What will happen to a someone charge with MIP who has no criminal history?

This is an infraction.

Asked on July 24, 2015 under General Practice, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Fortunately for you this offense was charged as an infraction and not a misdemeaor. At any rate, if you do not want to plead guilty or no contest, you have the right to a trial. Since you were charged with an infraction, you have the right to a court trial; instead of a jury a judge can hear the evidence and decide if you are guilty. Accordingly, a defense can be presented on your behalf. For example, if you personally did not possess alcohol, if you were not in a “public place”, or you were not in a “place open to the public,” then you might be found not guilty of the charge. The fact is that you should never plead guilty or no contest without consulting with an attorney; they can review the police report and any other evidence against you to best determine how you should proceed.

You should be aware that if you plead guilty or no contest or are convicted of an MIP, your driver's license will be suspended for 1 year. Additionally to losing your license, the MIP suspension on your DMV record will be used against you in the future if you are charged with another related alcohol offense or any other offense that affects your license. Finally, you almost certainly face substantial increases in the cost of your car insurance and could be denied certain jobs or licenses.

At this point, you should consult directly with a local DUI attorney. They can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.