What generally happens with first offense MIPs in Michigan is that the court will offer minors the opportunity to escape having a misdemeanor on their record if they complete all terms of a diversion program.
While it is not always necessary to have an attorney represent a minor in court on an MIP charge, in some counties of Michigan it can be important, as judges are allowed some discretion in sentencing. It always helps to consult with an attorney in your area to learn about the court and the judge who will be hearing the matter. In addition, and I agree with Xylene, having an attorney is your son's best chance of having the MIP charge dropped entirely.
The diversion program requires that the minor commit to completing a certain number of community service hours, attend alcohol education classes and, rarely, submit to random drug testing, and to pay all costs incurred as a result of any of the requirements. All of this is to be completed within a probationary period of, generally, 6 months - although one Judge in one county regularly orders a 2 year probationary period (he used to refuse to offer the diversion program at all).
If the minor satisfactorially completes all terms of the program, the MIP will be discharged and dismissed and there will be no public record of the MIP to report on any school or job applications. It will be as if there had been no MIP at all (although the Secretary of State's Office will retain a record of it, as will law enforcement, and this can be used to the minor's detriment in any future appearances before the court on any additional charges).
Because the diversion program requires an initial guilty plea, a guilty plea can be entered, and the misdemeanor can become part of the minor's criminal history, if the terms of diversion are not completed satisfactorially or if there are any other offenses committed during the probationary period. With the misdemeanor on his record, the minor will have restrictions on travel (Canada can deny entry), and the misdemeanor can result in problems obtaining student loans, car loans, and employment.
Therefore, it is important that you impress upon your son the vital need to NOT disobey any other laws - ever, of course, but especially during this probationary period. The diversion program is ONLY offered once. Failure to live up to the terms of the program the first time can result in lost opportunites in the future for your son.
Without a conviction on the MIP, your son should be able to get a driver's license, but your son may not be allowed to play sports, depending on what the rules are that are set up by the sports team and/or the school for which he plays.
As for the other boys who blew a .02: MIPs are often not charged when the BAC is .02, although they can be under Michigan's Zero Tolerance law. This low of a BAC, however, can be argued in court by an experienced attorney, which can result in increased costs to the state (which, with limited resources, they like to avoid). Having the boys be sons of police officers probably didn't hurt, but I imagine the boys could have punishments at home that will make them wish they were completing the diversion program instead.
When your son appears in court, he should be dressed nicely (suit and tie, if possible, no tee shirts or jeans or baseball caps). He should not take a cell phone into the court. He should not smell (of smoke, of heavy cologne, of anything offensive). He should not try to make excuses for his drinking or complain about the unfairness of the other boys getting off. And mostly he should be polite, contrite, and he should address the judge as Your Honor.
Again, consulting with an attorney in your area would be wise. Good luck to your son.
