Alcohol & Drugs: MIP, MIC, Intoxication MIC/Public intoxication of minor

[sherryb2008]

My jurisdiction is: Pullman, WA

My son (19) has an MIC/public intoxication of a minor in Pullman, WA (college town). He was visiting friends and while walking back from a party they were detained by a police officer. They were all polite to the officer and admitted that they had had a couple of drinks and knew that it was wrong to drive, thus they were walking back home. The officer then gave them all tickets for MIC/public intoxication. When I look it up on the computer at the Washington state courts, the charges come up as criminal non-traffic and criminal felony. Is this a mistake....I thought it was a misdemeanor. The RCW on his ticket is 66.44.270 (26). His first court appearance is on Sept. 22nd. We would like to try and get a court appointed attorney but don't know if we need to do that now or wait until the court appearance. Also, when he goes to court since he live in Yakima County versus Whitman County (3 hour drive in Washington State) will he have to post some sort of bond? I tried to post this earlier today but it didn't seem to get posted. Any help would be great....thanks.

 

[CdwJava]

I suspect it is RCW 66.44.270(2b) ... NOT (26) ...

It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.​

So, the state will have to show that they had odor on their breath (which I am sure they did as they admitted to it as well), AND they will have to show they either possessed or were in the proximity of alcohol, or,that "by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor."

The offense is a "gross misdemeanor" and punishable as follows (per RCW 9A.20.021):

Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.​

- Carl

 

[raskalnikov]

That penalty possibility is horribly HARSH!

 

[CdwJava]

It is much the same in many states. However, I would venture to guess that the maximum term and fine is rarely ever applied.

- Carl

 

[sherryb2008]

Okay, I know what he has done is a bad thing but what should we expect. I've never been in trouble with the law so I don't know how the process works. Can we ask for a court appointed attorney or find one that we can afford before his court date? Is his court date a plea/sentencing or will he have to go to court more than just once?

 

[CdwJava]

If this is his initial court date, it should be the arraignment. He will be asked for a plea. If the offense meets the statutory requirements to allow for a public defender (usually only if he will face jail time) and he cannot afford one, an attorney can be appointed for him by the court at that time. If he pleads not guilty he will be given another court date some time down the road.

- Carl