Legal Question in Criminal Law in Michigan
Minor in Possession
I have a 17yo step son who has never been in trouble at all before. He was arrested last friday with a .17 BAC. He was not driving. He was cooperative, and honest with the arresting officer. What are the chances for adjudication?
3 Answers from Attorneys
Re: Minor in Possession
since it is a first offense, he will want to keep it off his permanent criminal record. I can help with this. Visit www.kliszlaw.com to discuss this case. Tim Klisz
Re: Minor in Possession
There is no jail time for first offense MIP - just a $100 fine and the possibility of probation.
However, your son blew a .17 BAC which is considered high for someone that young. He will probably get probation with frequent breathalyzer tests. If he tests positive for alcohol while on probation, he will be subject to jail time and/or outpatient rehab.
If he completes probation without incident, the MIP statute provides for dismissal of the charge - leaving his record unblemished.
Sometimes a lawyer can get an "under advisement" dismissal without probation although in the long run that may not be your best alternative.
Because your son was able to cooperate with the officer without difficulty, it may indicate that his tolerance for alcohol may have increased because he's already and
experienced drinker. First timers who test @ .17 are usually semi-conscious and incoherent.
Re: Minor in Possession
Your son will not face jail time, but most likely he will face a $100 fine and probation. Because his alcohol level was so high, he may even be required to wear a tether which indicates the presence of alcohol. I have had success with MIP cases and reducing the impact a conviction could have. If you need help, contact my office.
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