Open Container Violation in South Carolina

Drinking and driving or getting behind the wheel after having one too many aren’t the only ways that alcohol can get you in trouble in South Carolina. The state has some fairly strict rules around carrying open containers of alcohol in your vehicle. If you have any hard liquor containers with broken seals, flasks, or open cans or bottles of beer and malt beverages outside of your cargo area, you can be charged with an open container violation. 

Though this violation is typically less severe than a DUI, it can still impact your criminal and driving record. Here’s what your South Carolina DUI defense attorney wants you to know if you’re facing an open container violation.

Open Container Violations Can Go on Your Record

If you’re successfully convicted of having an open container of alcohol in your vehicle, that violation will go on your permanent record as a misdemeanor. You’ll likely have to pay a fine of up to $100 or spend up to 30 days in jail for the violation and will carry that misdemeanor on your record for life. 

Having a misdemeanor on your record may not seem like a big deal. After all, it’s not a felony charge and the punishments aren’t harsh. But it can still have an impact on your future. 

What Having a Violation on Your Record Can Do

Having any criminal record can make it harder to get certain jobs, find new apartments, and other necessities. Anyone performing a criminal background check will be able to see the open container conviction on your record and may choose to work with someone who hasn’t gotten in trouble with the law. 

You may also find that your car insurance costs will go up. After all, an open container violation is typically a traffic violation which can cause your insurance premiums to skyrocket. The higher your premiums are, the more strain your insurance policy will put on your budget. 

What to Do if You’re Charged With an Open Container Violation

If you’re charged with an open container violation, there are a few things you can do to represent your case in the best possible light in the hopes of getting the charges reduced or dropped. Here are a few key tasks you’ll want to do immediately after being charged with the violation.

Cooperate With the Police

Try not to be belligerent when the police pull you over and let you know that you’re violating the law. Cooperate to the best of your ability and comply with their requests as long as those requests don’t violate your rights. For example, if the officer asks for your license, registration, and insurance, give it to them. Refusing can get you in more trouble and may result in additional charges. 

Avoid Admitting Guilt

Even if you knowingly drove with an open container of alcohol in your vehicle, never admit guilt and never apologize. Apologizing can be construed as an admission of guilt and may make it harder for your South Carolina DUI defense attorney to mount a sufficient defense. 

Work With a South Carolina DUI Defense Attorney

If you’re facing charges for having an open container in your vehicle, the best thing you can do is work with an experienced attorney as soon as possible. They’ll be able to review your case and help you mount a defense and, depending on the circumstances surrounding the violation, they may be able to get the charges reduced or dismissed.

Schedule a Consultation Today 

Facing an open container violation can have an impact on your permanent record, but there are things you can do to represent yourself in court if needed. Start by scheduling a consultation with the team at Truslow & Truslow. Our experienced attorneys understand just how stressful facing any kind of alcohol-related charge can be. We’ll work with you to present the strongest defense possible. Contact us today to discuss your case.