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


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.

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