Minor in Possession of Alcohol

[Johnpat]

What is the name of your state (only U.S. law)? Michigan

Hello, I'm a 20 year old male. Over Christmas break, on December 27th at 6:30am, I was arrested walking home from a friends house after a party. I was stopped by an officer, and was being questioned about a break in that happened a few miles away. The homeowner gave a description of a white male with a backwards hat. Since that's what I was wearing, I'm guessing that's why I was stopped.

Being drunk, I stupidly agreed to taking a Breathalyzer, and blew a .18. But what happened next surprised me, I was arrested and taken into the station for minor in possession of alcohol and the suspicion of breaking and entering. I was questioned for 2 hours about where I had been that night, had my shoes printed and tested for mud (it was raining, and it was a farmhouse that was broken into), then booked and thrown in jail. I was hit with a 10k bond, and was bailed out once I sobered up.

Now, a month later, I haven't been contacted by police since that morning, and I have a court date coming up. I haven't been charged with B&E. Is there any avenue of escaping the mip charge, because of the situation I had? I have no previous criminal offenses.

I am also wondering what to expect as a punishment since it unlikely that it will be dropped. I will not be hiring a lawyer, but I have over 250 hours of voluntary community service done over the past year. I also carry a 4.0 at my current university. Will that alleviate some of the penalty?

Thank you in advance, for any help and advice you guys can give.

 

[quincy]

There is no avenue for escaping the MIP charge, because Michigan has a Zero Tolerance law for minors, and you were well above the Zero tolerance limit allowed with your 0.18% BAC.

It will certainly not work against you that you have a high grade point average in college and have served 250+ hours of voluntary community service, but it will not necessarily work to your favor, either, when it comes to reducing your MIP penalties.

If you plead guilty to the MIP and this is your first offense, then you will probably be offered a diversion program consisting of several more community service hours, drug and alcohol classes, a fine, and potentially random alcohol and drug testing. If during your probationary period you do not violate any of the terms of your probation (ie. no more drinking and no drug use), and you satisfactorially complete all that is required of you in the diversion program, then your case will be dismissed, discharged, and the only record of your arrest will remain with the police and the state (so that it can be considered should you violate any other law).

If, however, you violate any of the terms of your probation, then you will face the original charges against you and your case will proceed as it would have had you not had diversion. This can potentially mean that you will face some jail time - whether any is ordered will be at the discretion of the judge.

As for your arrest on suspicion of breaking and entering, that will not play into your MIP. You have not been charged with a B&E so the court will not consider it when you are before them on your MIP.

I recommend that you dress nicely for your court appearance (a suit and tie is good), that you do not smell like smoke, that you are polite and contrite, that you do not argue with the judge or the arresting officer (or anyone, for that matter), that you do not take a cell phone into the courtroom, and that you appear sober (in both senses of the word ).

I think you would be wise to appear in court with an attorney, but it is certainly your right not to have one with you. An attorney can see that you get the best terms possible. And if you are ever charged with the breaking and entering of the farmhouse, I would definitely have an attorney assist you.

 

[Johnpat]

Thank you, I appreciate your help.

 

[quincy]

You're welcome. Good luck.