An open container charge may seem minor, but it can still lead to fines, jail time, and a permanent mark on your record.
In South Carolina, these violations are treated seriously—especially if they occur during a traffic stop that could involve DUI suspicion or other charges.
At the Chambers Law, we help clients fight back against open container citations and protect their driving and criminal records.
Call 843-449-0420 today for a free consultation.
Understanding South Carolina’s Open Container Law
Under South Carolina Code § 61-4-110, it is unlawful to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway or highway right of way.
What is Considered an Open Container?
An open container includes:
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Any can, bottle, or flask that contains alcohol with the seal broken
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Any container that has been opened, partially consumed, or resealed
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Containers of beer, wine, or liquor that are not fully sealed
Even if you’re not drinking it, possession of an open container in the wrong area of your vehicle can result in a charge.
Where is it Illegal to Have an Open Container?
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In the passenger compartment of a vehicle on any public road
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This includes seats, cup holders, door storage areas, and the glove compartment
Are There Exceptions?
Yes. You may legally transport an open container if:
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It is stored in the trunk
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Or, in a luggage compartment that is not accessible from the driver or passenger area
This exception is especially important for rideshare drivers, passengers, or people transporting leftover alcohol from events or restaurants.
Why You Should Fight a Reckless Driving Charge
A reckless driving conviction can impact your ability to drive, raise your insurance rates, and even result in jail time. Fighting your charge may help you:
- Reduce or eliminate points on your record
- Prevent license suspension
- Avoid jail time and expensive fines
- Protect your insurance premiums
- Challenge the officer’s interpretation of reckless driving
Can Passengers Be Charged?
Absolutely. Passengers can be cited for open container violations even if the driver is sober. Everyone in the vehicle is expected to comply with the law when it comes to alcohol storage.
Penalties for Open Container Violations in South Carolina
An open container violation is a misdemeanor and carries:
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Fines up to $100
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Up to 30 days in jail
It may also raise red flags with insurance companies and appear on background checks, especially when tied to a traffic or DUI investigation.
How Chambers Law Can Help
At Chambers Law, we’ve handled hundreds of roadside-related violations. When representing you for an open container charge, we may argue:
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The container was in a legal area of the vehicle
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No proof the container was open or belonged to you
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Illegal traffic stop or improper search
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Negotiated dismissal for first-time offenders
We work to dismiss or reduce charges and minimize the long-term impact on your record.
