I received an MIP last night. I was WALKING HOME, and a cop in my neighborhood pulled over and started asking me questions, and could tell I was intoxicated. He searched me and got wallet. He issued a MIP. My court date is tomorrow for the DUI, when I will officially start probation. I am 19 years old and extremely nervous I am just going to get screwed for (pardon the underage drinking), but drinking under the right conditions and choosing to walk home. Will this affect probation since technically I haven't started? Will it get stacked onto my DUI or will I receive and repercussions on my DUI sentencing if it is only in one day and they may not know about it? I am a wreck at the moment please let me know.
I do have a lawyer, but I can't get hold of him right now.
General Practice Lawyer
First of all -- when you go to court, you need to make your attorney aware of the situation. What you can't afford to do is attempt to pull the wool over a prosecutor's eyes in such a situation. Why in heaven's name would you be drinking alcohol underage after picking up a DUI? If you don't get what seems to be a persistent problem under control, your life is going to take a direction that will be full of problems.
There is a Colorado disciplinary opinion that deals with similar facts. In that case, when the attorney failed to mention the new case, he faced major disciplins. Don't be surprised if your attorney recommends that you tell the prosecutor about this situation to start you on the road to getting the help you need.
Best of luck to you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
DUI / DWI Attorney
If you had been on probation, it would be a violation of probation.
Sounds like you are going to court and will get sentenced on your DUI. If you are under a bond that has a NO ALCOHOL condition that is one thing. If you had not been issued a NO ALCOHOL condition by the Court then while you are still under age, there is no other drinking restriction. The bottom line is if you go forward with the probation and the MIP comes up later it could be used to revoke your probation and you don't want that. I agree with the other lawyer, you have to let your lawyer know because this may affect the plea agreement and may affect how the judge handles your sentencing. It is better to address it up front particularly if it is in the same jurisdiction and maybe could be disposed of as part of the plea agreement. Good luck.
By answering this question on AVVO we do not enter into an "attorney-client" relationship. My answer to you is for educational purposes only and is my best recommendation based on the information provided to me.