{"data":{"id":"us-mi/mich.-comp.-laws-750.237","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 750.237","heading":"Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.","body":"Sec. 237.\n\nAn individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:\n\nThe individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.\n\nThe individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.\n\nBecause of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.\n\nExcept as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.\n\nAn individual who violates subsection (1) and causes a serious impairment of a body function of another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, \"serious impairment of a body function\" includes, but is not limited to, 1 or more of the following:\n\nLoss of a limb or use of a limb.\n\nLoss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.\n\nLoss of an eye or ear or of use of an eye or ear.\n\nLoss or substantial impairment of a bodily function.\n\nSerious visible disfigurement.\n\nA comatose state that lasts for more than 3 days.\n\nMeasurable brain damage or mental impairment.\n\nA skull fracture or other serious bone fracture.\n\nSubdural hemorrhage or subdural hematoma.\n\nLoss of an organ.\n\nAn individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.\n\nA peace officer who has probable cause to believe an individual violated subsection (1) may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood.\n\nBefore an individual is required to submit to a chemical analysis under subsection (5), the peace officer shall inform the individual of all of the following:\n\nThe individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may obtain a court order requiring the individual to submit to a chemical analysis.\n\nIf the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a person of his or her own choosing.\n\nThe failure of a peace officer to comply with the requirements of subsection (6) does not render the results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a civil action arising out of a violation of this section, or in any administrative proceeding arising out of a violation of this section.\n\nThe collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.\nor in any administrative proceeding arising out of a violation of this section.\n\nThe collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.\n\nThis section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in lieu of being charged with, convicted of, or sentenced for the violation of this section.","path":["MI Code","Chapter 750","Act Act-328-of-1931"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-237","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"cf3f8c1582f9ead2bdf1af714121d2ed5cb47a0ba8c9b6ccfc2eb95f40dc6936","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-750.236c","next":"us-mi/mich.-comp.-laws-750.237a"},"notice":"GroundRules: Original legal text. Not legal advice."}