Possession of Open Intoxicants in a Motor Vehicle

My question involves criminal law for the state of: Michigan.

My passenger and I both received open intox tickets in Michigan. For some odd reason my passenger was also given a ticket for M.I.P as well. However He is 21 years old.

I'm worried about us going to jail because this is a misdemeanor. We both have to appear in court. My record is clean otherwise so is his. No prior offenses, we hold stable jobs and go to school. How can I approach bargaining?
Is it likely that We will go to jail?
What should I do when I call the court?
How much do you think this ticket will cost?
Does the fact the officer made a mistake give us any leverage?
I'm more concerned of having a charge on our records than anything how long would it stay on the record?

You should consult an attorney. You are facing a potential jail time of 93 days and a $500 fine. Since you were driving, it's also possible that they may add DUI to the mix.
You may be given community service and be required to participate in a substance abuse screening/assessment (this will cost you money, too).

They may also add DUI to this before you get to court if you were driving.

If you get convicted of this it is on your record FOREVER, though you may be eligible to have it set aside five years after you complete whatever sentence/probation you are given

The officer mischarging your friend will on the MIP will make no difference to either of your charges.

Thank-You flyingron

Believe me, I am consulting an attorney on Monday.

The officer gave me a field sobriety test which I passed for I was not over the legal limit to drive. He wrote me the ticket, and allowed me to drive home. Could a DUI charge still be added to my case at this point?
Do you think since this is my first offense ever I could get sentenced to community service, pay some fines and perhaps probation with this not being on my record?

Everybody thinks they passed the FST. There is no "legal" limit that makes it OK to drive. The .08 is just the per se limit where they don't have to demonstrate an impairment.
Yes a DUI can be added based solely on the officers evaluation.

A diversion program might be available. It really varies from court to court (and even in Michigan, from judge to judge). Your attorney would be able to tell if this is possible. Note that other than getting such a diversion or beating the charge, there's nothing that will stop this from being on your record.

Does the fact the officer allowed me to drive home after issuing me the open intox help with not getting a DUI charge added? I was not even issued a breathalyzer test.

Thanks again for the help.

It likely means that he didn't find evidence of intoxication, though there are no guarantees. However, if you are under 21, they don't need much proof. The fact you were consuming alcohol at all opens you up to a slam dunk DUI charge.

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Quoting EricGT

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Does the fact the officer allowed me to drive home after issuing me the open intox help with not getting a DUI charge added?

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In terms of an impaired driving charge, it certainly does. If the officer allowed you to drive the car home, he did not believe that you were too impaired by the consumption of alcohol to operate the vehicle.

Impairment isn't necessary for an underage DUI. Michigan is a not a drop state.

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Quoting flyingron

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Impairment isn't necessary for an underage DUI. Michigan is a not a drop state.

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Seriously, no. If there were a zero tolerance charge to be made, the OP was driving the car when he was pulled over. Even if we assume that the OP is underage, there is no need for imagined scenarios where an officer tries to charge the driver with a zero tolerance offense after releasing him to drive his car.

Any officer who allows a person to drive off if they were, indeed, impaired, or if they were operating a vehicle in violation of the zero tolerance laws would be a moron and would be adopting HUUUUGE liability!

Assuming at least adequate cognitive ability on the part of the officer and his superiors, I think it is safe to say that no mystery DUI charge will be popping up after-the-fact. If a charge for underage drinking or DUI were going to be brought about, it would have happened already.