MIP raised to a DUI

[stevenring]

What is the name of your state (only U.S. law)? Michigan
So I went to court today which I was thinking for an MIP. When I seen the prosecutor she told me im being charged with a DUI because I was driving and sends me into the court. When I got pulled over the cop said he writes underage drinkers up for a dui when they blow over a .05, and I blew a .03. So I seen the judge and got another court date in a month and getting a court appointed attorney. Is this DUI most likely going to stick or is there any hope I can get off with an MIP? This is going to be my second dui and im 19. Thank you for the help.

 

[justalayman]

is there some reason you believe it won't "stick"? There is nothing improper about what happened. Time to find a good lawyer and mitigate the damages. Since it's your second DUI, I suspect it's going to hurt no matter what the lawyer can do to help.

 

[stevenring]

Well I blew quite below the legal driving limit and the cop didn't think I was impaired to drive. Just doesn't seem right to charge me with a dui since im underage.

 

[FlyingRon]

Even a MIP is onerous in Michigan these days. A lot of judges will not allow diversions. You'll end up with a criminal record. Similarly with the Zero Tolerance driving law. If you were charged with OWI not only can they potentially make it stick, there's no plea bargaining allowed on that charge.
You need a lawyer.

 

[Zigner]

Well I blew quite below the legal driving limit and the cop didn't think I was impaired to drive. Just doesn't seem right to charge me with a dui since im underage.

...says the guy with the SECOND DUI while underaged...

I think you need to give up driving. I also think you need serious help for your drinking problem.

 

[quincy]

I think you need to hope that the court-appointed lawyer is a good one because, yes, a BAC of .03 can stick, especially if you have had a prior underage offense. You, at nineteen, are not allowed to drink alcohol at all. There is no "legal limit."

Having a second DUI conviction will result in 5 days to one year in jail, a minimum one year license suspension, 6 points on your license, license plate confiscation, vehicle immobilization, fines between $200 and $500, a $1000 driver responsibility fee paid each year for two years, and possible community service up to 90 days.

A conviction will mean travel to Canada is restricted or denied, your insurance premiums will skyrocket, loans may be denied, scholarships may be rescinded, jobs will be more difficult to get, some careers may not be available to pursue or they will become more difficult to pursue (ie. jobs in education, medicine, law, government).

Depending on what area of Michigan you are in, however, you may, as a second offender, be eligible for Michigan's new "Sobriety Court." It is not available everywhere in Michigan yet, and not every repeat offender will qualify for the program.

The Sobriety Court, in effect since January 1 of this year, allows for a repeat drunk driving offender to get restricted license privileges (to and from school, to and from work) in a car equiped with an interlock device. In order to get this restricted license, the repeat offender must participate in a court-monitored drug treatment program. There is close monitoring, frequent drug and alcohol testing, classes, and driving skills tests.

You can check out MCL 257.304 for more information and you can check with your court to see if they participate in the program.

DUIs, by the way, are not expungeable offenses in Michigan, so this will (as will your earlier DUI) remain a part of your criminal history.

Your court-appointed attorney will probably have little time to devote to your case, so you should know in advance that attitude and appearance in court means a lot. Dress nicely (no tee shirts, no blue jeans, no baseball caps). Address the judge as Your Honor. Be contrite and polite. Do not take a cell phone to court.

Good luck.

 

[stevenring]

...says the guy with the SECOND DUI while underaged...

I think you need to give up driving. I also think you need serious help for your drinking problem.

Not looking to good I guess. I never had a drinking problem though, I had one beer with dinner that my girlfriend bought. I gave up drinking completely after I got that ticket not worth it for me at all. Shoulda figured that out after I got my first dui though. Only time I ever got pulled over since for a broken tail light.

 

[Antigone*]

Well I blew quite below the legal driving limit and the cop didn't think I was impaired to drive. Just doesn't seem right to charge me with a dui since im underage.

No you didn't blow "quite below the legal driving limit." You blew a .03. The legal driving limit for a minor is 0.00

 

[Zigner]

...I had one beer with dinner that my girlfriend bought.

How much do you weigh? How long after dinner were you stopped?

 

[stevenring]

I weigh 180, probably around 20-30 minutes.

 

[Antigone*]

I weigh 180, probably around 20-30 minutes.

Doesn't matter .03 > .00

 

[quincy]

Public defenders in Michigan have the highest case loads of any public defender in any state in the country. Your court-appointed attorney may, literally, have five minutes to meet you and review your case file prior to your appearance in court.

If you can scrape together enough money for an experienced DUI attorney, I recommend you hire one. If you are a college student and/or if you were pulled over in a college town and/or if you live in or near a college town, there are often attorneys available who will offer payment plans or discounts.

The experienced (and not over-worked and overwhelmed) attorney will look at the police stop to see if there is anything about it that can be used to your favor, and the experienced attorney will look at the BAC results to see if there was any flaw in the testing or any way to argue the results.

While I doubt that even an experienced attorney can get this second DUI reduced to an MIP (or tossed on a technicality), having an attorney working for you who handles alcohol offenses on a regular basis should ensure you get the best outcome possible.

 

[Antigone*]

Public defenders in Michigan have the highest case loads of any public defender in any state in the country. Your court-appointed attorney may, literally, have five minutes to meet you and review your case file prior to your appearance in court.

If you can scrape together enough money for an experienced DUI attorney, I recommend you hire one. If you are a college student and/or if you were pulled over in a college town and/or if live in or near a college town, there are often attorneys available who will offer payment plans or discounts.

The experienced (and not over-worked and overwhelmed) attorney will look at the police stop to see if there is anything about it that can be used to your favor, and the experienced attorney will look at the BAC results to see if there was any flaw in the testing or any way to argue the results.

While I doubt that even an experienced attorney can get this second DUI reduced to an MIP (or tossed on a technicality), having an attorney working for you who handles alcohol offenses on a regular basis should ensure you get the best outcome possible.

Even better the thought that if he develops a relationship with an attorney experienced in handling DUI cases, he can keep this esquire in his speed dial to be ready to handle DUI #3

 

[quincy]

Yes. That, too.

 

[justalayman]

I had one beer with dinner that my girlfriend bought.

that must have been a very large beer. I checked several BAC calculators and based on them, it is simply impossible to test at .03 after one beer being your size.