Minor in Possession (MIP) - Zero
Tolerance
See our new page:
College
Students Rights and Legal Resource Page.
Note: In 2007 a federal judge
struck down a portion of Michigan’s MIP law which required that all minors
take a Preliminary Breath Test (PBT). Police officers can not require you to
take a PBT test and there is no penalty for refusing it.
Minor in Possession of Alcohol.
In Michigan (and most states) you must be twenty one (21) years old
to drink alcoholic beverages. It does not matter that for everything
else you are considered an adult at age 18. While this may seem rather
unfair and biased against young adults, until it is changed, it is the
law.
There are three different types of prohibited underage drinking in
Michigan:
This is the most common criminal charge for
underage drinking. Anyone under age twenty-one (21) cannot buy, drink, or
possess any type of alcohol. Simply holding an opened beer can or bottle of
booze is enough, even if you have not drunk a drop! Underage people have
been busted for MIP based only on a picture of them holding a beer can that
was posted on Facebook. If the cops can detect alcohol in
your body you will be charged with Minor in possession. To be charged, you
must have a blood alcohol content (BAC) of .02 or greater, which is
approximately one drink or one shot.
A MIP is a criminal misdemeanor which goes on
your permanent criminal history and your automobile driver's license.
For a First Offense, the fine is $100 and no jail. However, we have heard of
Michigan courts that place first offenders on probation and then put them in
jail if they violate a probation term.
The fines and penalties increase for a second
or third conviction, with possible jail time and mandatory driver's license
suspensions.
Preliminary Breath Test (PBT).
Even though a federal court
threw out the requirement that anyone under age 21 must take a preliminary
breath test, police
officers often use portable breathalyzer machines to determine who has been drinking, and thus
who will be charged. Here is sage
advice from our many years of criminal defense experience:
Exercise your constitutional rights:
DECLINE the PBT test and DECLINE to answer questions!
The police cannot force you
and there is no penalty for refusing a PBT test (this
assumes you are not the driver of a motor vehicle. Not
surprisingly, police are using other ways to gather
incriminating evidence. For example: "So, have you been drinking
tonight," or "how many drinks have you had?" They may
tell you that that "if you take the test you won't be arrested/go to jail,"
or that "it will go easier for you" if you blow or confess. Do not fall for
this ruse. Most people charged are NOT arrested nor taken to jail.
Now is the time to exercise your constitutional right to remain silent!
Simply politely, but firmly decline to answer any incriminating questions without
an attorney. Let the cops ridicule you in front of your friends; you will
have the last laugh when those that blow or confess are charged with MIP and
you are not!
You live in a country which is
still the "Land of the Free and the Home of the Brave." The only thing
you must do is give your name, address, and an I.D. (if you have one).
If you answer incriminating questions, rest assured
that you will not be cut any slack and that your answers
WILL
be used against you in court.
What to do at your First Court Appearance.
Because underage drinking is common, many people think of a Minor in Possession (MIP) charge as no big deal. Most
of their friends have one and many treat it as a badge of honor.
Here is our advice after personally witnessing hundreds of students plead
guilty at their first court appearance (arraignment):
Do NOT Plead Guilty!
An MIP is a Criminal Misdemeanor that will affect
your future forever!
There is a First Offender Diversion
Program.
Plead
NOT GUILTY
at your arraignment (usually your first court date) and then talk to an attorney.
You may qualify under the First Offender program or there may be another way
of keeping your criminal record clean.
The confusing part is that the MIP ticket looks just like a speeding ticket,
but it is not! If you pay an MIP citation, you are admitting guilt to a
criminal offense that will stay on your criminal history the rest of your life. Having a criminal conviction can affect your
driver's license, your ability to get a job, and your eligibility for
grants, admission to schools, and scholarships. Since an MIP
conviction is also put on your automobile driving record, it will affect your
insurance rates and potentially place you in a high risk pool or make you
uninsurable (if
you doubt this, just ask your parents).
A minor (under age 21) is prohibited from
transporting or possessing alcohol in a car. Although this charge is rarely
used, what it means is that if you are under age 21 you cannot transport or
possess alcohol in a motor vehicle. So, whether the beer cans are open or
closed makes no difference. You can be charged with this crime even if your
car is sitting in a parking lot!
This offense is a criminal Misdemeanor and your
car can be impounded. You cannot be charged if you have an
accompanying adult (age 21) with you in the car, or if your job requires
that you transport alcohol.
Zero Tolerance is an
underage individual who operates a 'motor vehicle,'
with a blood alcohol level (BAC) of .02 to .08. Zero Tolerance is the
same as Operating under the Influence (OWI) or Driving while Impaired.
This is a serious charge,
because not only do you get a criminal conviction on your record, but it is
also placed on your driver's license where it stays forever. Aside from the
criminal penalties, which include possible jail time, fines, and court
costs, the state puts four points on your driver's license and revokes your
license for six months. You are also sent a bill of $500 for two years for
being a "bad driver" (a/k/a the Michigan Driver's Responsibility Fee).
Conclusion.
The State of
Michigan has some of the toughest Zero Tolerance and underage drinking laws
in the country.
An MIP can only be given to
people under age 21. You have your entire life ahead of you. Take the time
to get competent legal advice and don't let one mistake ruin your future.
Contact Us!
Attorney Bruce Alan Block
is an experienced MIP and Zero
Tolerance criminal defense lawyer. He has worked
with young people and students
from Calvin College, Grand Valley, Western Michigan, Aquinas, GRCC, and
others, defending young people's rights in court for charges
including Minor in Possession, Zero Tolerance, Indecent Exposure, and other
criminal offenses. Don't let one mistake end your promising
career. Call us at
(616) 458-8585 for an appointment.
Located on the corner of Cascade Rd. and Kenmoor Ave.,
one block from the
Cascade
District Court, just east of Interstate I-96, six miles from the Kent County Courthouse.
Bruce Alan Block, PLC
represents clients in Grand Rapids, Michigan,
and West Michigan communities of Ada, East Grand Rapids,
Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade,
Rockford, Holland,
Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry
County,
Ionia County, Newaygo, Montcalm, and Allegan County.
We represent students from
Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand
Rapids Community College, and Michigan State University.
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