It is common knowledge that it is illegal to drink and drive in South Carolina.
But how many people know the laws regarding alcohol in vehicles?
People can face severe penalties if they are convicted of drunk driving in the state. According to the South Carolina Department of Public Safety, if you are convicted of driving under the influence of alcohol, you can face a fine of up to $400 and/or a jail sentence of 48 hours to 30 days and a six-month license suspension for a first offense. For a fourth offense, you can face one to five years in prison and your license can be permanently revoked.
Despite the penalties, drunk driving remains a serious problem in the state.
A recent study by the Simmrin Law Group found that South Carolina was the state with the highest risk of drunk driving in 2024. The most recent data from the National Highway Traffic Safety Administration was used in the study, which found that drunk drivers accounted for 43% of all traffic fatalities in the state, which is higher than the national average of 32%.
But what if you get caught drinking in a car, but your driver hasn’t had a drop? Will South Carolina still be stricter?
This is what the South Carolina law says.
SC Open Container Act
Under South Carolina State Code Section 61-4-110, it is illegal in South Carolina to have an open container of beer, wine, or liquor in a motor vehicle.
“Remember, it is still a crime even if you don’t drink the alcohol or the container is empty,” South Carolina law firm Hopkins Law Firm says on its website.
Exceptions to the Open Container Act
There are a few exceptions to the South Carolina open container law.
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You may transport an open container of beer, wine or spirits as long as it is in the trunk or luggage compartment of your vehicle.
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In South Carolina, it is legal to have open containers of alcohol in vehicles as long as they are legally parked during an event where police officers are directing traffic, such as sporting events.
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Of course, it is also permitted to transport unopened packages of alcohol.
Fine for violation of the Open Container Act
Under South Carolina law, if an open container of alcohol is found in your vehicle, you can be charged with a misdemeanor, which can result in a fine of up to $100 or up to 30 days in jail.
