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In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In South Carolina, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on public highways, streets, or inside the city limits. This is outlined in the South Carolina Code of Laws Section 61-4-110. The law applies to both drivers and passengers, and the passenger area is defined as any area readily accessible to the driver or passengers while in their seating positions, including the glove compartment. Violation of this law is considered a misdemeanor offense. Penalties for an open container violation can include fines and potentially points against the driver's license, but not typically jail time. It's important to note that South Carolina does not allow passengers to consume alcohol in a motor vehicle, unlike a few other states that have exceptions for passengers.

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Criminal charges

open container

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South-Carolina State Code

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Criminal charges

open container

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