Legal Question in DUI Law in South Carolina

possession of beer under 21

in attendence at a club that allows 18 and older. Walked out and was charged with possession. Ask for a field test and was denied. Still charged with 20-7-8920 (Possession) Was the officer able to charge after refuse to get field test.


Asked on 12/01/06, 1:27 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: possession of beer under 21

When you say field test I assume your referring to either a field sobriety test or a field breathalyzer test. You didn't say. Your question gets asked a lot. A person that is charged with Minor in Possession of Alcohol is not entitled to either of those tests. The charge is only for having possession of alcohol and whether a person was drinking it or was intoxicted has nothing to do with the charge. You never mentioned the most important concern, and that is whether you were in possession of alcohol. There are still certain defenses to this charge and legal methods of getting the charge dismissed, but I cannot advise you without more information. Your welcome to call or email.

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Answered on 12/02/06, 9:37 am


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