South Carolina takes a tough stance on drinking and driving. This is why the penalties in our state are so strict. If you’re found to be driving under the influence or with an open container in your vehicle, you could easily get in serious trouble with the law. But what happens when the driver is sober and someone else in the car is drinking? As you might expect, South Carolina considers this illegal, and while the punishments aren’t as severe as the ones you’d face driving under the influence, they can still disrupt your life. Here’s what your South Carolina DUI defense attorney wants you to know.
It Violates South Carolina’s Open Container Law
Under South Carolina law, drivers are prohibited from operating a vehicle with an open container of alcohol within reach of the driver or in the passenger area. Under the law, open containers include:
- Hard liquor bottles with broken seals
- Uncorked or unscrewed wine bottles
- Open containers of beer
- Flasks filled with hard liquor
If a passenger has an open container of alcohol in the vehicle, it will still be illegal for the driver to operate the car.
Exceptions to the Rule
South Carolina’s open container law is somewhat flexible. The law allows you to have a flask of beer or capped wine bottle, even of those items have been opened in the past. As long as they have a lid in place, the container is considered sealed. You’re also allowed to carry open containers of alcohol in the trunk or cargo area of a vehicle without issue. This is because those areas are considered separate from the driver’s seat and passenger areas.
Both Passengers and the Driver Can Be Found Guilty
Depending on the situation, both the driver and passenger drinking could be guilty of violating the open container law, even if the driver is sober. This is because it’s the driver’s responsibility to make sure passengers follow the law in their car. If a passenger is drinking, the driver effectively takes responsibility for their actions and is allowing them to violate the open container law in their vehicle. And in drinking in a vehicle, the passenger is willfully breaking the open container law themselves.
The Punishments You Could Face
Violating the open container law is typically considered a less severe offense than driving while under the influence of alcohol. The state could charge you with a misdemeanor and assess a fine of up to $100 or up to 30 days in jail.
If you’re charged, you’ll want to consult with an experienced South Carolina DUI defense attorney. They’ll review your case and represent you in court. While it’s unlikely that you’ll completely avoid penalties or the misdemeanor, an experienced attorney may be able to reduce the charges you face.
In some instances, they may be able to get the charges dismissed. This depends on the evidence against you, the actions of the police involved, and other similar factors. Your attorney will go over your unique situation and any evidence you can present when helping you mount a defense. Keep in mind that there’s no guarantee that they’ll be able to get your case and the charges against you dismissed. But they’ll be better equipped to help you navigate the legal process than you would be on your own.
When in Doubt, Don’t Drink in the Car
If you’re considering carrying an open container in the car or letting a passenger drink while you drive, it’s best to just say no. Store those open containers in your trunk or cargo area and refuse to let passengers consume alcohol of any kind in your vehicle at any time.
If someone makes a mistake and you’re charged with violating the open container law, reach out to Truslow & Truslow. Our team is here to help.