How can you get out of an MIP?

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How can you get out of an MIP?

I was walking someone home with an open bottle and stopped. Got a second MIP without ever admitting to drinking. I was asked to do a breathalizer but refused and they did not take me to get a blood test.

Asked on October 22, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

With a really good lawyer on your side.  You do not have to "admit" to drinking to be ticketed.  You are a minor in possession of an open container of alcohol and that is all that the officer had to observe - enough probable cause - in order to stop you and to start the inquiry.  The fact that you were not driving is probably why the officer did not press the matter as to the breathalyzer and the blood test.  Implied consent has to do with the issuance of a driver's license and driving a vehicle and not walking in the street.  Second offense.  I would consult with an attorney.  Good luck.


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