Legal Question in DUI Law in South Carolina

minor possesion of alcohol

My 17 year old daughter was at an after-prom party. The party was busted by police. She was not drinking, smoking, etc. but because there was beer found she was charged with possesion of alcohol. She pleaded to test her for alcohol and was refused. The officer told her it would not make a difference. There were people there over 21. Is this a legal charge? The other issue is that she was patted down by a male officer, she was asked if she was wearing a bra, and told to bend over and shake out her shirt in front of other kids. Is this right? Thank-you.


Asked on 5/08/03, 8:50 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: minor possesion of alcohol

I really don't know enough about what happened to advise you as to whether it was a "legal charge." It would be nice to know where exactly she was inrelation to the alcohol. For example, was she in the same room, was it in the yard and she was in the house, etc. These things are important. As far as her pleading for a test, the law doesn't afford an individual the right to have a test. She was arrested or ticketed for "possession," not "consumption." Personally, I think it would be nice if that was in the law, but it isn't. As far as there being people present that were over 21, that could make a difference. But again, I would still need to know more specifics in order to advise. As far as her being patted down, the police really should have had a female officer do that. However, I don't know if one was available or not. The police are allowed to check a person for weapons and that would be their justification. Just so you know, there are legal steps that can be taken so that your daughter will not have a record. I would not advise her to immediately go plead guilty without discussing it further with an attorney. If you have more questions your welcome to call. Robert Johnston 843-828-1137. Surfside Beach, SC

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Answered on 5/08/03, 8:40 pm


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