Legal Question in DUI Law in Michigan

I don't know what law this goes under, sorry. So, I picked the closest one.

I'm 18 years old and a resident of Michigan. Last night I received an MIP (lucky me) with a BAC of .08. I do not remember what the last number was. Coincidentally, the state police officer did not write down my BAC on my ticket. Out of about 15 people, I'm the only one who had nothing written down under the BAC field on my ticket.

Can I somehow fight this seeing as it's not written on my ticket?

If not, how should I handle this?


Asked on 10/10/10, 8:25 am

1 Answer from Attorneys

William Morrison Action Defense Center

Can I somehow fight this seeing as it's not written on my ticket? No. The officer's testimony will be enough.

If not, how should I handle this? An attorney will help you to avoid a record.

Attorney Morrison's hints to minors for avoiding alcohol-related arrests.

1. Don't drink alcohol.

2. Avoid gatherings of drunken minors where police officers are (or shortly will be) present.

3. If an officer asks if you've been drinking and you say Yes, a PBT is unnecessary.

4. If an officer observes that you smell like booze and have flecks of vomit on your shoes, no PBT is required.

5. If you are holding a can of beer while speaking to the officer - guess what?

6. If the officer asks you to take a PBT and you haven't done 2-5, your refusal is not a crime, but is a civil infraction. However, you still can be arrested for MIP as it wasn't the booze fairy that tossed all those beer cans in the back of your truck.

7. If the officer notes that you are already on probation for MIP and you refuse a PBT, your parents can pick you up in the morning from the lockup after they post your bond.

Note that an initial MIP seems to be a right of passage for wannabe adults. A second MIP is usually indicative of a double digit IQ...

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Answered on 10/15/10, 5:34 pm


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