When most people think of getting in trouble with the law for drinking, they think of being charged with a DUI. And there’s no denying that DUIs are incredibly common. It’s why South Carolina has so many strict rules and punishments in place for those found guilty of driving under the influence. But what happens if you’re driving with an open container of alcohol in your car? Does this violate a law on the books? Here’s what your South Carolina DUI defense attorney wants you to know.
South Carolina Does Have an Open Container Law
South Carolina does have a law that prohibits drivers from driving with an open container of alcohol in their vehicle if the alcohol is within reach of the driver or passengers. So, what counts as an open container? Under the law, it’s any container of alcohol that’s not factory-sealed. Transferring a bottle of vodka you opened at a friend’s house? It counts as an open container. Have a flask of whiskey in your backpack? It’s an open container.
That said, there are exceptions to the rule. Flasks containing wine or beer are considered closed containers as long as they’re closed with a cap.
What This Means for Drivers and Passengers
If you or your passengers have open containers in the vehicle that aren’t out of reach in the cargo space or trunk, you can get in serious trouble. If you’re pulled over and the officer identifies an open container that’s within reach of you as the driver or any of your passengers, they can legally arrest you and charge you with violating the law.
That said, the law isn’t entirely unreasonable. It recognizes that open containers of alcohol are commonly kept in vehicles and consumed in vehicles at tailgating events. In these instances, you can’t be charged with violating the open container law. However, you will need to transport any open containers of alcohol in the trunk or cargo space of your car when you leave the event.
What Happens if You Violate the Law?
If you get pulled over and charged with violating South Carolina’s open container law, you can face fines of up to $100 or have to spend up to 30 days in jail. Successful convictions will also give you a criminal record. You could end up with a misdemeanor on your record, and that can keep you from qualifying for new rental homes and may even keep you from getting certain jobs in some industries.
Can You Mount a Legal Defense?
Though the open container law is clear, you may still be able to mount a defense if you’ve been charged by the police. You may be able to claim the following:
- Lack of awareness: You may be able to show that you were unaware that the open container was in your vehicle. This may happen if a passenger brought the container into the vehicle or a friend or family member left the container in your car after borrowing it for an hour or two.
- Location of the charge: If the officer pulled you over on private property including a driveway, you may be able to get the charges dismissed. Communicate this to your attorney as early as possible so they can work on getting your charges dismissed.
- Incorrect identification: It’s possible that the officer misidentified the container in your vehicle as one full of alcohol. This could happen if you’re transporting props for a play or a local production. Your attorney will need to assess the officers’ evidence collection and testing of the contents to be successful with this defense.
Let Truslow & Truslow Help
If you’re facing charges for violating the open container law, you’ll still want to speak with an experienced South Carolina DUI defense attorney. At Truslow & Truslow, our team will represent your case and work to get your charges reduced or dismissed whenever possible. Schedule a free consultation with our team today.