Can they give you an MIP with no breathlyzer?

UPDATED: Nov 3, 2011

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Can they give you an MIP with no breathlyzer?

I’m a college student and am 18. I live in the residence dorms and was in a room in which we were all drinking. This was the room of one of my friends and my room is right next door. Housing police came to the door. I didn’t interact with them at all and went straight into my room. However, a residence adviser ask for my ID card and took my name and student number before I got in. I didn’t want to be difficult so I gave it to him. No charges were issued at the time. But now, I have an email for a hearing with the residence hall director. Can I get an MIP from such brief encounter?

Asked on November 3, 2011 under Criminal Law, Michigan


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

Answered 11 years ago | Contributor

Actually you can get an MIP for this. The fact is that MI has one of the toughest MIP laws in the country. An MIP conviction has serious consequences. It constitutes a misdemeanor and can be punished by community service, alcohol screening, alcohol treatment/rehabilitation, and driver's license suspension. Additionally, an MIP conviction is entered onto a person's criminal history record; this can effect eligibility for student loans, housing, employment, insurance rates, and more.

The fact that no breathalyser was given is irrelevant. If the office observed you behaving in such fashion to lead them to believe you were drinking, that's enough.Additionally, MIP stands for "minor in possession"; no consumption is necessary to be found guilty and convicted of such a charge.

At this point, you would be well advised to consult with a criminal defense attorney. The fact is that anytime criminal charges are involved legal counsel should be retained. An experienced DUI lawyer may be able to get the charge dismissed on a technicality, win an acquittal at trial, or at least get you entry into a first-offender program, "diversion" (which would leave you with a clear criminal history record).

Note: Getting a charge dismissed or obtaining an acquittal is critical in the event that you are again charged with an offense. For a second time charge you will be ineligible for diversion.

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 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.

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