Alcohol & Drugs: MIP, MIC, Intoxication daughter's MIP

[acesneights41]

My daughter got a MIP tonight. She was sitting outside in her car she took her friends dad home who was drunk. Her car was parked. The police officer pulled up behind her and flashed his lights. The officer had her do the breath test right after her friend. She blew a 0.018. My husband showed up at that time and said the officer was being very rude to my daughter. My husband insisted on another test. She reblew and again blew over. My husband then asked for a blood test and the officer refused. We took my daughter to the ER for testing the will not test blood unless the person is brought in by officer. We had the drug testing people come and give a nother breath test it was 55 minuets ofter the officer tested and my daughter blew a 0.00 My daughter friend died in a drunk driving accident, I belive my daughter when she said she didn't drink, Please help us

 

[raskalnikov]

In my State, you need to blow .02 or above. . .

 

[jacksgal]

Whats your question? Your not clear on this. She is not charged with DUI shes charged with MIP she doe snot have to blow over .08 all she has to do is show positive for alcohol

 

[raskalnikov]

In my state for an MIP you have to blow over .02, otherwise you could be busted for a variety of other things besides intentionally consuming alcohol.

 

[CdwJava]

My husband then asked for a blood test and the officer refused.

Since she was not charged with DUI, they are under no requirement to do so. Plus, the expense fora blood test to use in such a minimal offense would be prohibitive and a waste of funds.

We had the drug testing people come and give a nother breath test it was 55 minuets ofter the officer tested and my daughter blew a 0.00

Then, if she takes the matter to trial, she can call in these "drug testing people" and they can can take the stand with the maintenance and calibration records of their device, and present testimony to refute the allegation by the state that she had been drinking.

- Carl

 

[acesneights41]

We live in Nebraska and the law does not require to blow above a certain level. My question is that she blew right after a friend that admittly had been drinking can this cause her to blow positive. She swears she was not drinking. She lost her best friend to drunk driving and she has been agianst drinking. She was suppose to be with her friend the night she was killed, but did not go with her because she knew they would be drinking. My daughter has lost friends because she has refuse to party with them. I am not just a naive parent. My daughter has sent an example about drinking for years now. I belive she was not drinking. She was giving a fellow friend and his dad a ride home because they were drinking. She was not even at the party. Both the friend and his dad verified this. I need to know how to fight this. I really believe my daughter is not guilty. What can I do??

 

[raskalnikov]

You can call an attorney and talk. Some BAD attorneys charge for initial consultation, but many do not. Many defense attorneys would be more than happy to give you advice for free.

 

[CdwJava]

We live in Nebraska and the law does not require to blow above a certain level.

So, if they have a crime making consumption a crime, ANY positive result is bad for her.

My question is that she blew right after a friend that admittly had been drinking can this cause her to blow positive.

Unless she and the friend swapped spit or shared a bottle, the friend's consumption should have no bearing whatsoever on your daughter's test.

If you are inferring that deep lung air might still be in the device, that is very doubtful as most every machine produced in the last 15 years or more has a "purge" feature that automatically expels that old air.

I need to know how to fight this. I really believe my daughter is not guilty. What can I do??

You bring the witnesses her attorney feels are necessary to cast reasonable doubt on the portable device used for the breath test (at least I ASSUME it was a portable breath device). Depending on the device, it might even be vulnerable to attacks on reliability ... and with many devices having a variable of +/- as high as .02 that DOES put the .018 within the error range. If the device has not been recently calibrated or maintained, that would help even more.

A defense might cost far more than the potential fine, but that is a decision you will have to evaluate for yourself.

- Carl

 

[acesneights41]

Thank you for your responses. My daughter is actually more of the one the wants to fight she even paid for the second test herself. She feels strongly about not drinking and she feels that this will affect her she is on the national honor society and president of her class. and she feels she can not speak out on this subject if she herself has had a MIP.

 

[CdwJava]

It would make her look the hypocrite. But, as I said, if the state pursues the matter, you may have to weigh the entire issue against the costs. In my state, a simple defense would likely set you back a minimum of $1,500. You mat get lucky and the state may decide not to pursue the matter ... or, they may drop it after a little sit-down from an attorney you engage for her. You never know.

- Carl