DUI in Michigan and why Having a Prior MIP Complicates Things
As part of my Drunk Driving Practice, I handle lots and lots of DUI cases. The first question any DUI Lawyer has for a potential Client is "Do you have any priors?"
Often, the Client will indicate that they don't have any prior DUI's, but will mention that they had an MIP (which stands for Minor in Possession of Alcohol) when they were younger. This article will look at how a prior MIP (or several prior MIP's) can complicate a DUI charge.
The biggest concern in any DUI case (besides Legal Fees, Court Costs and staying out of Jail) is determining if the person charged has either an alcohol problem, or at least the potential to develop one.
This is why, BY LAW, prior to being sentenced for a DUI (and it doesn't matter whether it's a 1st, 2nd, or 3rd offense), a person must undergo a mandatory alcohol evaluation, sometimes called a PSI, or a Screening, or and Assessment. The Court is supposed to order a DUI Driver into the appropriate counseling or treatment if it is determined that they either have a problem, or present a potential or risk of developing one. This facet of any Sentencing is part of a person's Order of Probation.
Beyond the increased statistical risk that anyone with a growing number of alcohol-related Criminal Offenses has, the simple fact of the matter is that anyone in the Judge's seat sees a prior MIP as evidence of more inappropriate drinking. I often tell my Clients that, in a very real way, the Judge can write the date of that first MIP on a board, and then put the date of the new DUI to the right of it, and connect them with a line, and say "this is how long we know you've had a problem." A person may not be an alcoholic, but having more than one Drinking Offense in your past sure kills any notion of the DUI being an "isolated incident."
It is, of Course, the job of the Lawyer to educate the Client about that mandatory alcohol assessment, to make sure the Client avoids tallying up a score that indicates a problem, or a problem more severe than could otherwise be the case. On these alcohol assessment tests, the higher a person's score, the more severe their alcohol problem, or the greater the likelihood or potential there is for them to develop one. The lower their test score, the better things are.
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