South Carolina’s open container laws are designed to promote public safety by discouraging drinking while driving. These regulations govern how alcoholic beverages can be transported in vehicles. This article explains South Carolina’s open container statutes, outlining what constitutes an open container, where the law applies, and the consequences of a violation.
What Constitutes an Open Container in South Carolina
In South Carolina, an “alcoholic beverage” encompasses beer, wine, and liquor. The law defines an open container as any can, bottle, or other receptacle containing beer or wine that has a broken seal or has been partially emptied.
The defining element is the broken seal. Even if a bottle of wine has its cork put back in or a liquor bottle has its cap screwed back on, it is still considered an open container. It does not matter whether any alcohol has been consumed; the act of opening it is enough to classify it as “open.”
Where the Open Container Law Applies
The open container law in South Carolina applies to the passenger area of a motor vehicle. The law is in effect when the vehicle is on a public highway or its right-of-way.1Justia Law. South Carolina Code Section 61-4-110: Open Containers in Motor Vehicle
This means that if a vehicle is parked on the shoulder of a road, the open container law still applies. The focus of the statutes is on vehicles to prevent immediate consumption of alcohol. While public consumption in other areas like parks is often restricted, those rules are set by local ordinances and are separate from state-level vehicle laws.
Rules for Drivers and Passengers in Vehicles
Responsibility for the open container law falls on every person inside the vehicle, not just the driver. It is illegal for any individual, whether driver or passenger, to have an open container of beer, wine, or liquor within the passenger compartment.
A driver can be cited for a violation even if the open container belongs to a passenger. The law operates on the principle of possession, which can be either actual or constructive. If an open container is accessible to both the driver and a passenger, both could be considered in constructive possession and potentially charged.
Legal Ways to Transport Alcohol in a Vehicle
State law provides legal methods for transporting alcohol to avoid violating open container statutes. The primary rule is that any open container of beer, wine, or liquor must be secured in the trunk of the vehicle.
For vehicles without a trunk, such as an SUV or van, an open container of liquor must be stored in a cargo area that is separate from the passenger compartment.2Justia Law. South Carolina Code Section 61-6-4020: Transportation in Motor Vehicle The law does not provide a similar alternative for beer and wine.
The law also provides exemptions for passengers in certain vehicles. A passenger in a vehicle for hire, such as a taxi or limousine, may possess lawfully acquired alcoholic liquor. An exemption also exists for the living quarters of an RV or house trailer.
Consequences of an Open Container Violation
A violation of South Carolina’s open container law is a misdemeanor offense. A first-time offense involving beer, wine, or liquor carries a fine of up to $100 or imprisonment for up to 30 days.
While a fine is the more common outcome, an open container conviction does not result in points being added to a person’s driver’s license. The direct consequences are the fine and a misdemeanor on one’s criminal record.