Legal Question in Juvenile Dependency in Michigan

Thank you for taking the time to read this.

Two weeks ago my friend hosted an underage drinking party, and I was there. (we are all 16)

Later, one of our friends' parents found out and came to the party.

Then they called the police.

Everyone ran, including me.

But I felt bad for leaving my friend (the host) alone, so I went back to the house, not knowing that a police officer was there. So when I knocked on the door, surprise, a cop opened the door.

So I got an MIP, my friend whos parents came got an MIP, but my friend who hosted the party didn't get an MIP becase she wasn't under the influence. The officer asked me how much I had to drink, and I said 7 shots. He asked me of what. And I said vodka. The thing is. I DIDNT have 7 shots of vodka. I had 2 shots of vodka and 4 shots of just beer because me and my friends thought it was funny. Besides, if I took 7 shots, I honeslty would have passed out. But I didn't explain that to the officer right then because I was honestly SO shooken up by everything and so distraught and in shock that I was getting and MIP and that my parents would be so upset. So on my ticket it says I had 7 shots of vodka. Then he asked me if I was willing to breathe in the breathalizer that my friends' mom brought, and I said I didn't want to. So that's what it says on my ticket too. I know Michigan has a very strict underage drinking law, but I was wondering if it would make ANY difference if I explained to the judge that i didn't have 7 shots? Also, I know I maybe deserve an MIP, but is there ANY way i could get away with it? Also, my friend who hosted the party wasn't under any influence but the officer said that she would get charged for hosting an underage drinking party. She is 16. And a few days ago me and my other friend who got MIPs both recieved our court letters, but the host didn't. Will she be charged of anything, and what will she have to do if she is charged? Thank you :-)

-Emily


Asked on 1/02/10, 10:28 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Honesty is always the best policy, as the cops and Judges have heard every story and excuse in the book. Be prepared to answer questions or explain why you lied, or why you would say you had more shots than you truly did, as that doesn't make sense - people usually say the opposite. Point out how you were cooperative and honest with the police (except for the PBT part), and was just nervous about taking a breath test and wasn't sure of your rights. You should have a lawyer to assist you, as MIPs are now looked at as an "alcohol related incident" when sentencing people for drunk driving, etc. The MIP will follow you around forever if you do not have it sealed or handled properly under what's called the Youthful Trainee Act, which you do qualify for based on your age. It is imperative that you have the MIP wiped out and not remain on your record - absolutely imperative. It might seem like a minor issue, but you should take this very seriously.

A lawyer cannot estimate what the host may or may not be charged with - that is up to the local prosecutor and the police officers. They may still be investigating the matter to see if they have enough evidence to charge her with contributing to the delinquency of a minor. I suggest you focus on your life, and your charges, and nobody else's. Good luck.

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Answered on 1/09/10, 1:39 pm


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