In South Carolina, laws surrounding drinking and driving are strict, and one aspect that drivers often overlook is the state's open container law. While most people are aware of the legal implications of driving under the influence (DUI), many don't realize that simply having an open container of alcohol in your vehicle can result in penalties, even if you're not drinking it. In this blog, we will break down everything you need to know about South Carolina's open container law, including what constitutes a violation, the penalties you may face, and how to protect yourself.

What is South Carolina's Open Container Law?

South Carolina's open container law, found under S.C. Code Ann. § 61-4-110, prohibits drivers and passengers from having an open container of alcohol in the passenger area of a vehicle. An “open container” refers to any alcoholic beverage that has been opened, had its seal broken, or has been partially consumed.

The key aspect of the law is the passenger area of the vehicle. This includes the front and back seats, as well as any part of the vehicle accessible to the driver or passengers. However, an open container in the trunk or in the area behind the last row of seats (in the case of an SUV or hatchback) is generally permitted.

Who is Affected by South Carolina's Open Container Law?

The law applies to both drivers and passengers in a vehicle. This means that it's not only the driver who can be cited for having an open container of alcohol but also passengers who may have alcohol in the passenger area.

What about Limousines, RVs, or a Party Bus?

South Carolina's open container law does not specifically exempt limousines, RVs, or party buses from its restrictions. There are no explicit exemptions for limousines or other private vehicles under the general open container law. The law applies to all vehicles on public roads, regardless of the type of vehicle.

What Constitutes a Violation?

A violation of the open container law occurs if any passenger or driver is found with an open container of alcohol in the vehicle's passenger area. It doesn't matter if the driver was drinking from the container or not—the mere presence of an open container can result in a ticket or fine.

Key Violations:

1. Open container in the passenger compartment: Even if the alcohol isn't being consumed, an open container in the passenger area is a violation.
2. Consumption of alcohol while driving: If a driver is actively consuming alcohol in the vehicle while it's in motion, this can also lead to charges, such as DUI, in addition to the open container violation.
3. Passengers with open containers: Passengers, including those in the backseat, can also face penalties if they are caught with an open container of alcohol.

Penalties for Violating the Open Container Law in South Carolina

If you are caught violating South Carolina's open container law, the penalties can be significant, though they are typically less severe than DUI charges. A first offense is generally classified as a misdemeanor and can result in:

• A fine of up to $100.
• Potential points on your driving record, which can increase insurance rates.
• In some cases, a temporary suspension of your driver's license.

While the penalties for an open container violation may not involve jail time, they can still have serious consequences. Repeated offenses or violations that occur in conjunction with other offenses, such as DUI, can lead to harsher penalties.

Local Municipal Codes on Open Containers

For example, the City of Charleston has its own municipal code regarding the consumption of alcohol in public spaces, including the open container law. It is illegal to consume beer, wine, or other alcoholic beverages on streets, sidewalks, or public ways unless you are in a designated area where drinking is allowed, such as at certain festivals or events with permits.

In Myrtle Beach, the open container laws are similarly restrictive. You cannot possess or consume an open container of alcohol on public streets, beaches, or other public property. However, there are specific exceptions for certain events and areas where alcohol consumption may be permitted, like at festivals or special tourism areas​

Some municipalities may also grant limited exceptions for public events where drinking is permitted (for instance, during parades or city-sponsored events). These exceptions could allow open containers in specific areas or under certain conditions, such as when a special permit is issued.

If you're unsure about a specific locality's rules or need help understanding how these apply in your case, you can refer to the specific local municipal codes or consult with a South Carolina attorney for further guidance.

Defenses to an Open Container Charge

If you are facing an open container charge in South Carolina, there may be valid defenses available to you. For instance:

• Lack of Knowledge: You may argue that you did not know the open container was in the vehicle or that it was not in the passenger area.
• Improper Search: If the officer did not have probable cause to search your vehicle or stop you in the first place, your attorney may argue that the search was unconstitutional.
• No Violation of the Law: If the alcohol was located in an area of the vehicle that the law does not consider the passenger area (e.g., in a trunk or in an RV's designated drinking area), there may not be a violation.

How a DUI Defense Attorney Can Help

If you are facing charges for violating South Carolina's open container law, particularly if it is connected to a DUI or other serious criminal charges, it's important to seek the guidance of an experienced DUI defense attorney. At our law offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, we can help you understand your legal rights, build a strong defense, and potentially reduce the consequences of your charge.

Our experienced attorneys can assess the circumstances surrounding your case, including whether the search and seizure were legal, and whether any defenses may apply to your situation. We'll work to ensure that your rights are protected and help you navigate the complexities of South Carolina's drinking and driving laws.

Pretrial Diversion Programs

Pretrial diversion programs in South Carolina offer individuals facing criminal charges, including charges related to open containers or driving under the influence (DUI), an opportunity to avoid a criminal conviction through rehabilitation and other conditions. These programs are designed to allow individuals to resolve their cases without going to trial, provided they meet certain criteria and complete the program successfully.

How Pretrial Diversion Works

1. Eligibility: To be eligible for a pretrial diversion program, a defendant typically needs to meet certain requirements, such as being a first-time offender, not having a significant criminal record, and committing a non-violent offense. The charges must also be ones that the program can handle, such as minor offenses like first-time DUI or open container violations.

2. Program Components: Pretrial diversion often involves:

   • Substance abuse education or counseling: For individuals charged with alcohol-related offenses, such as DUI or open container violations, counseling or education programs can be part of the diversion.
   • Community service: Offenders may be required to perform a set number of community service hours.
   • Fines and fees: Participants may need to pay a fee to enroll in the program or cover associated costs like drug testing.
   • Probation: Some programs involve probation-like supervision.

3. Completion and Benefits: If an individual successfully completes the diversion program, the charges may be dismissed. This means they will not have a criminal conviction on their record, which can help with future employment opportunities and personal reputation.

4. Failure to Complete: If the participant fails to comply with the program's conditions, the case will proceed to trial, and they may face the full penalties for the offense.

Local Variations

Pretrial diversion programs are administered at the county or municipal level, so the availability and specific conditions can vary. For example, Charleston, Georgetown, or Myrtle Beach may have their own guidelines and programs.

In Charleston, for instance, pretrial intervention programs (PTI) are widely used for first-time offenders facing DUI charges, and these programs might include alcohol treatment, fines, and community service​.

Benefits of Pretrial Diversion

• Avoiding Criminal Record: Successful completion allows defendants to avoid a permanent criminal record, which can be critical for future employment, education, or housing opportunities.
• Opportunity for Rehabilitation: These programs often focus on rehabilitation rather than punishment, helping individuals address underlying issues like substance abuse.
• Reduced Sentences: If the defendant successfully completes the program, the case is dismissed, and they avoid potential jail time or long-term penalties associated with a conviction.

If you are facing a charge in South Carolina and think you might be eligible for pretrial diversion, it's important to consult with an experienced criminal defense attorney who can help assess your eligibility and guide you through the process.

Contact Us

If you've been cited for violating South Carolina's open container law or are facing DUI charges, don't wait. Contact our experienced South Carolina DUI defense attorneys today for a free consultation. We are here to help you protect your rights and fight for the best possible outcome in your case.

Call now to schedule your consultation in Charleston, Georgetown, Myrtle Beach, or Pawleys Island.