Possession of a Firearm Under the Influence Causing Serious Injury or Death

Elements of Offense - Ann Arbor, MI - Washtenaw County

An individual shall not carry, have in his/her possession or control, or use a firearm in any manner, while under the influence of alcohol or drugs, or while impaired by alcohol or drugs. To be under the influence of alcohol, a person must have a body alcohol content of .08 or higher. To be impaired by alcohol or drugs, a person’s ability to act normally must be substantially lessened by alcohol or drugs. This standard is somewhat flexible and depends on the circumstances of the case.

If convicted of the misdemeanor offense of simple Possession of a Firearm Under the Influence, a person can serve up to 93 days in jail and/or be fined up to $500.00. A person convicted of this offense in Washtenaw County will normally serve 2 years on supervised probation with community service and treatment, and may spend several weeks in the county jail.

If convicted of the more serious felony offense of Possession of a Firearm Under the Influence Causing Serious Injury to Another Person, a person can serve up to 5 years in prison and be fined between $1,000.00 to $5,000.00. To be convicted of this more serious felony charge, the person’s use of the firearm must have been the cause of another person’s “serious impairment of a body function”. The type of serious injury that can trigger such a charge is a broken bone, injury to an internal organ, or serious psychological harm. A person convicted of this charge in Washtenaw County can expect to spend at least 3 months in the county jail and may spend more than 1 year in prison.

If a person is convicted of the most serious felony offense of Possession of a Firearm Under the Influence Causing Death, that person can spend up to 15 years in prison and be fined between $2,500.00 to 10,000.00. To be convicted of this felony offense, the person’s use of the firearm must have been the cause of the other person’s death, even if it was an accidental death. A person convicted of this offense in Washtenaw County can expect to spend a minimum of about 5 years in prison.