Discharge of a firearm while intoxicated is a misdemeanor punishable by up to 93 days in jail, a $500 fine, or both.
Intoxication means the person was under the influence of drugs or alcohol, had a blood alcohol content of .08 or over, or whose ability to handle a firearm was visibly impaired.
Discharge of a firearm while intoxicated that results in the serious impairment of a bodily function is a felony offense, punishable by up to 5 years imprisonment, a fine not less than $1,000 and not more than $5,000 or both.
What does serious impairment of a bodily function mean? It can include, but is not limited to, Loss of a limb or use of a limb, loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb, loss of an eye or ear or of use of an eye or ear, loss or substantial impairment of a bodily function, serious visible disfigurement, a comatose state that lasts for more than 3 days, measurable brain damage or mental impairment, a skull fracture or other serious bone fracture, subdural hemorrhage or subdural hematoma, or loss of an organ.
Discharge of a firearm while intoxicated causing death is a felony, punishable by up to 15 years imprisonment, a fine not less than $2,500 and not more than $10,000, or both.
A police officer who has probable cause to believe that an individual who has discharged a firearm is intoxicated may require the person to submit to a chemical analysis to determine whether the person is indeed intoxicated.
The process is similar to when a police officer suspects a person of drinking and driving. The officer must read the person the “chemical rights,” which informs the individual of two rights. First, that the person may refuse the test, and that the officer may obtain a court order requiring the test. And second, if the person submits to the test, an independent chemical test may be obtained.
If you have been charged with discharge of a firearm while intoxicated contact ArborYpsi Law at 734-883-9584 or at email@example.com to speak with attorney Sam Bernstein and discuss your case.