Cleary Law LLC

Minor In Possession


If you have been charged with minor in possession of liquor or beer, call me now for a free consultation. You may be able to beat this charge and avoid having anything on your record that will hurt your future plans for graduate school or the workforce.

Remember: You can be convicted of this if you admit to drinking. The statute (see below) is very broad and DOES NOT require the officer prove you were drunk or that you were carrying alcohol when he stopped you. If the officer asks if you were drinking, you do not have to answer. You do not have to submit to any alcohol testing. Very politely tell him that you want to invoke your right to remain silent. You don’t have to give the police any evidence to use against you. Keep your mouth shut.

The South Carolina Statute provides, in part:

  • It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
  • A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.

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