Many drivers are surprised to learn how broad South Carolina’s open container laws can be.
An unfinished bottle of wine from dinner, a cup from a bar or restaurant, or alcohol sitting in the back seat can potentially lead to criminal charges during a traffic stop. In some situations, drivers can even face open container allegations when nobody in the vehicle appears intoxicated.
Because alcohol-related traffic stops can quickly become more serious, it’s important to understand what South Carolina law considers an “open container” and where alcohol can legally be stored inside a vehicle.
What Is Considered an Open Container in South Carolina?
Under South Carolina Code §61-4-110, it is unlawful to possess beer or wine in an open container inside a motor vehicle while on public highways or highway rights-of-way unless the container is stored in the trunk or luggage compartment.
In general, an “open container” means:
- a bottle, can, cup, or flask containing alcohol where the seal has been broken,
- a container that has been opened previously,
- or alcohol that is partially consumed or easily accessible inside the vehicle.
This can include:
- open beer cans,
- uncorked wine bottles,
- mixed drinks,
- cups containing alcohol,
- or liquor bottles with broken seals.
The law focuses more on whether the alcohol is open and accessible than whether someone was actively drinking from it.
Where Can an Open Container Legally Be Stored?
South Carolina law allows open containers to be transported if they are stored in:
- the trunk,
- a luggage compartment,
- or another cargo area separate from the passenger compartment.
That distinction matters.
An open container sitting:
- in a cup holder,
- on the floorboard,
- in the back seat,
- or inside the glove compartment
may still lead to a charge because it remains accessible to occupants of the vehicle.
Does the Open Container Law Apply to Passengers Too?
Yes.
Many people assume only the driver can be charged, but South Carolina’s open container law may apply even if the alcohol belongs to a passenger.
That means a passenger holding or transporting an open alcoholic beverage inside the passenger area of a vehicle can still create legal problems during a traffic stop.
Does South Carolina’s Open Container Law Apply to Liquor Too?
Yes, but liquor is addressed under a separate statute.
Under South Carolina Code §61-6-4020, opened liquor containers generally cannot be transported in the passenger compartment of a vehicle and must instead be stored in a trunk, luggage compartment, or separate cargo area.
So while beer, wine, and liquor are addressed under different sections of South Carolina law, the practical rule is similar: open alcohol containers generally should not remain accessible inside the vehicle.
Can You Get an Open Container Charge Even Without a DUI?
Yes.
An open container charge does not require a DUI arrest. Someone can face an open container violation even if:
- they were not impaired,
- they passed field sobriety tests,
- or they were never accused of drunk driving.
That said, an open container can sometimes lead officers to investigate further for possible DUI-related offenses.
Are There Any Exceptions?
South Carolina law includes limited exceptions.
For example, the statute does not apply to vehicles legally parked during certain events, such as sporting events where law enforcement officers are directing traffic.
However, outside of limited exceptions, transporting open alcohol containers inside the passenger area of a vehicle can still result in criminal charges.
What Are the Penalties for an Open Container Charge in South Carolina?
An open container violation in South Carolina is generally considered a misdemeanor offense.
Under the statute, penalties may include:
- a fine of up to $100,
- imprisonment for up to 30 days,
- or both.
While some people view open container charges as “minor,” they can still create complications, especially when connected to:
- DUI investigations,
- traffic stops,
- probation issues,
- or prior alcohol-related offenses.
Criminal and Traffic Defense in Anderson and Upstate South Carolina
Traffic stops can quickly become more serious when alcohol-related allegations are involved. An open container investigation may lead to additional questioning, vehicle searches, or DUI-related accusations depending on the circumstances.
Austin McDaniel Law represents clients across Anderson, Greenwood, Clemson, McCormick, Oconee, and surrounding Upstate South Carolina communities in cases involving:
- DUI charges,
- open container violations,
- traffic offenses,
- drug-related traffic stops,
- and other criminal charges.
If you were charged with an open container offense or another alcohol-related traffic offense in South Carolina, contact Austin McDaniel Law to discuss your case and your options.