It depends on the court, prosecutor, judge and your client's attitude & behavior. She should immediately begin attending AA meetings and seek additional substance abuse treatment & counseling if necessary to demonstrate that she recognizes she made a mistake and is being proactive. Her first MIP conviction should have been done through the Youthful Trainee Act (YTA), which means it would be sealed and treated as a juvenile offense, since she was under 21. She may also face charges for a probation violation, if she is truly on probation, versus "under advisement." I strongly suggest she retain a lawyer, especially since courts look at MIP convictions as an "alcohol related offense" - almost the same as drunk driving. If she gets a drunk driving charge in a few years, her penalties will be harsher since she already has 2 alcohol-related convictions, even though they were not for drunk driving. A lot of people receive MIPs, especially those that live on a college campus, however, it is always best to have any conviction possible sealed, as misdemeanors cannot be expunged or otherwise hidden/removed later on.
Given that she received 2 MIPs in 2 months, and is only 18 (not even close to the legal drinking age), the Court will view her as non-remorseful and not making any changes in her lifestyle, and/or that she has a serious alcohol problem and requires treatment. I'm sure that she is supposed to refrain from alcohol abuse as part of her probation, and because she's under 21, so this is a major violation, no matter how you look at it. Statistics show that those who start drinking at an early age are much more likely to be caught drunk driving - and several times - and are more likely to become alcoholics, and abuse other substances. Obviously she consumes alcohol on a regular basis, as what are the chances that she has only consumed it twice, and just happened to get caught those two times. These charges can and will screw up her future, including college and employment, and should be taken very seriously.
Her penalties could include a victim's impact seminar, alcohol abuse counseling and treatment (in-patient and/or out-patient for up to 6 months), community service, probation, random alcohol and drug testing, alcohol tether, work release, bootcamp, interlock system on her vehicle, several years probation, restitution, and fines/costs. Jail time is possible, but unlikely, unless the Judge really wants to send a message to her. Courts are more strict on MIPs than they were 10 years ago and can certainly send people to jail for an MIP, or require work release (where you are in lockdown for a weekend and work all day for the government).
If she has the funds to retain a lawyer, please have her contact me immediately. If she is not in the Detroit area, I can refer her to a reputable lawyer in her area. You should never hire a lawyer unless he or she is referred to you by someone who has used or is familiar with their services.
