It should come as no surprise that South Carolina has some very strict laws and regulations in place designed to keep drivers safe on the road. One such law centers around the presence of open containers of alcohol inside vehicles.
As a driver, it’s your responsibility to ensure that your passengers aren’t in possession of an open container of alcohol when they’re in your vehicle. Otherwise, you could face charges for violating the law and need to contact a South Carolina DUI defense attorney to represent you in court. But those charges aren’t just yours to bear. Your passenger could also face charges for having an open container in their possession.
What Counts as an Open Container in South Carolina?
South Carolina’s open container law clearly outlines what counts as an open container, and it’s not just limited to an open bottle of alcohol. Under the law, open containers include:
- Any open bottle, can, or other container filled with alcohol in easy reach of the driver or passengers in the vehicle
- A flask filled with hard liquor
- Previously opened bottles of hard liquor
The law does allow drivers to carry sealed containers like growlers of beer or corked bottles of wine without issue. These containers are considered closed if they’re capped.
What Happens if a Passenger Has an Open Container?
If anyone in your vehicle has an open container in their possession, the driver can be charged with a violation of the open container law, even if the alcohol isn’t theirs. But passengers can be held responsible as well.
If your passenger has an open container on their person in your vehicle, they can be charged with a violation as well. They don’t even have to be drinking in the vehicle.
What the Punishments Could Look Like
The punishments for violating the open container law are not as extensive or severe as the ones you’d face for a DUI. But they can still disrupt your life. Under the law, punishments for violating the open container law could include:
- Fines of up to $100
- Up to 30 days in jail
- Misdemeanor on your permanent record
You typically won’t lose your license or face more severe consequences unless you’re also convicted of driving under the influence. Keep in mind that you can face charges for both if you have an open container of alcohol in your car and are also found to be driving your vehicle with a BAC over the legal limit.
Can You Fight the Charge?
Facing a charge for violating the open container law can be stressful. But that doesn’t mean there aren’t arguments you can make, whether you’re a passenger or a driver of the car. Here are some defenses you and your South Carolina DUI defense attorney may be able to use in your case.
- A lack of awareness: If you’re visiting from out of state, you may not be familiar with South Carolina’s open container law. This defense could also work for drivers who are unaware of an open container that a passenger has or left in their car.
- Questions over the location of the stop: The law only applies to vehicles operated on public roadways. If you or a passenger had an open container in the car on private property, you may be able to get the charges dropped.
- Questions over the legality of the stop: Police must have a valid reason to stop the car for open container charges to stick. If you were otherwise obeying the law or can prove that the officer lacked a valid and legal reason to stop you on the road, your charges could be dismissed.
- Improper identification of the container: Just because a container looks like it holds alcohol doesn’t mean it does. If you’re transporting soda in an old alcohol bottle, you’re not in violation of the law.
Speak With a South Carolina DUI Defense Attorney
If you’re facing charges for violating the open container law, don’t wait. Schedule a consultation with the team at Truslow & Truslow today. We’ll represent your case and do what we can to protect your rights.