penalties for open container in south carolina

Many people assume that the only way that alcohol can get you in trouble behind the wheel is if you’re driving under the influence. While DUI is certainly one of the most common concerns, it’s far from the only one. Drivers can still get in trouble for driving their cars with an open container of alcohol inside. If you’re considering carrying an open container of alcohol in your car, keeping it in the trunk or luggage area is the safest way to do so. But if you forget and you get caught driving with an open container within reach, there are a few penalties that your South Carolina DUI defense lawyer wants you to know about.

You Could Pay a Fine 

Driving with an open container is a misdemeanor, not a felony. As a result, the fine you face will be capped at $100. This fine may seem small, and compared to facing a felony DUI, it is. But that $100 is still in response to a serious crime that you can and should try to prevent at all times.

You May Spend Time in Jail

If you can’t afford the fine, you could serve time in prison. The amount of time you’ll serve depends on what the court deems as appropriate. For violating the open container law, you can serve a maximum of 30 days in prison. Typically, individuals convicted of a violation will serve less time. However, it’s ultimately up to the judge to decide. That’s why it’s always a good idea to work with a South Carolina DUI defense lawyer. 

There Are Consequences Beyond Legal Punishments

Though it’s easy to focus on legal punishments for open container violations, they’re not the only ones you need to be aware of. If you’re convicted, you’ll have a misdemeanor on your permanent record. That misdemeanor charge may not be as severe as a felony, but it can still make it harder for you to get a new job, qualify for a new apartment or home, and could keep you from being able to get into certain schools if you want to continue your education.

Why You Should Hire a South Carolina DUI Defense Attorney

Though an open container violation is not as serious as a DUI charge, hiring an experienced DUI defense attorney is still a great choice. Your attorney can help you in the following ways:

  • Providing a stronger defense: Cops can make mistakes. Just because you’re charged with driving with an open container doesn’t mean you’re guilty of it. Your attorney will be able to argue your case and, if law enforcement charged you inappropriately, they may be able to get the charges dropped.
  • Increasing likelihood of reduced penalties: Your attorney is there to represent your side of the case. They may be able to show the court that your mistake was due to a lack of understanding of the law. They could also help you get reduced penalties for your violation.
  • Improving your peace of mind: When you work with an attorney, you have an experienced professional on your side who can give you advice and answer your questions in detail. This can help boost your morale and give you better peace of mind as you navigate the process. 

Let Truslow & Truslow Help

Facing a charge for an open container violation may not seem serious. But it can still disrupt your life if you’re convicted. The violation could lead to a misdemeanor, jail time, or a fine that could put strain on your finances depending on your situation. That’s why it’s important to work with an experienced South Carolina DUI defense attorney if you’re arrested. The team at Truslow & Truslow can help. Contact us today to schedule a free consultation.