If I got a MIC charge but never took the breathalyzer, can I get out of it?
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If I got a MIC charge but never took the breathalyzer, can I get out of it?
Last night I was pulled over for reasonable suspicion. My friend and I were drinking so when I pulled over, he ran out and I stayed in the car. Cop said if I tell him who ran, he would not give me a DUI, just an MIC. So I ended up getting the MIC, but I never took a breathalyzer, he just wrote me up. I admitted to drinking as soon as he asked me after he had pulled me over. He did not write me up until probably 30 minutes later in the city hall. Is their any chance at all that I could get out of the MIC?
Asked on June 21, 2011 under Criminal Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A breath test is only needed if you charged with drunk driving. If you are underage, any limit is illegal so a test is not required. An MIC can be charged if a minor appears visibly intoxicated. This means that an officer can use their observations of smell along with physical observations such as poor balance, bloodshot eyes, etc. to determine intoxication.
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