Legal Question in DUI Law in South Carolina

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