Underage drinking is a serious matter in South Carolina and is handled seriously by law enforcement and the court system. Being convicted of possession of alcohol while underage in SC can have a serious impact on your life, affecting job opportunities as well as college admissions.
If your child has been charged with possession of an alcoholic beverage or with underage consumption of alcohol, it is wise to speak with a lawyer. Touma Law Group represents people charged with criminal offenses in South Carolina. Call our Greenville criminal defense attorneys or schedule an appointment online for a free initial consultation to talk about the charge. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page.
Minor in Possession Laws in SC
It is unlawful in South Carolina for a person under the age of 21 to purchase, attempt to purchase, consume, or knowingly possess beer, wine, or other malt or fermented beverages (S.C. Code Ann. § 63-19-2440), or alcoholic liquors (S.C. Code Ann. § 63-19-2450). Possession is prima facie evidence that the alcohol was knowingly possessed. A violation is a misdemeanor.
The statutes include several exceptions under specific circumstances:
- Possession for employment: A person 18 or older who is lawfully employed to serve or remove beer, wine, or alcoholic beverages in an establishment licensed to sell them is not in unlawful possession during the course and scope of those duties. A bartender must still be at least 21 years old.
- Possession for education: A student 18 or older who is enrolled in an accredited college or university in a culinary course approved by the State Commission on Higher Education may taste, but not consume, alcohol for instructional purposes as part of the required curriculum. The beverage must stay in the possession and control of an authorized instructor who is 21 or older.
- Possession for compliance checks: A person under 21 who is recruited and authorized by a law enforcement agency may be used to test whether an establishment follows South Carolina law on the sale of alcohol to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person’s parental consent.
Penalties For Underage Alcohol Possession
Possession of alcohol by minors is a criminal offense in South Carolina, but the consequences can vary depending on the specifics of the case.
- Purchase, attempted purchase, consumption, or knowing possession of beer, wine, or liquor by a person under 21 is punishable by a fine of $100 to $200, imprisonment of up to 30 days, or both. The person must also complete an approved alcohol prevention education or intervention program of at least eight hours, which may cost no more than $150 (S.C. Code Ann. § 63-19-2440 and S.C. Code Ann. § 63-19-2450).
- Giving false information about your age to buy beer or wine carries the same range of a $100 to $200 fine, up to 30 days in jail, or both (S.C. Code Ann. § 61-4-60). Falsely representing your age to get liquor is covered by S.C. Code Ann. § 63-19-2450.
If a law enforcement officer has probable cause to believe a person is under 21 and has consumed alcohol, the officer or the person may request an alcohol screening test using a device approved by the State Law Enforcement Division.
Supplying Alcohol to a Minor
South Carolina prohibits adults from selling alcohol to a person under 21, and from giving or transferring alcohol to a person under 21 for the purpose of consumption. For a first offense, a violation is punishable by a fine of $200 to $300, up to 30 days in jail, or both. A second or later offense is punishable by a fine of $400 to $500, up to 30 days in jail, or both (S.C. Code Ann. § 61-4-50, S.C. Code Ann. § 61-4-90, and S.C. Code Ann. § 61-6-4070, with liquor sales covered by S.C. Code Ann. § 61-6-4080).
In addition to the exceptions listed above, three more apply to giving alcohol to a person under 21:
- A spouse over the age of 21 may give alcohol to an underage spouse in their home.
- A parent or guardian over the age of 21 may give alcohol to their children or wards under 21 in their home. The statute does not list an exception for other people’s children.
- A person may give alcohol to someone under 21 in conjunction with a religious ceremony or purpose, if the alcohol was lawfully purchased.
Some of the consequences of a minor in possession (MIP) conviction in South Carolina include:
- A driver’s license suspension of 120 days for a first conviction, and one year for a second or later conviction within ten years (S.C. Code Ann. § 56-1-746). A person who is employed or enrolled in a college or university may be able to apply for a special restricted driver’s license
- A fine of $100 to $200, plus court costs
- Jail time of up to 30 days
- A required alcohol prevention education or intervention program
- Possible disciplinary action from schools or colleges, depending on their own policies
A conviction for a minor in possession charge can have a long-reaching impact on you. You may be rejected by prospective schools or employers because of your criminal record, have difficulty attending class or work around a license suspension, and face strained personal relationships if you are required to serve time in jail. A juvenile criminal defense lawyer can explain your options and the possible consequences of your charge.
Can You Remove a MIP Charge From Your Record?
There are certain circumstances in which a minor in possession charge can be removed from your record. Each circuit solicitor has an alcohol education program for certain alcohol-related offenses, including an MIP charge under Section 63-19-2440 or 63-19-2450. A person may be considered if the person was at least 17 but under 21 at the time of arrest, has no prior alcohol-related offenses, and has no significant history of prior delinquency or criminal activity. A person may take part only once, and there is a $250 enrollment fee that may be waived or reduced for a person who cannot pay it. When a person successfully completes the program, the circuit solicitor effects a noncriminal disposition of the offense, and the person may apply to the court for an order to destroy the official arrest records (S.C. Code Ann. § 17-22-520, S.C. Code Ann. § 17-22-530, and S.C. Code Ann. § 17-22-550).
If the charge is discharged, the case is dismissed, or you are found not guilty, you may be able to apply to expunge your record (S.C. Code Ann. § 17-1-40). After a conviction for an offense with a penalty of no more than 30 days in jail or a $1,000 fine, you may apply to the circuit court for expungement three years after the conviction, if you have no other conviction during that period. A person can use this option only once, and it does not apply to an offense involving the operation of a motor vehicle (S.C. Code Ann. § 22-5-910).
If you are convicted of an MIP charge and none of these options applies to you, the conviction stays on your record.
How an Attorney Can Help With MIP Charges
Defending a minor in possession charge in court can be difficult. Contact a criminal defense attorney at Touma Law Group if you are facing a MIP charge to learn what options you have. An attorney can review the facts of your case, explain the laws that apply, and talk with you about each path that may be open to you, such as the alcohol education program or a trial. No lawyer can promise a particular result. Call us or send us a message online to schedule a free initial consultation.
