South Carolina underage drinking laws make it a misdemeanor for anyone under 21 to possess, consume, purchase, or attempt to purchase alcohol. A first conviction carries a fine of $100 to $200, up to 30 days in jail, or both, plus an automatic 120-day driver’s license suspension. Fake ID charges, drinking-and-driving stops, and adult-side charges for furnishing alcohol all carry their own separate penalties on top of that.
What Counts as a Violation
Two parallel statutes do most of the work. Section 63-19-2440 covers beer and wine; Section 63-19-2450 covers liquor.1South Carolina Legislature. South Carolina Code 63-19-2440 – Beer and Wine Purchase, Consumption, or Possession2South Carolina Legislature. South Carolina Code 63-19-2450 – Alcoholic Beverages Purchase, Consumption, or Possession Both prohibit possession, consumption, purchase, and attempted purchase by anyone under 21, and both state that possession alone is prima facie evidence the person knowingly had the alcohol.
In practice that means a minor holding a beer at a party doesn’t have to be caught drinking it. Having it in hand or within personal control is enough. Constructive possession also counts: an open container on the seat next to a minor in a car can support a charge even if someone else bought or poured it.
Consumption charges can follow even when no container is found. A breathalyzer reading, field sobriety indicators, or a minor’s own admission can establish that alcohol was consumed.
Purchase and attempted purchase work the same way. A completed sale isn’t required. Bringing alcohol to a register or placing an order at a bar qualifies as an attempt, and it doesn’t matter whether the minor is the one paying. Participating in the transaction is enough.
Fines and Jail Time
The criminal penalties are identical across the beer-and-wine and liquor statutes. A conviction under either Section 63-19-2440 or Section 63-19-2450 carries:
- A fine of $100 to $200
- Up to 30 days in jail
- Or both
Giving false information about your age to buy beer or wine, charged under Section 61-4-60, carries the same $100 to $200 fine and up to 30 days in jail.3South Carolina Legislature. South Carolina Code 61-4-60 – False Information About Age
Courts also have discretion to order alcohol education or intervention as part of sentencing. And because a single incident can violate more than one statute, charges often stack. A minor who uses a fake ID to buy liquor can face charges under both the purchase statute and one or more ID-fraud statutes from the same transaction.
Automatic Driver’s License Suspension
A conviction for underage possession, consumption, purchase, or attempted purchase triggers an automatic driver’s license suspension even when no vehicle was involved. Under Section 56-1-746, a first offense brings a 120-day suspension. A second or subsequent offense brings a one-year suspension.4South Carolina DAODAS. What Are You Prepared to Lose The suspension is administrative and runs on top of whatever criminal sentence the court imposes.
Reinstatement involves paying fees to the Department of Motor Vehicles, and the suspension goes on the driving record. Some insurance companies raise rates or require high-risk coverage afterward.
Zero Tolerance Behind the Wheel
South Carolina enforces a strict zero-tolerance rule for drivers under 21. Under Section 56-1-286, a driver under 21 with a blood alcohol concentration of 0.02% or higher faces an automatic license suspension even if no criminal DUI is charged.5South Carolina Legislature. South Carolina Code 56-1-286 A first offense suspends the license for three months. The 0.02% threshold sits far below the standard 0.08% DUI limit and can be reached with a single drink.
Fake IDs
South Carolina attacks fake ID use from several directions, and the charges stack.
Section 56-1-510 makes it a misdemeanor to possess or display a fraudulently altered driver’s license or personal ID card, to use someone else’s ID as your own, or to provide false information on an ID application.6South Carolina Legislature. South Carolina Code of Laws Title 56 Chapter 1 A first conviction carries a fine of up to $200 or up to 30 days in jail. A second or subsequent offense raises the ceiling to a $500 fine or up to six months in jail.
Section 56-1-515 separately targets using a driver’s license or ID that contains false information or wasn’t issued to you, when used to defraud another person or break the law. That charge carries a fine of up to $100 or up to 30 days in jail.7South Carolina Legislature. South Carolina Code 56-1-515 – Unlawful Alteration
On top of those, Section 61-4-60 covers giving false age information to buy beer or wine, and Section 63-19-2450 makes it unlawful to falsely represent your age to procure liquor. A minor using a borrowed sibling’s license, a counterfeit ID ordered online, or a real ID with the birth year altered can be charged under multiple statutes from one transaction.
Many bars and stores use ID scanners and ultraviolet light to spot fakes, and establishments routinely confiscate suspicious IDs and report the incident to police.
When Adults Can Legally Give Alcohol to a Minor
South Carolina recognizes three narrow exceptions, and they apply only to beer and wine. Under Section 61-4-90(C), none of the following is a violation:8South Carolina Legislature. South Carolina Code of Laws Title 61 Chapter 4
- A spouse 21 or older giving beer or wine to their under-21 spouse in their home
- A parent or guardian 21 or older giving beer or wine to their child or ward in their home
- A person giving lawfully purchased beer or wine to someone under 21 in connection with a religious ceremony or purpose
These exceptions protect the adult who provides the alcohol. They do not protect the minor from possession or consumption charges, and they are limited to beer and wine. The parallel liquor statute, Section 61-6-4070, does not contain the same explicit exceptions in the text available for review, so parents should not assume the same rules extend to spirits. The setting matters too. A parent handing a teenager a beer at a neighbor’s barbecue falls outside the “in their home” requirement.
Furnishing Alcohol to a Minor
Adults who provide alcohol to anyone under 21 face their own charges. Section 61-4-90 covers beer and wine, and Section 61-6-4070 covers liquor.9South Carolina Legislature. South Carolina Code 61-4-90 – Transfer of Beer or Wine for Underage Person’s Consumption10South Carolina Legislature. South Carolina Code 61-6-4070 – Transfer to Person Under Twenty-One These statutes reach bartenders, store clerks, party hosts, and anyone else who makes alcohol available to a minor. Handing the drink over isn’t required; making it accessible is enough.
A first conviction carries a fine of $200 to $300, up to 30 days in jail, or both. A second or subsequent conviction raises the fine range to $400 to $500 with the same potential jail time. Sellers who violate the law must also complete an approved merchant alcohol enforcement education program.
Long-Term Consequences
The fines look modest on paper. The lasting damage often comes from the conviction itself.
Most colleges require applicants and current students to disclose criminal convictions, including misdemeanors. An underage drinking conviction can trigger campus disciplinary proceedings that run separately from the criminal case, with sanctions ranging from alcohol education and probation up through suspension or expulsion for repeat violations. Scholarships with conduct requirements can also be affected.
Professional licensing boards in fields like nursing, teaching, law, and finance routinely ask applicants about criminal convictions and pretrial diversion. A misdemeanor alcohol conviction may not automatically disqualify someone, but it often requires a written explanation, supporting documentation, and sometimes a hearing. The earlier in life the conviction occurs, the more applications it touches.
South Carolina does allow certain records to be expunged, and juvenile offenses generally have more favorable expungement pathways than adult convictions. If expungement is granted, the South Carolina Law Enforcement Division keeps a nonpublic record but the conviction no longer appears on standard background checks. Eligibility and timing depend on the specific charge, the person’s age at the offense, and whether there are any later convictions, so anyone with an underage alcohol conviction should ask a South Carolina attorney about their options.