Everything You Should Know About the Open Container Law in South Carolina

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

Open Container Law Hopkins Law Firm South Carolina

Everything You Should Know About the Open Container Law in South Carolina

South Carolina's open container law generally prohibits possession of open containers of beer or wine in a motor vehicle, subject to a few exceptions.

It is illegal in South Carolina to have an open container of beer, wine, or liquor in a motor vehicle. However, you can transport an open bottle of wine or liquor in your car; as long as the alcohol is in the trunk or luggage compartment of your vehicle. Another exception to this law is when the car is in legally parked during a function where law enforcement officers are performing traffic control duties.

If the open container is found within the vehicle this will result in a misdemeanor and possibly a conviction resulting in a maximum $100 fine or up to 30 days in jail.

Remember it is still a crime, even if you are not drinking the alcohol or if the container is empty.

According to the Code of Laws in South Carolina: SECTION 61-4-110. Open containers in motor vehicle.

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 section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section 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. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

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.

HISTORY: 1996 Act No. 415, Section 1; 2000 Act No. 390, Section 31.

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