If you plan to drive in South Carolina, it’s important to know the state’s laws regarding the transportation of alcoholic beverages. Open container laws are in place to ensure that drivers and passengers are safe on the roadways.
South Carolina has had an open container law since 1996. S.C. Code Ann. § 61-4-110 makes it unlawful for a person to have beer or wine in an open container in a motor vehicle of any kind on the public highways or highway rights of way, except in the trunk or luggage compartment, and a separate statute applies a similar rule to liquor. The law applies to “a person” rather than only to the driver, so it can reach passengers as well. A person who violates it can face a fine of up to $100 or up to 30 days in jail.
If you have been charged with having an open container in your vehicle or a DUI, our Greenville criminal defense attorneys are here to help. Schedule a consultation today to learn how, or call us at 864-618-2323.
What the Open Container Law Says
According to Section 61-4-110 of the South Carolina Code of Laws (Title 61),
” It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State.”
This means that if you’re found with an open container of beer or wine in the passenger area of a motor vehicle on a public highway, you can face criminal charges. For purposes of that section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume.
Liquor is covered by a separate statute, S.C. Code Ann. § 61-6-4020. A person who is twenty-one or older may transport lawfully acquired liquor, but if the cap or seal on the container has been opened or broken, it is unlawful to transport it in a motor vehicle except in a trunk, luggage compartment, or cargo area that is separate and distinct from the driver’s and passengers’ compartments. For purposes of that section, liquor means all distilled spirits, regardless of the percentage of alcohol by volume.
Exceptions to Open Container Law
The statutes include a few exceptions. Under Section 61-4-110, an open container of beer or wine is allowed in the trunk or luggage compartment, and the section does not prohibit transporting beer or wine in a closed container. The section also does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. For liquor, Section 61-6-4020 allows a container with an opened or broken seal to be carried in a trunk, luggage compartment, or cargo area that is separate and distinct from the driver’s and passengers’ compartments.
Penalties for Open Containers
The statutes call an open container violation a misdemeanor and do not assign it a further class. Under Section 61-4-110, a person convicted of having an open container of beer or wine in a motor vehicle must be fined not more than $100 or imprisoned not more than 30 days. Section 61-6-4020 sets the same limits for transporting liquor with an opened or broken seal outside the permitted areas.
Neither statute provides a higher penalty for a second or later conviction, so the limits are the same for a first offense and a repeat offense. An open container charge can also arise alongside other charges, such as DUI, which carry their own penalties.
Other Alcohol-Related Laws in SC
In addition to open container laws, South Carolina has several other laws regarding the consumption and transportation of alcohol.
Driving Under the Influence (DUI) and Drunk Driving Laws are in effect throughout the state. Under S.C. Code Ann. § 56-5-2933, it’s unlawful to drive a motor vehicle with an alcohol concentration of 0.08 percent or higher, and drivers found in violation of this law face fines and possible jail time. Furthermore, it’s unlawful to transfer or give beer or wine to a person under twenty-one years of age for the purpose of consumption, with limited exceptions, under S.C. Code Ann. § 61-4-90, and a similar rule applies to liquor under S.C. Code Ann. § 61-6-4070. Those who violate these laws can face criminal charges.
How to Legally Transport Alcoholic Beverages
If you’re transporting beer, wine, or other alcoholic beverages in South Carolina, it’s essential to know the laws regarding their transportation. South Carolina law does not prohibit transporting beer or wine in a closed container, and beer or wine in an open container must be carried in the trunk or luggage compartment. For liquor, a container with an opened or broken seal must be carried in a trunk, luggage compartment, or cargo area that is separate and distinct from the driver’s and passengers’ compartments.
One way to stay within these laws is to keep alcoholic beverages in their original sealed containers and store any container that has been opened in the trunk or luggage compartment of the vehicle.
Learn More: Check out these South Carolina DUI Statistics!
Open container laws are separate from DUI laws. Under S.C. Code Ann. § 56-5-2930, it is unlawful to drive a motor vehicle while under the influence of alcohol to the extent that your faculties to drive are materially and appreciably impaired, whether or not any container is open.
What to Do if You Are Facing Open Container Charges
Open container laws in South Carolina are in place to ensure the safety of drivers and passengers on public highways. Remember: it’s never worth risking your safety or the safety of others by violating open container laws. Always be sure to keep alcohol in closed containers or in the trunk or luggage compartment while in a motor vehicle.
If you’re facing an open container charge or any other alcohol-related offense, it’s important to consult with an experienced criminal defense attorney who can help protect your rights and defend your case.
At Touma Law Group, we understand the complexities of South Carolina’s open container law. Our experienced attorneys are here to provide you with legal advice and represent your interests in court. We are a firm for people who need help navigating the legal system, and we will work to protect your rights in the face of any alcohol charges. Contact us today for a consultation and find out how we can help you.
