Minor in Possession of Alcohol in South Carolina: The Consequences and How to Avoid Them

December 11, 2024
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Criminal Defense

Underage drinking is a significant concern in South Carolina. One of the ways the state is combatting this problem is harshly prosecuting alcohol-related offenses, including minor in possession of alcohol (MIP) charges.

Whether you have been charged with an MIP or have a minor who has been arrested, iyou need to contact Barboza Law immediately. Our Rock Hill criminal defense attorney will fight to protect your rights and safeguard your future from the damaging consequences of a criminal record.

Understanding Minor Alcohol Possession Laws in South Carolina

South Carolina prohibits individuals under the age of 21 from possessing or consuming alcohol. The state takes a firm stance on alcohol-related offenses. Violations can lead to penalties such as fines, community service, and enrollment in alcohol education programs. Understanding these laws is the first step in addressing charges effectively.

You may be charged with a MIP for the following situations:

  • Purchase or attempted purchase of alcohol
  • Using a fake ID to purchase alcohol
  • Consuming alcohol (also includes underage drinking charges)
  • Possessing alcohol, either actual or constructive

A minor may be charged with constructive possession of alcohol if they are at a party where alcohol is being served. When reviewing enforcement statistics, South Carolina does not release arrest data of minors found in possession of alcohol. However, South Carolina often tops lists of most arrests during Spring Break for alcohol-related offenses, including  DUI and MIP violations.

In some cases, minors may face underage drinking and possession charges. If you have recently been charged with underage drinking or a MIP, our Rock Hill DUI attorneys can help you determine the best course of action and begin building a successful defense strategy.

Legal and Potential Long-Term Consequences if Convicted

A conviction for a minor in possession of alcohol can have lasting repercussions, including fines and possible time in jail.

What are the Penalties for MIP Conviction?

The penalties for a minor in possession of alcohol charge, according to South Carlina law, are as follows:

You may also face license suspension and mandatory enrollment in an alcohol treatment program (ADSAP).

What are the Long-Term Consequences of MIP Conviction?

In addition to the above, a conviction can lead to increased insurance rates and limit future educational or employment opportunities. A MIP is a misdemeanor offense and will show on a background check. You may face:

  • Difficulties obtaining certain permits and professional licenses
  • Challenges in employment
  • Limited access to housing
  • Limited educational opportunities

With a criminal record, admissions to higher education may be limited and challenging. However, with a strong legal defense, there is a potential to reduce these impacts, aiming for outcomes emphasizing rehabilitation and future opportunities.

Fighting Charges of Underage Possession of Alcohol in South Carolina

A skilled criminal defense attorney can help you contest minor in possession of alcohol charges in Rock Hill and Lancaster, SC. This may include challenging the legality of the search or seizure, questioning the evidence, or negotiating plea deals for reduced sentencing.

WE'll fight to get you the best outcome possible, whether through reduced charges, alternative sentencing options, or case dismissal. Contact Barboza Law today for a consultation by using our online form or calling (803) 973-6003.

South Carolina Minor in Possession of Alcohol FAQs

Should I get an attorney for a minor in possession of alcohol charge? 

Yes, if you are or have a minor charged with a MIP, it may be in your best interests to hire legal counsel. With the guidance of an experienced criminal defense lawyer in Rock Hill, SC, there is a potential to mitigate these charges and protect the minor’s future.

Every case is unique, and a skilled attorney can analyze the specifics of your case to determine if your charges may be able to be dismissed or reduced. A prompt, strong defense is the most effective approach to ensure the best possible outcome for these serious charges.

Will my Minor in Possession (MIP) charge fall off my record when I turn 21?

No, a minor in possession of alcohol conviction is a misdemeanor. Misdemeanor offenses may stay on your criminal record indefinitely, appearing on background checks and limiting future opportunities.

Can a misdemeanor minor in possession of alcohol charge be expunged?

Depending on the circumstances, a first-offense MIP may be eligible for expungement. In addition, specific criteria must be met under South Carolina law.  An attorney can analyze the details of your record and help you navigate the expungement process more successfully.