If I got a MIC charge but never took the breathalyzer, can I get out of it?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption