Alcohol & Drugs: MIP, MIC, Intoxication Minor in Possession of Alcohol in GA

[tstein13]

I was arrested yesterday for minor in possession. I currently have a court date set for July 3rd. I was wondering if anyone knows if I will at least be able to get the charge off my record, given the following situation. My friend was pulled over for speeding late last night (around 3:30 A.M.). The officer came to the window and asked for insurance and id as usual from the driver. He asked him to step out and give him a legitimate reason for speeding. Of course he had none, so the officer asked if he had been drinking. He told the officer he had had 2 beers about 3 hours earlier. The officer asked if the passengers had been drinking and he said they had. The officer gave my friend a field sobriety test, which he passed because he was not drunk. He told my friend that he was under arrest. He then got my friend who was in the passenger seat and arrested him as well. He got me out next and asked if I had been drinking. I told the officer I had had a few beers about 3 hours earlier. He told me I was under arrest and handcuffed me. I was not given a breathalyzer test nor was I read my Miranda rights (my friends hadn't been read them either). Of course there was nothing in the car and no one had any beer or anything else on them. I'm not worried about having to pay a couple hundred dollars or whatever the fine is, but I am more concerned about the charges being on my record. Does anyone know if I have a legitimate case?

 

[areed19]

Hi. I recently (as in yesterday) got an MIP in GA and thought the following information would be helpful to you:

If you are underage (under 21) and admitted to drinking alcohol, the officer can charge you with a MIP/MIC without breathalizing you. Also, you are only required to be read miranda rights if you are cuffed and then interrogated. answering the questions when you are not under arrest does not require miranda rights.

Hope that helps you get a handle on what to do.

 

[areed19]

Also, MIP/MIC is essentially the same charge. They can cite you MIP as minor in possession by consumption.