle driven and where the weapon is located when the offense is committed.
The risk of CPL loss begins even before the conviction occurs. This is because the CPL holder must notify an officer of the CPL during a road-side investigation and also advise the officer where the weapon is located[i]. A failure to comply with these preliminary requirements will subject the CPL holder a $500 fine and 6 month suspension of the CPL.[ii]
Potential penalties and risk of loss increase after the CPL holder has been charged with drunk driving. This is because “misdemeanor” as defined in the statute[iii] includes the misdemeanor alcohol-related driving offenses of operating while intoxicated (OWI) or operating while visibly impaired (OWVI), because they are punishable by imprisonment or a fine (that is not a civil fine), or both[iv]. Accordingly, it is the prosecutor’s responsibility to report the drunk driving charge to the Concealed Weapon Licensing Board (CWLB)[v]. In general, the CWLB “has exclusive authority to issue, deny, revoke, or suspend a license to carry a concealed pistol.”[vi]
When the Board receives that notice they will send Order of Suspension to the CPL holder.[vii] When charged for drunk driving the presumption of innocence does not govern the discretion vested in the county licensing board. Consequently, the CPL holder is required to immediately forfeit his or her license in a timely manner, and must do so without the right to a hearing. A failure to comply with the forfeiture notice is punishable by up to 93 days in jail and /or fine of $500.00[viii].
This initial, pre-conviction suspension will continue until the disposition of the drunk driving. When the matter is ultimately resolved, the prosecutor is again required to report the disposition to the Board. The Board will then send a subsequent Notice of Suspension and possible revocation. Under some circumstances, the CPL holder will have a right to a hearing[ix] but the board will ultimately revoke the CPL because of a drunk driving conviction.
As a conviction of a covered misdemeanor prohibits the CWLB from issuing a CPL, the former licensee would then have to re-apply for a new CPL after the statutorily required waiting period. Specifically, as related to alcohol driving offenses, no license can be granted to an applicant who has been convicted of “operating under the influence”[x], for three years after the date of conviction.[xi] In the case of a second alcohol-related misdemeanor conviction, the applicant must wait eight years after the conviction before the CWLB may issue a CPL[xii]. This eight-year waiting period also applies to an alcohol conviction while operating a commercial vehicle.[xiii]
It seems likely, then, that should there be an OWI or an OWVI conviction, the CWLB would revoke the license and the former licensee would have to wait three or eight years, depending upon the type of conviction, before re-applying for a new CPL[xiv]
The penalties and risk of loss to the CPL holder also increase depending on several other variables, such as whether the CPL holder physically had a pistol on his or her person, in the vehicle, locked in the vehicle, or at home. If the pistol was on his or her person, and not locked in the trunk or not at home, and the BAC or bodily alcohol content was above a .10, then the CPL will be permanently revoked.[xv] If the BAC was .08 or more but less than .10, then it would be revoked for not more than 3 years, and 1 year revocation if more .02 or more but less than .08.[xvi] In addition, there are related criminal charges if the pistol is on his or her person, which may include 93 day jail sentence and $100 fine.[xvii]
An applicant has the right to appeal a denial of a CPL. This appeal is taken to the circuit court in the county where the applicant resides.[xviii]. In almost all cases, the burden is on the applicant to show that the CWLB’s decision was clearly erroneous[xix].Should the applicant be successful, the CPL will be issued and the county and the CWLB must pay for the applicant’s attorney fees and costs.[xx] However, should the appeal fail, the applicant is responsible for the attorney fees and costs incurred by the CWLB in responding to the appeal.[xxi]
[i] MCL 28.425f(3)
[ii] MCL 28.425f(4)
[iii] MCL 28.421(c).
[iv] MCL 257.625
[v] MCL 28.425m
[vi] MCL 28.425a(5)(emphasis added).
[vii] MCL 28.425b(7)(i)
[viii] MCL 28.425m
[ix] MCL 28.428
[x] MCL 257.625
[xi] MCL 28.425b(i)(i).
[xii] MCL 28.425b(h)(ii).
[xiii] MCL 28.425b(h)(iii).
[xiv] MCL 28.421(c).
[xv] MCL 28.425k(a)
[xvi] MCL 28.425k(b)-(c)
[xvii] MCL 28.425k (a)-(b)
[xviii] MCL 28.425d(1).
[xix][xix] MCL 28.425d(2).
[xx] MCL 28.425d(3).
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admin – who has written 85 posts on Michigan Drunk Driving Defense.
Patrick T. Barone is the principle and founding member of the Barone Defense Firm, headquartered in Birmingham, Michigan. The Firm exclusively represents those accused of crimes involving allegations of drinking and driving. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School as well as the author of two respected books including Defending Drinking Drivers (James Publishing), The DUI Book - A Citizen’s Handbook on Defending a Drunk Driving Case, and a chapter in Defending DUI Vehicular Homicide Cases, 2012 ed. (Aspatore Books). He also served as the executive editor of the DWI Journal: Law & Science. He is also a graduate of the Gerry Spence Trial Lawyer's College. Mr. Barone has been listed as “Seriously Outstanding” by SuperLawyers, and since 2009 has been included in America’s Best Lawyers. He has an “AV” (highest) rating from Martindale-Hubbell, and is a frequent lecturer and has presented around the country on trial practice and drunk driving defense tactics.
