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  1. #1
    Join Date
    Feb 2008
    Posts
    5

    Default MIP In Michigan

    This past weekend my son was at a party. He will be 18 in 6 weeks.

    The police were called and they made all the kids line up and told them they couldn't leave until they took a breathalyzer test.

    He blew a .05 and is now being told that he has to go to court.

    This is first offense, and he was at a friend's house, with no intention of driving.

    Should we hire an attorney? I was doing some research, and I read that last September the courts struck down the part of the law that says the police can force a PBT. Telling the kids that they couldn't leave until they took the PBT sure sounds like force to me.

  2. #2
    Join Date
    Nov 2007
    Posts
    811

    Default Re: MIP In Michigan

    MIP does not mean that they are charged with a DUI but many times the MADD work in the states addresses the "problem of underage drinking" and affects the license just like a DUI would do.

    You would be well advised to find a good criminal defense attorney who is familiar with the recent strike-down of the law. It might not hurt if other "kids" and their parents are challenging this, too.

    The evidence of the frequently erroring AlcoHawk, which is designed for an average 170lb person and only admissible in a few states, can likely be set aside. If he had a can in his hand the evidence there can still stand.

    Only a good CD attorney will be able to navigate these shark infested waters.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: MIP In Michigan

    Michigan police use a bona fide PBT (preliminary breath test) device, not a consumer device like "AlcoHawk".

    What case did you find in your research? I would like to look at it.

  4. #4
    Join Date
    Feb 2008
    Posts
    5

    Default Re: MIP In Michigan

    Quote Quoting aaron
    View Post
    Michigan police use a bona fide PBT (preliminary breath test) device, not a consumer device like "AlcoHawk".

    What case did you find in your research? I would like to look at it.
    I found it on numerous attorney websites, I talked to a lawyer who said it was a federal court judge who said it was unconstitutional. I just found this, too:

    A Michigan law passed to bolster the fight against underage drinking has been ruled unconstitutional in a federal court.

    Specifically, the Michigan law in question allowed police officers to make pedestrians under the age of 21 take a breathalyzer test.

    A federal judge ruled last week that this Michigan Minor in Possession (MIP) law is unconstitutional and that police officers could not require pedestrians in the state to take a breathalyzer without first having a search warrant.

    Specifically, U.S. District Judge David M. Lawson struck down this Michigan MIP law, which he found to be in direct opposition to the Fourth Amendment of the U.S. Constitution protecting against unreasonable searches. As a side note, Lawson struck down a similar Bay City ordinance in 2003 that was based in large part off this Michigan MIP law.

    Lawson's decision does not apply to drivers suspected of being Michigan DUI and also allows police officers to administer breath tests in emergency situations.

    This MIP law was initially challenged in a 2005 American Civil Liberties Union (ACLU) lawsuit. The ACLU brought the lawsuit on behalf of two women who claimed that they were forced to take a breath test by police in June of 2004 despite the fact that they had not been drinking and two male Central Michigan students who claimed they were forced to do so by a "Party Patrol" at a chaperoned graduation party in May 2003.

    http://www.totaldui.com/dui_articles...alyzer_law.htm

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