Alcohol & Drugs: MIP, MIC, Intoxication Michigan MIP Law

[Steve_Schauer]

What is the new case ruling with MIP's in regards to juridication? More specifically drinking in Canada and then crossing the border.

Also, I've been told by an unreliable source of information that in MI they will soon no longer be able to hand out MIP's based upon a PBT because they have been ruled as not accurate enough to base an MIP off of. Thanks for anyones help!

 

[Michael Wechsler]

Everything depends upon the statute you are talking about. If you drink in Canada and cross the border and are intoxicated and take a breathalyzer, you may be deemed as being in "possession" of alcohol according to some statutes, although I'm not sure if MI has such a statute. MIP requires possession of alcohol in some fashion. Intoxication laws may also apply and getting drunk in CA and crossing the border doesn't change the fact that the crime is committed if you are in a certain bodily state at the time you are within the jurisdiction. How this is proven, e.g. a sobriety test, is another issue.