South Carolina takes drinking and driving very seriously. It’s why the penalties are severe, and the laws are so strict. But like most states, our residents like to enjoy life. And, often, those weekend celebrations can lead people to carry alcohol in their cars even when they shouldn’t. Your South Carolina DUI defense lawyer wants you to fully understand what an open container is under South Carolina law.
What Counts as an Open Container?
South Carolina law is clear. An open container is any bottle, can, or other vessel filled with alcohol that’s within easy reach. If you’re driving with a bottle of whiskey in the passenger seat and that bottle was previously opened, it counts as an open container, even if the cap is in place. A flask filled with your preferred brand of vodka, it counts as an open container. If you have a can of beer popped open, it counts as an open container. And if you’re caught driving with an open container, you could face serious consequences.
The Exceptions to the Rule
There is an exception to the rule, though. South Carolina law considers flasks containing either beer or wine to be closed containers as long as the cap is on the flask. That doesn’t mean law enforcement won’t try to get you in trouble for it. It just means you’ll want to work with an experienced South Carolina DUI defense lawyer if you’re charged with driving with an open container.
Can You Drive With an Open Container?
Under South Carolina law, you’re prohibited from driving with an open container in the driver’s and passenger areas of your vehicle. This means you can be charged for driving with a previously opened bottle of liquor that’s placed on the floor of the back seat. Or for keeping an unsealed bottle of wine or beer in a cupholder in your vehicle. If officers notice an open container anywhere that’s considered within reach of passengers or the driver, you can be arrested and charged.
If you’re planning on transporting an open container, you’ll want to keep that container in the trunk or luggage area of your vehicle. These areas are considered separate from the passenger and driver’s areas of the car. And if you’re pulled over, the officer won’t be able to charge you for driving with an open container.
When an Open Container Is Legal
South Carolinians know how to party, and often, this means tailgating. Luckily, open containers can be kept and consumed in cars parked at tailgating events without issue. Once you leave the event, however, you’ll need to store any open containers of liquor in the luggage area and make sure any bottles of beer or wine are firmly capped.
What Happens if You Get Pulled Over?
If you get pulled over for having an open container in your vehicle, officers can charge you. While the punishments aren’t as severe as driving under the influence, they can still place a lot of undue stress.
Common punishments include a fine of up to $100 or up to 30 days in jail. If convicted, you’ll have a misdemeanor on your record.
Speak With a South Carolina DUI Defense Lawyer
If you’re facing a misdemeanor charge for driving with an open container, don’t wait for the courts to decide your punishment. Speak with an experienced South Carolina DUI defense lawyer as soon as possible. At Truslow & Truslow, our team is here to help. Contact us to schedule a free consultation.