Open Containers of Alcohol In Moving Vehicles
(Misdemeanor – Code § 61-4-110; CDR Code 660)
Elements Of The Offense: That the accused did have in his possession any beer or wine in an open container in a moving vehicle of any kind while located upon the public highways or highway rights of way of this state, except in the trunk or luggage compartment.
Penalty: Fine of not more than $100 or imprisonment for not more than 30 days.
Comment: For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume.
Open Container Defense Attorney
In the event you find yourself charged with an open container violation or any charge relating to alcohol, contact a skilled and experienced South Carolina defense attorney. Attorney Peter J. Nosal, Esq. is a former police officer who has extensive experience with open container and underage drinking offenses all throughout South Carolina.
Transporting Open Container of Liquor
(S.C. Code Ann. §61-6-4020) A person who is 21 years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed. If the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors 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 this exception, the luggage compartment or cargo area is not required to be a closed trunk that is accessible only from the exterior of the motor vehicle.
Penalty: Fine of not more than $100 or imprisonment for not more than 30 days.
Open Containers of Alcohol in Taxi
(S.C. Code Ann. §61-6-4030) It is unlawful for a person to transport alcoholic liquors in a motor vehicle used as a taxi or used in the transportation of passengers for hire; however, this prohibition does not apply to lawful alcoholic liquors belonging to a passenger being transported when the alcoholic liquors are in the baggage of the passenger or upon his or her person.
Charged with an open container violation in South Carolina?
All but 11 states have an outright ban on open containers in vehicles… Tennessee, Alaska, Louisiana, and Wyoming have partial bans whereas Connecticut, Arkansas, Mississippi, Virginia, Delaware, Missouri, and West Virginia allow passengers in moving vehicles to drink alcoholic beverages. Unfortunately, South Carolina is NOT one of these exceptions as the statutes above indicate.
Open container violations in South Carolina are misdemeanor offenses and if you are under 21 or have been stopped for DUI and an open container was found in your vehicle you may face increased fines and penalties. A conviction of Open Container can go on your permanent criminal and driving record and having an alcohol-related offense on your resume can carry severe repercussions when having to apply for jobs, college, or graduate school.
