(a) No person shall carry a concealed weapon while he or she is under the influence of alcoholic liquor or a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) A person found under the influence of alcoholic liquor with a bodily alcohol content of 0.10 or more grams per 100 milliliters of blood, or 210 liters of breath, or 67 milliliters of urine, or a controlled substance, or a combination of alcoholic liquor and a controlled substance, is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three days or one hundred dollars ($100.00), or both. The Court shall additionally order the Concealed Weapon Licensing Board that issued the person a license to carry a concealed pistol to permanently revoke the license.
(c) A person found to have a bodily alcohol content of 0.08 or more grams but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or 67 milliliters of urine, shall be guilty of a misdemeanor punishable by imprisonment for not more than ninety-three days or one hundred dollars ($100.00), or both. The Court may additionally order the Concealed Weapon Licensing Board that issued the person a license to carry a concealed pistol to revoke the license for not more than three years.
(d) A person found to have a bodily alcohol content of 0.02 or more grams but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or 67 milliliters of urine, shall be responsible for a civil infraction and may be fined not more than one hundred dollars ($100.00). The Court may additionally order the Concealed Weapons Licensing Board that issued the Concealed Weapons License to revoke the license for one year.
(e) This section does not prohibit an individual licensee, pursuant to Public Act 381 of 2000, 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 separate from the ammunition for the pistol or on vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
(f) A peace officer who has probable cause to believe a person is carrying a concealed pistol in violation of this section, may require the person to submit to a chemical analysis of his or her breath, blood, or urine.
(g) Before a person is required to submit to a chemical analysis under division (f) of this section, the peace officer shall inform the person of all of the following:
(1) The person may refuse to submit to the chemical analysis, but if he or she chooses to do so, all of the following apply:
A. The officer may obtain a Court Order requiring the person to submit to a chemical analysis.
B. The refusal may result in his or her license to carry a concealed pistol being suspended or revoked.
(2) If the person submits to the chemical analysis, he or she may obtain a chemical analysis described in division (f) above, from a person of his or her own choosing.
(h) 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 person to carry a concealed pistol.
(i) If a person takes a chemical test authorized under this section and the test results indicate that the person 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 person to carry a concealed pistol.
(Ord. 721. Passed 8-1-01.)