Alcohol & Drugs: MIP, MIC, Intoxication M.I.P. with no breathalyzer, no alcohol on their possession and no admittance of drinking

[MIPS]

Jurisdiction

Michigan

My daughter recently received an MIP while at college. She is overall a great kid attending a prestigious university, she and her roommate went to a Frat party. She consumed 2 drinks, onc of which we suspect was spiked with Ketamine. She soon didn't feel well almost immediately and they left, on the way back to her dorm an officer saw her stumbling on the sidewalk and stopped them. She was never given a breathalyzer, had no alcohol on her, never admitted to drinking. Since the officer felt he saw clear signs of intoxication he then cuffed her and and put her in the back of the police car without reading her Miranda rights. She was taken to the hospital by him for observation as she was so out of it. She has very minimal recollection of the event and was clearly given something. We are waiting on the drug test results (independently did a 21 drug screen which includes Ketamine). Is this worth fighting or should she take the first time offender package offered in Michigan - two 90 minute counseling sessions, 6 months non-reporting probation and a $405 fine?

 

[mightymoose]

The officer's observations of her condition are sufficient. Miranda is not required here.

Personally I'd await the drug results. She may have a reasonable argument to make if she claims to have been unknowingly drugged. Get the results and consult an attorney. However, if her BAC is crazy high I'd take the deal.

 

[adjusterjack]

My daughter recently received an MIP while at college. She is overall a great kid attending a prestigious university, she and her roommate went to a Frat party.

Which is why they go easy on first offenders.

She was never given a breathalyzer, had no alcohol on her, never admitted to drinking.

None of that was necessary.

According to the statute "A minor shall not...consume...alcoholic liquor,.., or have any bodily alcohol content."

Read the entire statute in case there is even a remote possibility of an exception or defense.

Michigan Legislature - Section 436.1703

Since the officer felt he saw clear signs of intoxication he then cuffed her and and put her in the back of the police car without reading her Miranda rights.

Miranda is not necessary unless the police intend to use the suspect's statements against her. Not the case here.

Is this worth fighting or should she take the first time offender package offered in Michigan - two 90 minute counseling sessions, 6 months non-reporting probation and a $405 fine?

That's a choice only you and your daughter can make.

Read paragraph 3 of the statute.

We are waiting on the drug test results

Good idea.

As soon as you get them, consult a criminal defense attorney.

 

[army judge]

My daughter recently received an MIP while at college.

MIP = she had alcoholic beverages on her person

MIC = she consumed alcoholic beverages as determined by the arresting officer

Was she in possession of alcoholic beverages when she was arrested?
If she had no alcohol on her person, she can easily defend that charge.

If, however, based upon the officer's observations she was arrested because of his physical observations and her admission, that is a different matter.

Having her blood screened was a wise choice, if the charge was MIC.

If she was charged with MIP, she didn't need to consume alcohol to be so charged, she merely needed to be found in possession of the substance.

 

[adjusterjack]

Michigan doesn't have an MIP or an MIC statute so she will be charged with neither.

The charge is likely to read something like Violation of 436.1703 Purchase, consumption, or possession of alcoholic liquor by a minor in that the minor consumed alcoholic liquor or had bodily alcohol content.

 

[mightymoose]

It appears a bill is coming through the legislature reducing this to a simple infraction.
Actually it passed already... Maybe not enacted yet.