mip vs dui
A student was driving a vehichle, under 21, and was assisting a friend who had driven into a ditch on wet road. The tow truck driver suggested that the student looked drunk. the officer did a breath analysis and said the blood alchohol level was .04. However, because of the age, the student was charged with DUI. His blood alcohol level was listed as .08 because ''that's the lowest they can write on a DUI''
1. why was he not charged with MIP rather than DUI?
2. how can he get the real blood alcohol level be identified?
this is a first offense. WHile we agree there should be consequences, a year without a license and the DUI record seem arduous. He needs to work and go to school.
3. is there any hope of not losing his license for a year? is there any provision for driving to work and school? Is there any hope for ajudication? (I believe that is the term...)
2 Answers from Attorneys
Re: mip vs dui
If your son is tried as a minor he may be able to get an Deferred
Prosecution, e-mail me I 'll explain.
Re: mip vs dui
He is entitled to a trial;
During the proceedings he can obtain a copy of the BAC test score;
He is entitled not to be proceeded against upon a fiticious BAC;
You need a good criminal lawyer knowledgable about DUI's in your town.
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