QUESTION
Can police give me an MIP the next day without giving me a breathalizer?
Asked on Sep 14th, 2012 on DUI/DWI - Utah
More details to this question:
I was very obviously drunk and fire department and police came. I had left a party and didn’t bring any alcohol back with me. I am 18 and I told them that, but I wasn't given a ticket or breathalyzer, I was given a time to meet with an officer tomorrow. Can I still get a ticket? Classes? What should I expect?
11 ANSWERS
Steven D. Dunnings
Yes.
Answered on May 22nd, 2013 at 3:04 AM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:04 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can be given a charge of MIP without a breathalyzer. It is not under the influence it is possession of alcohol.
Answered on Sep 27th, 2012 at 11:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, they can give you a ticket. Sounds like a breath test is really irrelevant, especially since you admit that you were "obviously drunk", requiring the fire department and police to come to the scene. What ultimately happens in court is yup to the judge. You may want to hire an attorney.
Answered on Sep 20th, 2012 at 3:22 PM
Michael J. Breczinski
Do NOT talk with the police. They jsut want to have you confess to drinking. If you go have an attorney with you. That person can figure out if they will give you some slack.
Answered on Sep 20th, 2012 at 3:21 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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MIP does not require consumption or intoxication. I would guess you'll get cited for public intox, a misdemeanor.
Answered on Sep 20th, 2012 at 3:21 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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DON'T MEET WITH THE POLICE!!!!! SAY NOTHING TO THE POLICE!!!!!! YOU DO NOT HAVE TO MEET WITH THE POLICE VOLUNTARILY!!!! IF THEY ARREST YOU SAY "I WANT A LAWYER" AND DO NOT ANSWER ANY QUESTIONS!!!!!!!!!
Answered on Sep 20th, 2012 at 3:20 PM
Michael Paul Vollandt
If you were drunk but no alcohol test was given at the worst you may be in trouble for drunk in public. If you speak with law enforcement you should be guarded about speaking with them. If you get nervous about it truncate the meeting and tell them you wish to have an attorney present before you speak.
Answered on Sep 20th, 2012 at 3:20 PM
Of course you can. You being dead drunk and the cop seeing you like that is all the evidence that they will need. You better hire a lawyer to try and get the charge dismissed, or you will end up having a criminal record plus having your license suspended for 1 year.
Answered on Sep 20th, 2012 at 3:19 PM
3 Awards
As of yet, it does not appear that you have been charged. They may be offering an alternative program. If you are charged with MIP, you should contact a DWI attorney right away. We can lessen the consequences of the charge, and in some cases, have the charge thrown out. If there was no breathe test and no sobriety tests, they may have a hard time proving you were drunk. I suggest meeting with an attorney before you meet with the police. Have you admitted to drinking?
Answered on Sep 20th, 2012 at 3:18 PM
Don't admit anything to the police. If they can't prove you were intoxicated or were in possession of alcohol, they may not be able to convict you. The biggest consequence of a MIP is losing your drivers license. Consult an attorney immediately.
Answered on Sep 20th, 2012 at 3:15 PM