What Is a Better Deal, Minor DUI or MIP?

If you have been charged with minor driving under the influence of alcohol there are not a lot of plea deal reductions to choose from, since this is a pretty low offense. Therefore it can be difficult to try and come up with a game plan on how best to resolve this type of even.

With a DUI over.08 its pretty simple to come up with plan on how best to resolve the case. Usually there are lesser offenses than the DUI can be reduced to that limits the consequences and penalties of a DUI offense. However minor DUI usually does not carry very many penalties and consequences. Especially compared to its more serious counterpart. However despite not carring all the consequences, and penalties, it still carries the stigma and negative connotation due to the term "DUI" in the charge. And many people want to avoid having that term in their criminal history. So what can be done with a minor DUI.

One option that I think is a better deal, is changing the charge to minor in possession of alcohol. Usually this is a more serious offense, meaning the maximum penalty is higher and comes with a larger possible fine. But to me this sounds a heck of a lot better than having DUI in the title.

Why does an MIP sound so much better you ask? Well first of all it doesn't involve driving. As a parent I think I would prefer my son or daughter have an offense that involves possessing alcohol as opposed to driving with alcohol in their system. When you think of a minor in possession charge this can be something as simple as having a beer at a college party, or having a drink in your hand at a football tailgate.

Secondly this type of offense is more likely to get vacated after their appropriate time frame expires. Why is this? Because again there isn't a driving element associated with it. Most Judges want people to have their record reflect prior DUI charges. This is because of sentencing issues, and the laws with repeat offenders. However a Minor in possession would not fall under this category and a Judge might be more likely to vacate or expunge the charge off the record of the individual or minor convicted of this offense.

In the end this will really be up to the defendant. However in my opinion I think a MIP sounds a lot better, and has a better chance of ultimately being removed than a minor DUI.