Michigan Makes Hunting While Intoxicated a Disorderly Conduct Offense
Any person who shall be drunk or intoxicated while hunting with a firearm or other weapon under a valid hunting license is guilty of disorderly conduct.
What You Need to Know About Hunting While Intoxicated
Hunting is a great American pastime and a stable sporting industry in Michigan. Having a drink while hunting is not illegal; however, drinking too much is a legal and a safety issue. Hunting while intoxicated by drugs or alcohol is a misdemeanor punishable by up to 90 days in jail, two (2) years of probation, fines, and loss of hunting privileges for three (3) years. One way to ruin the hunting season is getting caught and charged with hunting under the influence.
What to do if you Face Hunting While Intoxicated Charges
Hunting While Intoxicated charges are defensible. A skilled lawyer can attack the case with facts, law, science, and the Constitution. A search of your breath, blood, or urine is subject to the protections of the 4th Amendment to the United States Constitution. The 2nd Amendment guarantees your right to possess firearms. Suppose an officer unreasonably coerces or forces you to provide a breath, blood, or urine sample, and you face charges. In that case, a top defense lawyer will file a Motion to Suppress and Dismiss the charges because of the unreasonable, illegal search and seizure.
Suppose the person performing the breath or blood test did not complete the test accurately or wasn’t trained appropriately or certified. In that case, the test results (level of intoxication) might be subject to suppression. If the judge suppresses the evidence, the prosecutor will have no choice but to dismiss the case without prejudice.
A respected, reputable lawyer can still negotiate with the prosecutor for reduced charges if there is no factual, legal, or constitutional defense. Through plea bargaining, the attorneys can agree upon an amended charge without or with less collateral consequences, dismissed charges, a delayed sentence, or a plea under advisement. People representing themselves or those with court-appointed lawyers or general practice attorneys rarely get the extraordinary resolutions obtained by the most zealous retained criminal defense attorneys.
Possession of a Firearm While Intoxicated
Although Hunting While Intoxicated might be the most common charge against someone when a police or conservation officer believes they’ve consumed too much alcohol, other related offenses can come into play. For example, Michigan law prohibits carrying a firearm under the influence of alcohol or drugs. A conviction is punishable by up to 93 days in jail, years of probation, loss of a CPL, and heavy fines and costs. A judge will order anyone on probation not to possess firearms until discharged from court supervision. A person ordered not to possess firearms is prohibited from having a gun on their person or in their home, car, or place of employment.
Arraignment on a Misdemeanor Charge
Many defendants decide to appear alone on their first court date, called an arraignment, and see what happens before hiring a lawyer. Going it alone, even for the first court date, can cause significant issues for you and your case. At the arraignment, the judge will advise you of the charge and decide on bail. You will have the opportunity to argue for a low or personal bond before the judge decides. In addition to setting the amount of bond (bail), the judge can order the defendant not to possess firearms, submit to alcohol testing and treatment, undergo a psychological assessment, abide by a curfew, and refrain from hunting. The best way to avoid invasive terms and conditions of bond is with an experienced criminal defense attorney at your side. A top lawyer will know what to say and what documents to provide a judge to persuade them to minimize bail and any bond conditions.
Defense Attorney for Hunting While Intoxicated
Society has an interest in preventing hunters from using firearms while intoxicated. That being said, hunters can inadvertently drink a bit more than they realize, and their lives shouldn’t be disrupted if they’ve otherwise remained responsible and law-abiding. The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending hunters and other people accused of committing a crime related to consuming too much alcohol. We know every legal strategy in the book and will employ every legitimate tactic available to ensure our clients get the best advantage possible in court. If you call us for a free consultation, we will discuss your case, examine potential defenses, learn about you and your situation, and do whatever it takes to help you. Don’t trust the lowest bidder with your future when a top law firm is ready, willing, and able to protect and defend you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.