A citation after a party, game weekend, or night downtown can create two separate concerns for a Clemson student: a South Carolina criminal case and a possible university conduct process. Those tracks have different rules, deadlines, and possible outcomes.

This guide explains the current statutes in plain language. It does not predict what will happen in any particular case. The charge, the facts, the person’s history, and the available program all matter.

What South Carolina’s Underage Alcohol Laws Cover

People often use the term “minor in possession,” or MIP, for any underage alcohol charge. South Carolina divides the conduct between two statutes based on the type of beverage.

Beer and Wine

South Carolina Code section 63-19-2440 makes it unlawful for a person under 21 to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or a similar malt or fermented beverage.

The statute says possession is prima facie evidence that the alcohol was knowingly possessed. That does not make every shared-room or group setting identical. Where the alcohol was found, who owned it, who could access it, and what each person said or did can affect the analysis.

Alcoholic Liquor

South Carolina Code section 63-19-2450 separately covers alcoholic liquor. It prohibits a person under 21 from purchasing, attempting to purchase, consuming, or knowingly possessing liquor. It also prohibits falsely representing age to procure liquor.

The two underage-possession statutes contain narrow exceptions. The applicable exception depends on the beverage and the facts. Section 63-19-2440 includes certain employment-related exceptions for beer and wine. Both statutes include specified exceptions for an approved culinary course and for law-enforcement compliance testing.

False ID Is a Separate Issue

False identification is not an element of every underage alcohol case. It can lead to a separate charge.

South Carolina Code section 56-1-515 prohibits using another person’s license, an altered license, or specified false identification to defraud someone or violate the law. Section 61-4-60 separately prohibits knowingly giving false age information to buy beer or wine. Section 63-19-2450 includes false representation of age to procure liquor.

The citation or warrant should identify the statute actually charged. Do not assume that every case labeled “MIP” involves the same elements or penalties.

Penalties for Underage Alcohol Possession

A violation of section 63-19-2440 or 63-19-2450 is a misdemeanor. A conviction carries:

• A fine of $100 to $200;
• Up to 30 days in jail; or
• Both the fine and jail.

The person must also complete an approved alcohol prevention education or intervention program. The statute requires at least eight hours and caps the program cost at $150.

There is also a driver’s-license consequence. South Carolina Code section 56-1-746 requires the Department of Motor Vehicles to suspend the license of a person convicted under section 63-19-2440 or 63-19-2450:

• 120 days for a first offense; or
• One year for a second or subsequent listed offense within the statute’s ten-year lookback period.

A qualifying person who is employed, enrolled in college or university, or attending a court-ordered drug program may apply for a special restricted license for specified travel. The Department of Motor Vehicles decides whether the statutory requirements are met and places time and route limits on any restricted license it issues.

The current statutes do not create the first-offense and subsequent-offense fine table that appeared in the prior version of this page. The fine and possible jail range comes from sections 63-19-2440 and 63-19-2450. The separate license-suspension durations come from section 56-1-746.

What Counts as Public Disorderly Conduct

South Carolina Code section 16-17-530 covers public disorderly conduct. The statute addresses three categories of conduct:

• Being in a grossly intoxicated condition on a highway, at a public place, or at a public gathering, or otherwise acting there in a disorderly or boisterous manner;
• Using obscene or profane language in the public locations described by the statute or within hearing distance of a schoolhouse or church; or
• Discharging a firearm under the alcohol-related and location-specific circumstances stated in the statute.

Not every loud conversation, disagreement, or use of profanity automatically satisfies the statute. The public setting, the conduct the officer observed, any recording, and the other surrounding facts matter.

Public disorderly conduct is a misdemeanor punishable by a fine of up to $100 or up to 30 days in jail.

Possible Alternatives to a Conviction

An alternative disposition is never automatic. Eligibility, prosecutor approval, court approval, program availability, prior history, and successful completion can all matter.

