ExpertLaw.com Forums

Can You Be Charged With MIP if You Don't Possess Alcohol and Refuse to Blow

Printable View

  • 07-05-2017, 08:01 AM
    NM66
    Can You Be Charged With MIP if You Don't Possess Alcohol and Refuse to Blow
    My question involves criminal law for the state of: Michigan
    Two of my friends and I were on a lake in Michigan yesterday. We drank before we walked out to the sandbar (we don't have a boat). A few hours go by and my friends and I are just standing on the sandbar hanging out. None of us brought any alcohol out to the sand bar, so we had no alcohol with us nor did anyone around us. My friend jokingly pushed me and I feel in the water. Cops saw it and called us over. We begin talking and I fumble my words and we were placed under arrest. One of my friends blew, while my other friend and myself did not. We get back to the station and sit around for awhile. Eventually a cop comes up and makes everyone blow, I did not while my friend who refused on the lake did. Eventually we were bailed out. So my two friends will plead guilty since they have proof they were drinking. However, I talked to a friend who is a cop and he said he thinks I should get a lawyer and fight it since we did not have any alcohol on us and I did not blow. I assume the officer will say something like I looked drunk and smelled like alcohol. A girl spilled alcohol on me while I was playing volleyball, not sure if that makes a difference or not. I know I could take a plea deal but due to some circumstances I would rather try to beat this. This is my first time being in trouble with the law and I am 19. Any advice would be helpful. Thanks
  • 07-05-2017, 09:24 AM
    Mr. Knowitall
    Re: Can You Be Charged With MIP if You Don't Possess Alcohol and Refuse to Blow
    If you hadn't been drinking, you would have agreed to the PBT, tested at zero, and gone on your way. You had been drinking, and your fables about why you smelled like alcohol, why you were staggering around like you were drunk and why you were tripping over your words aren't going to be convincing to a prosecutor or court. Can you fool a jury or convince a court that, despite the evidence, there is reasonable doubt? Perhaps. You have the right to hire a lawyer to push the case toward trial and see what happens.

    We don't know the details of the plea offer that has been made to you. The lawyer who you hire can advise you as to whether it is in your best interest to take the offer.

    Refusal of the PBT is a civil infraction, that could be charged in addition to the MIP charge.
All times are GMT -7. The time now is 05:39 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved