My son received an MIP ticket for drinking underage as a minor in possession of alcohol while he was visting a friend at school in Ann Arbor. He was not driving and was under the legal limit in Michigan because he was a .078 BAC on his ticket for alcohol so how can they charge him with MIP when he was not legally drunk and they did not catch him with alcohol. I read other MIP information on this web site and I am shocked that this will go on his Michigan DRIVING RECORD even though he was at a dorm and was not driving, how does that make sense and how is that even legal? I need an MIP attorney from your law firm who is willing to fight this case because I do not want this MIP up and U of M to ruin my son’s life because he was drinking underage and now has to worry about a misdemeanor charge and conviction being put on his driving record and his criminal record also! What do you think you can do and can you help please?
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586.285.1700
Thank you for your question. Our criminal defense attorneys at Canu Torrice Law have represented thousands of defendants on charges and tickets for M.I.P. (“Minor In Possession”) for possession or consuming alcohol when they are under the age of 21 years old, and each court and each city in Michigan sentences and imposes different punishments for MIP cases. It is very important to understand how each court handles these MIP charges.
You are right to be concerned about this case, as too many people think that an MIP is just like a traffic ticket and really is not that big of a deal. The reality is it is a criminal offense that if you are convicted goes both on your permenant criminal history and your driving record. It is always a very serious concern for a parent whose son or daughter is charged with an MIP case for underage drinking because many times the young defendant does not fully realize the potential harm an MIP conviction in Michigan will have on their driving record and their criminal history, which of course may impact their ability to drive and get a job. This is especially important when someone receives and MIP charge and is in college spending a small fortune (of their parent’s money or in student loans) on a college education in order to obtain a good job when they graduate. The sad truth is the job market is so competitive in Michigan and throughour the Unites States that when they graduate, even a releatively minor blemish on their criminal history (such as a misdemanor conviction for an MIP charge or any drinkin related offense) may mean the difference between beng hired for a job or having your resume put in the paper shredder because of a MIP or other criminal conviction.
If you search “MIP” on this blog, you will see that this subject has been discussed at length, inkduing the possible penalties:
http://alllegalmatters.com/blog/general/michigan-attorney-question-for-mip-minor-in-possession-of-alcohol-charge-at-michigan-state-university-east-lansing-court-what-are-penalties/
Regarding your specific question, if you are under the age of 21 years old it is illegal to consume alcohol in any quantity, and presumably the legal limit for being “drunk” you are referring to (.08 BAC) is for drunk driving (OWI/DUI) only, and not for MIP charges. That legal limit for blood alcohol content (BAC) does not apply to MIP cases.
The lawyers at our law firm have successfully represented defendants on MIP cases in Michigan at Ann Arbor/U of M, East Lansing/MSU, and in just about every other city, township and college town throughout the state of Michigan with tremendous success. I am confident we can keep this MIP charge up in Ann Arbor off your son’s criminal record and driving record, but the facts of the case need to be discussed first – such as was he asked to submit to a PBT checmical breath test or was he forced to take one? Where was he when this occurred? What were the circumstances surrounding these charges? Has he ever been convicted of an MIP or other criminal offense like possession of marijuana, etc. in the past? All these are extremely relevant facts to evaluate when discussing the defense strategy for defending against this MIP case.
Call our law firm for a free phone consultation today and we can discuss the details of this case, a well as our representation of your son on this MIP charge in Ann Arbor at U of M.
PETER A. TORRICE
Canu Torrice Law
http://www.AllLegalMatters.com
(586) 285-1700