Alcohol Education Program

South Carolina’s Alcohol Education Program Act allows a person to be considered for an Alcohol Education Program when the person:

• Was at least 17 but under 21 at the time of arrest;
• Has no prior alcohol-related offense;
• Has no significant history of prior delinquency or criminal activity; and
• Has not participated in the program before.

The list of eligible charges includes underage beer or wine possession, underage liquor possession, and public disorderly conduct. The program includes education and community service. The statute sets a $250 enrollment fee and allows additional provider fees, but it also says participation may not be denied because a person cannot pay. A solicitor may waive or reduce fees after finding the person unable to pay.

Successful completion results in a noncriminal disposition, and the person may be able to apply for an order destroying the official arrest records. If the person does not complete the program, the charge may be reinstated.

Conditional Discharge for a First Disorderly Conduct Case

Section 16-17-530 also creates a conditional-discharge process for an eligible person who has not previously been convicted of disorderly conduct or a similar drunk-or-disorderly offense. With the person’s consent and the circuit solicitor’s approval, the court may defer proceedings and impose probation terms.

If the person fulfills the terms, the court dismisses the proceeding without an adjudication of guilt. The person may then apply for an expungement order. This path may be used only once, and the statute includes a fee subject to an indigency exception.

Other Diversion Options

Pretrial Intervention may be another possibility in some cases. It is a separate, discretionary program with its own eligibility rules and deadlines. Participation in an Alcohol Education Program does not, by itself, prevent later participation in Pretrial Intervention, but no one should assume that either program will be offered or approved.

Clemson’s Conduct Process Is Separate

Clemson’s Student Code of Conduct allows the university to address certain conduct on or off campus. The Code also says a university case does not have to be postponed merely because a related criminal charge is pending, dismissed, or reduced.

The university uses a preponderance-of-the-evidence standard, meaning it decides whether a violation is more likely than not. That is different from the burden in a criminal case.

Possible Clemson sanctions range from a written reprimand and restrictions of privileges to disciplinary probation, eviction from university housing, suspension, or dismissal. The sanction depends on the facts and the university process. The Code permits a student to have an advisor and allows the student to choose an attorney at the student’s expense, although the advisor’s role differs by case level.

Because the criminal and campus processes can move at the same time, a student should understand both sets of deadlines before making a detailed statement or choosing a resolution.

What to Do After a Citation or Arrest

Start with the documents you received. Confirm the exact charge, statute, court, court date, and any Clemson notice or meeting deadline.

Then:

• Keep the citation, bond paperwork, emails, and university notices together;
• Preserve photos, videos, messages, receipts, and witness contact information;
• Do not delete, alter, or ask someone else to change potential evidence;
• Avoid posting about the incident or debating it online; and
• Get advice before giving a detailed statement about what happened.

Starting promptly gives counsel more time to review the evidence, identify deadlines, and assess whether an Alcohol Education Program, conditional discharge, Pretrial Intervention, or another resolution may be available.

How DeShon Wyse Can Help

Our criminal defense team can review the citation or warrant, the alleged facts, the available evidence, and the client’s prior history. We can explain the court process, assess statutory diversion or conditional-discharge options, and help the client understand how a criminal case may overlap with Clemson’s conduct process.

Every matter is different. A consultation is a chance to understand the next decision, not a promise of a particular result.

Contact DeShon Wyse to request a consultation.

Official Sources and Important Notice

Official sources reviewed for this page:

• S.C. Code sections 63-19-2440 and 63-19-2450
• S.C. Code section 16-17-530
• S.C. Code sections 17-22-500 through 17-22-560
• S.C. Code sections 56-1-515 and 56-1-746
• S.C. Code section 61-4-60
• Clemson University Student Code of Conduct

Updated August 2, 2026. Reviewed by Jessie R. DeShon.

This page provides general information about South Carolina law and Clemson University policy. It is not legal advice, does not create an attorney-client relationship, and may not reflect a later change in law or policy. A lawyer must review the facts before advising someone about a specific charge or university proceeding.