Introduction

Under Section 61-4-110, it is unlawful for any person to have an open container of an alcoholic beverage in a motor vehicle while on public highways or highway rights of way in South Carolina, unless the alcoholic beverage is located in the trunk or luggage compartment of the vehicle.

Specific to Charleston

Furthermore, in Charleston, South Carolina, it is generally unlawful for any person to consume an alcoholic beverage on the streets, sidewalks, alleys, or public ways of the city.

What Does This Mean?

If you dispose of a previously opened alcoholic beverage in the passenger floorboard or backseat of your vehicle, you can still be charged. This includes opened bottles of liquor or wine that are resealed or re-corked and placed in the backseat.

The officer will consider that the container is within reach of the driver and/or passengers, leading to an arrest and possible charge. In order for the open container to be considered placed in an area separate from the driver and passengers, it must be placed in the trunk or luggage area of your vehicle. This area does not have to be a closed trunk – a truckbed is a sufficient distance.

Additionally, the transporter of the open container must be 21 years of age or older.

Penalty

An open container charge usually will mean that you will pay a fine of no more than $100 or be imprisoned for no more than 30 days.

An open container charge is considered a misdemeanor offense. However, if you are under 21 years old or pulled over for a DUI, your charges can be steeper. This conviction could go on your permanent record and you could be subject to increased fines.