MIP After a DUI in California

[tylerkh805]

I received a DUI in October of this year and was put on informal probation, before the DUI I had no record. Last night, I was at a house party and police showed up. Everyone was walking inside because the owner of the house was telling everyone to. I was walking towards the house with a red cup in my hand and got inside and right when I got inside the house, the officer pulled me by my sweater out of the house. He did not say anything before he just pulled me out. No one else got pulled out, just me.

So numer 1, do have any case for myself because he pulled me out of the house for no reason (there was no signs of alcohol, just a red cup in my hand)?

And 2. What are the charges for my MIP after getting a DUI?


This is all in California by the way.

[PandorasBox]

I would get yourself into AA asap.

You just had a red cup in your hand....aka, Red SOLO cup, right? That is a big alert to cops that you are not just drinking Pepsi, because you would likely be drinking from the cup or bottle. Especially at a party.

[tylerkh805]

I am already in a class for my DUI so I don't see why I would sign for AA.

[free9man]

Because it shows the court that you are trying to be a better person.

[cdwjava]

Check the conditions of your informal probation. They might include search stipulations concerning the consumption and/or possession of alcohol or evidence of criminal activity.

Unfortunately for you, if the officers have reason to detain you simply making it to the door (of a residence NOT your own) is not "home base" in a game of tag. You are free to have your attorney make a suppression motion should you choose. Though the cost of the attorney is likely going to be many times higher than any fines for the MIP.

[tylerkh805]

I can deal with fines for my MIP but I'm worried about having to go to jail.


Do you think the chances of me going to jail are high?

[cdwjava]

I can deal with fines for my MIP but I'm worried about having to go to jail.


Do you think the chances of me going to jail are high?

If they violate your probation, you might have to do a few days in order to slap you upside the head and get your attention because clearly you haven't gotten the message, yet. Maybe a few days is what you need.

More than likely, no jail time is pending, but I think it's time you looked into alcohol counseling and quit drinking.

[tylerkh805]

Thanks for the legal advice but don't try to give me life advice because you don't know me.

Next time you give advice, try to not sound like such a dick.

[PandorasBox]

Next time you ask for advice, why don't you appreciate the advice given and not be such an asshole?

You are done here. Go see a local attorney and pay for the advice.

[cdwjava]

Thanks for the legal advice but don't try to give me life advice because you don't know me.

Next time you give advice, try to not sound like such a dick.

It's clear you have a problem. You are under 21 and already have two alcohol related police contacts. I don't HAVE to know you to know that you have a problem. If you fail to see that, well, that's part of the problem. (The other part might be that atitude ...)

Good luck.