Legal Question in Civil Rights Law in Michigan

second drinking offense

Last December I got a minor with a BAC blowing under .08 more than .02, I recently got a MIP I want to do anything I can to get it off my record or to fight it what can I do, and what is likely to happen?


Asked on 11/24/08, 6:33 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: second drinking offense

436.1703 Purchase, consumption, or possession of alcoholic liquor by minor

Sec. 703.

(1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor... A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in section 909:

(b) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection..... by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation... and outpatient treatment.

So...if you were on probation when you got caught again, you've got a bigger problem.

You (or your parents) may want to get an attorney.

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Answered on 11/24/08, 8:15 pm
Timothy Klisz Klisz Law Office, PLLC

Re: second drinking offense

you should consider getting alcohol treatment or at least counseling prior to court. Also hire a local attorney familiar with your court. If you are in Metro Detroit, contact me at www.kliszlaw.com. Tim Klisz

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Answered on 11/24/08, 8:20 pm


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