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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Issued MIP for Blowing .01 in Michigan

    My question involves criminal law for the state of: Michigan

    I was issued an MIP after blowing .01 at a event in Detroit, which I was not drinking at (It has been brought to my attention to get an MIP you must blow .02). Cops proceeded to come in and shut the whole event down, making anyone under the age of 21 to be breathalyzed. At least 200-300 other people had to blow. I've never gotten an MIP before, nor do I have anything on my criminal or driving record. I have spoken to a non criminal lawyer and he has told me to plead not guilty. Although, he suggested that I might be put on 6 months probation.

    My question is, what are the chances that I will be put on probation for 6 months? If not that, what are the other possibility's?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Issued MIP for Blowing .01 in Michigan

    well, you are partly right on the .01-.02 thing:


    (15) As used in this section, "any bodily alcohol content" means either of the following:
    (a) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
    (b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
    unless you can argue that .01 is not indicative of "any presence" of alcohol, the .01 is adequate to hang you.



    here is another possibility:

    (5) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.
    (1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in section 909:
    (a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).
    (b) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).
    (c) For a violation of this subsection following 2 or more prior convictions or juvenile adjudications for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Issued MIP for Blowing .01 in Michigan

    Even if your BAC is below .01 you can be charged with constructive possession of alcohol at the party. Presumably that is why you are charged despite the .01 BAC. Discuss the police report with your lawyer, as the basis of the charge should be pretty obvious from the report.

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