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Have you ever wondered why or how one is arrested for underage drinking or "minor in
possession of alcohol"?
Today I'd like to explain a few examples of how that occurs, my name is David
Aylor, and I'm a criminal defense and personal injury attorney here in
Charleston, South Carolina.
Minor in possession of alcohol, or also known as underage drinking, is a criminal
charge that is a misdemeanor that you could serve up to thirty days in jail if
convicted of the charge.
Many people are arrested for this charge for various reasons. Circumstances
involving cars, where the alcohol may be in your actual possession, in your pocket,
your purse, your glove box. Even if the alcohol is not your pocket or your purse
if the alcohol's actually in your trunk, if you're underage and you're the only one
in the vehicle, or there's others in the vehicle that are also underage, you could
be charged with possession of alcohol as a minor.
Another example is at a party setting. No matter if you're drinking or not, if
there's alcohol in the room and in your control, you therefore could be arrested
for possession of alcohol as a minor, even if you in fact do not drink any of the
alcohol.
When alcohol is considered to be in your possession, it could be actual possession or
constructive possession.
Constructive possession would be alcohol that would be within your reach per se
within the area that you're in,
basically anywhere the alcohol is that you have access to it. If that access
is there, therefore you could be charged with a minor in possession of alcohol or
underage drinking.
For more questions related to underage drinking or other criminal matters or
personal injury. Please contact me, David Aylor
at 843-577-5530.