For many young people, an alcohol-related charge may start with what seems like a relatively minor situation: a party, a tailgate, a concert, or a night out with friends.
But being under 21 and caught possessing alcohol can lead to more than an uncomfortable conversation with your parents.
In South Carolina, a person under 21 can face a misdemeanor charge for knowingly possessing certain alcoholic beverages. The consequences can include fines, possible jail time, and mandatory alcohol education.
If you or your child is facing a minor in possession charge, understanding what the charge means and what could happen next is an important first step.
What Is a Minor in Possession Charge in South Carolina?
South Carolina law generally prohibits people under 21 from purchasing, attempting to purchase, consuming, or knowingly possessing beer, wine, and similar malt or fermented beverages. A separate statute addresses alcoholic liquor.
For these offenses, possession itself can serve as prima facie evidence that the person knowingly possessed the alcohol.
In other words, simply saying that the alcohol belonged to someone else may not automatically resolve the issue.
The circumstances still matter, including where the alcohol was found and what law enforcement observed.
Is a Minor in Possession Charge a Misdemeanor?
Yes.
Under South Carolina law, violations involving the unlawful possession of beer, wine, or certain similar beverages by someone under 21 are misdemeanors. The same classification applies to unlawful possession of alcoholic liquor by someone under 21.
A misdemeanor may sound less serious than a felony, but that does not mean you should ignore the charge.
A conviction can create legal and personal consequences, particularly for a young person who is applying for jobs, attending college, pursuing a professional career, or trying to protect a clean record.
What Are the Penalties for Minor in Possession in South Carolina?
A person convicted under these provisions can face:
- A fine of $100 to $200
- Up to 30 days in jail
- Both a fine and jail time
- Completion of an approved alcohol prevention education or intervention program
The required alcohol program must last at least eight hours. The cost to the person cannot exceed $150. The exact outcome of a case depends on the circumstances and how the case is handled. A charge is also not the same thing as a conviction.
Can a Minor in Possession Charge Affect Your Future?
For a young person, an alcohol-related misdemeanor can feel especially concerning because it may come at a time when important opportunities are ahead.
College applications, employment, professional goals, and other plans can make questions about a criminal record particularly important.
That does not mean every minor in possession charge will prevent someone from getting into college or finding a job. The impact depends on the circumstances, the outcome of the case, and the requirements of the particular school, employer, licensing agency, or program.
The important thing is not to assume that the charge is either harmless or permanently damaging without understanding the specifics of the case.
What If the Alcohol Was Not Yours?
This is one of the questions parents often have after an arrest.
Maybe your child was at a party and alcohol was found nearby. Maybe several people were in a vehicle. Maybe someone else brought the alcohol.
South Carolina’s law specifically addresses knowing possession, and possession can serve as prima facie evidence of knowing possession.
That makes the circumstances surrounding the alleged possession important.
Where was the alcohol? Who had access to it? What did law enforcement observe? What statements were made?
Those details can matter when evaluating a case.
What If You Were Drinking but Were Not Driving?
A minor in possession charge is different from a DUI charge.
South Carolina has separate laws addressing underage alcohol possession and driving with alcohol in a person’s system. For example, the state’s implied-consent law provides for license suspension proceedings when a person under 21 drives with an alcohol concentration of 0.02% or more.
If alcohol and driving are involved in the same incident, the legal issues can become more complicated.
A young person facing an alcohol-related charge should understand exactly what offense law enforcement has alleged rather than assuming it is simply a minor in possession case.
Are There Exceptions to South Carolina’s Underage Alcohol Laws?
South Carolina law contains specific exceptions.
For example, the statutes include certain exceptions involving alcohol used in the home of a parent or guardian and alcohol used for religious purposes when it was legally purchased. There are also specific exceptions for certain educational or law-enforcement testing situations.
These exceptions are fact-specific. You should not assume that being at a private home or being with a parent automatically makes every situation legal.
What Should You Do After a Minor in Possession Arrest?
If you or your child has been charged with minor in possession, start by taking the charge seriously.
Do not assume it will simply go away. Find out exactly what offense was charged and when you are required to appear in court.
It can also help to preserve any information about what happened, including messages, photographs, videos, or other details that may provide context.
Most importantly, avoid making statements about the incident without understanding how those statements could affect the case.
If you have questions about the charge, speaking with a South Carolina criminal defense attorney can help you understand the allegations and your options.
A Minor in Possession Charge Does Not Define a Young Person’s Future
An alcohol-related mistake can be frightening for a young person and their parents. It does not mean you should assume the worst.
At Allen & Allen Law Firm, we understand that our clients are more than the charges listed on a piece of paper. We take the time to listen, understand what happened, and explain what the case may mean.
As a family-owned law firm based in Anderson, we represent clients throughout Anderson and the surrounding Upstate communities.
If you or your child is facing a minor in possession charge in South Carolina, call Allen & Allen Law Firm to discuss your situation.
This article provides general information about South Carolina law and is not a substitute for legal advice about a specific case.
