DUI, DWI, & MIPs

DUI, DWI, & MIPs

What happens when you get a DUI? How long does a DWI stay with me? As a college student, what can an MIP do to my future? In this article we dive into what it means to be charged, what can lessen the charge, and what you need to do when you get one.

What is an MIP?

An MIP stands for “Minor in Possession.” You can get an MIP (if you are under 21) if you tried buying alcohol, had it in your possession, or consumed it. This is a frequent offense for college students. College student parties around Springfield as well as downtown night clubs are notorious for illegally serving minors alcohol.

What can lessen the charge, or how can I fight an MIP charge?

Your age, whether you are intoxicated at the time of the charge, and if you have a history of illegal behavior all can influence the severity of the punishment and could also give you leverage in fighting it in court. We recommend talking to a professional about the possibility of fighting your charge in court, as they can give you a better view of your options.

What to do when I receive an MIP?

For one, be courteous and respectful to the officers – often, they are only doing their jobs and would rather not be dealing with some obnoxious college students. Second, call your lawyer and talk about your options. The consequences could be paying a fine, community service, taking a class, or a mix, but your lawyer can tell you more and if you have any other options.

What is a DUI & DWI?

A DUI stands for “Driving Under the Influence.” This could be the influence of alcohol or drugs. A DWI stands for “Driving While Intoxicated.” Typically, a person will be charged with a DWI when their BAC is 0.08% or more. Generally, a DUI is a lesser offense than a DWI, but is still very serious. You could be charged with a DUI/DWI from failing a sobriety, chemical, or other test a police officer conducts on you.

What can lessen the charge, how to fight the charge, and what do to when you get one:

A BAC (Blood Alcohol Concentration) test can be off by up to 0.02%. Therefore, the first thing you need to do is to call your lawyer. Your lawyer can help determine your options and figure out whether your charge has any chance of being dismissed due to the test being faulty, the officer not conducting himself/herself properly, etc. If you notice anything you think might help you get out of the charge while the officer is there, take note of it and bring it up with your lawyer. Consequences of a DUI/DWI could range from paying a fine, community service, probation, taking classes, your license being revoked, jail time, and more (depending on the severity of the charge, what the lawyer can do, and what the judge decides).

How long does an MIP/DUI/DWI stay on my record?

A first offense DUI/DWI can stay on your record for a decade (although you can petition courts to have it removed from your record), but repeat offenders can expect it to be on their record forever. After 5 years of the reinstatement date, and once the offender has turned 21 years old, an MIP offense can be deleted from their record.

If you ever receive a MIP, DUI or DWI, know what to do…. Call Tad Morlan! 

For more information, check out the websites we’ve referenced:

https://www.dmv.org/automotive-law/dui/faq.php

https://criminal-law.freeadvice.com/criminal-law/drunk_driving/missouri-dui.htm

http://dor.mo.gov/faq/drivers/mip.php