What Should You Do When
Charged with OWI While Holding a Concealed Pistol License (CPL)
Operating While Intoxicated (OWI), commonly referred to as Driving Under the Influence (DUI), carries serious consequences in Michigan—especially for those holding a Concealed Pistol License (CPL). If you’re navigating this situation, understanding the intersection of OWI laws and CPL regulations is crucial for safeguarding your rights and responsibilities.
This comprehensive guide explains what happens to your CPL after an OWI charge or conviction, the steps required to regain your license, and how prior convictions may impact future eligibility.
What to Do If Charged with OWI While Holding a Concealed Pistol License
If you’ve been pulled over and charged with an OWI in Michigan, the way you manage the situation can significantly affect your CPL and legal standing.
Key Steps to Take During the Traffic Stop
- Disclose Your CPL
- When stopped by law enforcement, officers likely already know you hold a CPL. Be upfront about your CPL status, disclose if you’re carrying a firearm, and inform them of its location in the vehicle.
- Do Not Carry While Intoxicated
- Michigan law forbids carrying a concealed firearm while under the influence of alcohol or drugs. Violating this restriction can lead to additional charges beyond the OWI.
- Understand Confiscation Protocols
- If you’re armed at the time of your OWI charge, the officer may confiscate your firearm as part of the trafficstop for safety or evidence purposes.
Immediate Suspension of Your CPL
Upon being charged with OWI, your CPL will be immediately suspended. Law enforcement is legally obligated to notify the appropriate County Clerk, where you must voluntarily surrender your CPL. Failing to do so could result in additional penalties.
Consequences of OWI Convictions on CPL Eligibility
OWI convictions affect CPL status differently depending on the number of offenses on your record. Below is a breakdown of how each conviction impacts your license.
First OWI Conviction
- Charge Status: A first OWI conviction is considered a misdemeanor in Michigan.
- CPL Revocation: Upon conviction, your CPL is revoked for at least three years from the date of conviction or the completion of sentencing.
- Expungement Opportunity: First-time OWI convictions are eligible for one-time expungement after five years, potentially simplifying the process of regaining a CPL.
Second OWI Conviction
- Charge Status: A second OWI within seven years demonstrates a pattern of behavior warranting stricter penalties.
- CPL Revocation: Your CPL will be revoked for a minimum of eight years following the date of your most recent conviction or the completion of sentencing.
Third OWI Conviction
- Charge Status: A third OWI is escalated to a felony offense.
- Permanent CPL Loss: Michigan and federal laws prohibit convicted felons from holding a CPL. Your CPL will be permanently revoked, with no option for reinstatement.
- Firearm Restrictions: A felony OWI conviction eliminates your right to own or carry firearms entirely.
Steps to Regain a CPL After an OWI Conviction
If you’ve lost your CPL following a first or second OWI conviction, reinstatement is possible after fulfilling specific requirements.
- Wait for the Mandatory Period
- After a first offense, you must wait three years post-conviction or sentencing.
- After a second offense, the waiting period extends to eight years.
- Meet Standard CPL Eligibility Requirements
- When reapplying, you must follow the same process as a new applicant, including submitting fingerprints, undergoing a background check, and ensuring all firearm safety certifications are up to date.
- Prepare for Additional Scrutiny
- Your previous conviction(s) will appear during the background check, so expect some delays as authorities review your eligibility. However, first or second convictions cannot legally disqualify you from regaining your CPL as long as all conditions are met.
Applying for a CPL with a Prior OWI Conviction
Whether you’ve never held a CPL or wish to apply for one after a prior OWI, the same waiting periods apply.
First and Second Offenses
- A first or second OWI conviction does not permanently bar you from obtaining a CPL in Michigan.
- You must wait the mandatory three or eight years following your most recent conviction or sentencing completion before applying.
Underage OWI Convictions
- Minors convicted of OWI cannot apply for a CPL until they turn 21 years old and meet the required waiting period.
- For example, if you were 20 years old at the time of your first OWI, you must wait three years—making you eligible at 23.
Protecting Your Rights
An OWI charge can feel overwhelming, but understanding the potential impacts on your CPL and following the legal process can help mitigate long-term consequences.
Why Legal Representation Matters
Navigating Michigan’s OWI and concealed carry laws requires expertise. A skilled attorney who understands state laws, local courts, and county procedures can streamline the process, helping you protect your CPL rights and pursue your goals with confidence.
Summary
OWI charges can lead to immediate suspension or permanent loss of a CPL, depending on the severity of the offense and your past record. From first offenses resulting in a three-year revocation to third-offense felonies permanently barring firearm use, the consequences extend beyond driving privileges. However, with the right legal approach and adherence to mandatory waiting periods, it’s possible to regain or apply for a CPL after one or two offenses.
If you’re facing an OWI charge and worried about its impact on your CPL, consulting an experienced attorney is crucial. Legal professionals specializing in OWI cases, like Mark Caldwell, can help you secure the best outcome by protecting your rights and guiding you through the process. Call or text Mark Caldwell today at 616-915-6576 or email Mark at mark@markmcaldwell.com
Take the first step toward clarity and peace of mind—schedule a free consultation today.
