Legal Question in DUI Law in Michigan

open intox

In 1999 I was given a citation for Minor in possession of alcohol. It was while I was attending Michigan State University. Anyway, they dropped the charge to a civil infraction of open intox. My question is how long if ever does this stay on my record? I did not include this on a job application because I thought that part of this charge being lowered was that it wouldn't be on my record. The background check came back with the open intox on it and I did not get the job. Any insight would be greatly appreciated.


Asked on 1/13/06, 12:28 pm

1 Answer from Attorneys

William Morrison Action Defense Center

Re: open intox

Open Intoxicants (in a motor vehicle) is a misdemeanor and is a traffic offense that ordinarily cannot be expunged. If it appears on your driving record (contact your local Secretary of State to see your record) it's a traffic offense.

If the plea bargain was in writing and wrongly states that open intox is a civil infaction, you may have an opportunity to set your conviction aside.

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Answered on 1/13/06, 2:16 pm


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