Minor in Possession Defense Lawyer
A First MIP is Just a Civil Infraction with Certain Penalties. A Second MIP is a Misdemeanor and You Already Did It Once Before
If You're Charged with MIP
If you have been charged with being a Minor in Possession of Alcohol or MIP and you think it's “no big deal”; don't believe it. Even though a first time charge is now a civil infraction, you should take a Minor in Possession charge seriously. Prosecutors and Judges take Minor in Possession or MIP charges very seriously and being convicted of a 2nd MIP can mean having a misdemeanor on your record, having the charge reported to the Secretary of State, and being required to pay expensive fines and court costs. It also could mean, if you are convicted of Minor in Possession or MIP 2nd, having to say on a job application or application for college that you have a criminal record.
Schmierlaw has experience defending under 21 year olds who have been charged with MIP. We will work aggressively to keep a conviction off your record. Call for an initial, no-cost consultation.
Michigan’s MIP Law
A minor shall not purchase or attempt to purchase, consume, possess or have any bodily alcohol content. A minor who volates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions:
- For the first violation, –Plead responsible for a civil infraction, pay a fine of not more than $100.00, be ordered to participate in substance abuse prevention services or substance abuse treatment, be ordered to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
- For a violation following a prior conviction-Be imprisoned for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction, pay a fine of not more than $200.00, or both, participate in substance abuse prevention services, perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
- For a violation following 2 or more prior convictions,Be imprisoned for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction, pay a fine of not more than $500.00, or both, ordered to participate in substance abuse prevention services or substance abuse treatment, perform community service, and to undergo substance abuse screening.
How We Can Help if You are Charged with an MIP
Our office will examine the arrest and determine whether there was probable cause to request a PBT and make sure your Constitutional rights are protected. And under the law, first time offenders may be eligible for a diversion program. But you must consult an Attorney who knows the law and can advise you on your best options. In addition, our Office will suggest things you can do to help your case and give the prosecutor reasons to not prosecute to the furthest extent of the law.
For the Best Criminal Defense Possible
Contact Schmierlaw for an Initial No-Cost Consultation
Contact Us for an Initial No-cost Consultation
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: jschmier@schmierlaw.com