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MIP in michigan

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jhendrix61287

Junior Member
What is the name of your state? Michigan

I'll start off with saying i do have 2 prior MIP's both were 2 years ago at Central Michigan University and i completed everything on time and in full and am no longer on any type of probation.

But last weekend i made the mistake of going back to CMU and while partying i did drink a little bit. I went to bed at about midnight and was sleeping in my car because others still wanted to be up and party so i needed some quiet. I woke up at around 5am and stepped outside my car and puked up some unsettled pizza in my stomach. i turn around and there is a cop. he asked me whether i was drinking liquor i say no. He sits me down and starts writing my MIP, i ask him for a breathalyzer and he tells me "no", i did have a few beers but after being asleep for 5 hours i would not have blown anything, i was extremely nervous so im not sure if i said anything about drinking beer or anything but even if i did admit to having a beer can he still refuse to give me a breathalyzer? i know i wouldnt have blown, im small and dont drink very often so i cant drink alot, help plz

i know it was dumb to be drinking underage, and i wont drink again until i am 21 and off proabtion if i cant fight this
 


Ohiogal

Queen Bee
A breathylzer is not necessary if he can prove through other means (even your confession) that you were drinking. Or through the fact that you smelled of alcohol. You are an alcoholic and need rehab -- try that next time.
 

quincy

Senior Member
Michigan now has one of the toughest MIP laws in the country.

Your blood alcohol content must be ZERO to escape being charged for underage alcohol consumption (unless it was sacramental wine you were drinking). There is a zero tolerance for underage drinking. If you drank a few beers, your BAC would not be zero.

Although there are diversion programs for first time offenders (I am surprised you were offered probation twice), and there is no official record of a first offense MIP if you complete the probation programs satisfactorily, there IS a record kept of prior MIPs. A second offense is a misdemeanor.

And jail time now is a possibility, as well - it is up to the judge's discretion when there has been a prior MIP. If your police record shows TWO prior MIPs, you may be spending a few nights in jail.
 

jhendrix61287

Junior Member
A breathylzer is not necessary if he can prove through other means (even your confession) that you were drinking. Or through the fact that you smelled of alcohol. You are an alcoholic and need rehab -- try that next time.
you've obviously never had an actual alcoholic in your life...
 

The Occultist

Senior Member
you've obviously never had an actual alcoholic in your life...
Just because somebody is a bigger alcoholic doesn't mean you are not one. For a more extreme example: if you kill a man, but somebody else kills 20 people, that doesn't mean you are somehow not a murderer. Understand?
 

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