Minor in Possession (MIP) - Zero
Tolerance
See our page:
College
Students Rights and Legal Resource Page.
In 2007 a federal judge
struck down Michigan’s MIP law which required that all minors
take a Preliminary Breath Test (PBT). Police officers cannot require
that you
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
to drink alcohol. It does not matter that for just about everything
else you are considered an adult at age 18. You can even serve in the
military, give your life for your country, and yet not be allowed to
drink. While this may seem rather
unfair and very biased against young adults, the voters of Michigan made
this rule and until it is changed, it is the
law.
There are three different types of prohibited underage drinking in
Michigan:
Minor in possession (MIP) is the most common criminal charge for
underage drinking. It is a misnomer, as a 'minor' is usually someone under
the age of 18. However, anyone under age twenty-one cannot legally buy, drink, or
possess any type of alcohol in Michigan. Simply holding an opened, empty beer can or bottle of
booze is enough, even if you have not drunk a drop! Underage minors have
been busted for MIP based solely on a group party picture showing them holding a beer can on Facebook!
If the cops can detect alcohol on your
breath, you are holding a beer can, or (most common) if you admit to
drinking alcohol, expect to be charged with Minor in Possession. To be charged, you
typically must have a blood alcohol content (BAC) of .02 or greater (approximately one drink or one shot)
or you are caught with alcohol in hand or in your fridge.
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 on the Eastern side of the state that place first offenders on probation and
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).
See the portable machine over on the right?
Yeah that one, the BacTrack also known as Mr. Incriminator. This machine is
NOT your friend. Even though the law that required minors incriminate
themselves was struck down, police
officers use this type of portable breathalyzer (PBT) to determine who has been drinking
-- thus
who will be charged (or not). The
police count on you being nervous and not knowing your rights. The police
will "ask" you to blow into the PBT. Frankly, it is our opinion that being
"asked" by a police officer is so intimidating that the police should be
prohibited from asking. To say 'no' to a police officer takes an awful lot
of guts. Most of us were taught to obey cops without question, thus the
request is easily interpreted as a demand. Interestingly, the City of Flint
does not allow its police to "ask" minors to blow. Most of us remember well
our first anxious encounter with a cop.
Here is a revelation: police officers put
their pants on one leg at a time. You do not need to be afraid. Here
is sage advice from our many years of criminal defense experience:
Exercise your constitutional right:
DECLINE the PBT test and DECLINE to answer questions!
The police cannot force you
to blow or answer questions, and there is no penalty for refusing a PBT test (this
assumes you are not the driver of a motor vehicle. Not
surprisingly, police use their status as police officers to intimidate
you. They line everyone up and "ask" each person to blow in Mr.
Incriminator. You assume that you must blow like everyone else, right?
WRONG! If you do not blow into Mr. Incriminator the police will have to find
some other way to show that you were drinking: "So, you been drinking
tonight," or "how many drinks did you have?" They may
tell you that that if you take the Mr. Incriminator test you "won't go to jail,"
or that "it will go easier for you." Wrong again. This is NOT a
jailable offense. You are most likely not going to jail. Do not fall for
this ruse. Its a fact that most people charged with MIP are not arrested nor taken to jail.
This is when you should 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 most young people make the mistake of
either blowing or admitting to drinking, there are hundreds if not thousands
of MIP citations issued every year. Since underage drinking is common, many think of a Minor in Possession (MIP) charge as no big deal. Most
of their friends have one, 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 (no permanent criminal
conviction) and 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 plead guilty and just 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. It can also affect what
jobs you get years later. Think you want to be a teacher or a school bus
driver. An MIP can ruin that dream. Since an MIP
conviction is put on your permanent 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! Do not keep empty beer cans or alcohol
bottles in your car at any time.
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 (under age 21) that operates a 'motor vehicle,'
with a blood alcohol level (BAC) of .02 to .08. Zero Tolerance is
'drunk driving' for those under age 21. It has the same effect and penalties
as drunk driving (DUI) or Operating under the Influence (OWI) or Impaired Driving.
This is a serious charge,
because not only do you get a criminal conviction on your record, but it 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).
Don't drink and drive is something you should pay serious attention to if
under 21.
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
someone under age 21. You have your entire life ahead of you. Decline
the PBT test, decline to answer questions. Take the time
to get legal advice and don't let one mistake ruin your future.
Contact Us!
MIP Lawyer and
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 University, Western Michigan, Aquinas
College, Grand Rapids Community College, and
more, defending young people's rights in court for charges
such as 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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