Minor in Possession (MIP) - Zero Tolerance

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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:

Minor in Possession (MIP).Hand held Preliminary Breath Test picture

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).

MIP - Transport or Possess Alcohol in a Car.

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.   

MIP - Driving a Car - Zero Tolerance.

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.

    
  


Bruce Alan Block, PLC

Attorney and Counselor at Law
4251 Cascade Road SE, Grand Rapids, MI 49546
Phone: (616) 458-8585
Fax: (616) 454-0849

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