Under South Carolina open container law, it is a misdemeanor to possess an opened container of beer, wine, or liquor in the passenger area of a motor vehicle on a public highway, punishable by a fine of up to $100 or up to 30 days in jail. Opened containers must be stored in the trunk, luggage compartment, or a separate cargo area. The rule applies to drivers and passengers alike, and it applies in limousines, taxis, and rideshares the same as in a personal car.
Two Statutes, Same Penalty
South Carolina splits its open container rules across two sections of the code. Section 61-4-110 covers beer and wine: no one in a motor vehicle on a public highway or highway right of way may possess beer or wine in a container whose seal has been opened or broken, unless it is stored in the trunk or luggage compartment.1South Carolina Legislature. South Carolina Code Section 61-4-110 – Open Containers in Motor Vehicle A beer in a cup holder, on the floorboard, or wedged between seats counts as a violation, because all of those spots sit within the passenger area.
Section 61-6-4020 handles distilled spirits. A person 21 or older may transport lawfully acquired liquor, but any opened bottle has to ride in the trunk, luggage compartment, or a cargo area that is separate from the driver and passenger compartments. The statute adds a useful clarification for SUVs and hatchbacks: the storage area does not have to be a closed trunk accessible only from outside the vehicle.2South Carolina Legislature. South Carolina Code of Laws – Title 61 Chapter 6
Both are misdemeanors. Both carry the same maximum: up to $100 in fines or up to 30 days in jail.
Where the Law Applies
The statute reaches public highways and highway rights of way statewide. That covers the roadway, the shoulder, and the adjacent land that makes up the right of way. A vehicle parked in a private lot that is not part of a public highway sits in a gray zone under state law, and local ordinances often fill that gap on their own terms.
The law does not apply on the water. Open container rules are limited to motor vehicles on public roads, so passengers on a boat can legally possess open alcohol. The operator can still be charged with boating under the influence under separate law.
Exceptions That Actually Exist
Trunk or Luggage Compartment
Both statutes allow an opened container to travel in the trunk or luggage compartment.1South Carolina Legislature. South Carolina Code Section 61-4-110 – Open Containers in Motor Vehicle For vehicles without a traditional trunk, the liquor statute explicitly says the cargo area counts even if it is not a closed trunk accessible only from outside.2South Carolina Legislature. South Carolina Code of Laws – Title 61 Chapter 6 The beer and wine statute uses “trunk or luggage compartment” without that explicit clarification, but the rear cargo area of an SUV or the bed of a pickup is the practical equivalent. Put the opened container behind the last row of seats.
Tailgating at Sporting Events
Section 61-4-110 carries a specific carve-out that many people miss. The open container ban does not apply to vehicles parked in legal parking places during events like sporting events where law enforcement officers are on duty performing traffic control.1South Carolina Legislature. South Carolina Code Section 61-4-110 – Open Containers in Motor Vehicle That is what makes stadium tailgating legal under state law. The exception is narrow: the vehicle must be legally parked, the event must be qualifying, and officers must be on scene for traffic control. Driving through the lot with an open beer breaks the exception because the vehicle is no longer parked.
No Exception for Limos, Taxis, or Rideshares
This one catches people. Many states exempt passengers in hired vehicles, but South Carolina does not. A South Carolina Attorney General opinion looked at the question directly and concluded that no such exception exists.3South Carolina Attorney General. Attorney General Opinion – Open Container Law The statute applies to “a motor vehicle of any kind,” with no carve-out for party buses, limousines, taxis, Uber, or Lyft. Passengers face the same rules they would in a personal car.
What a Conviction Actually Costs
The base fine tops out at $100, but the amount you pay in court runs higher. Under Section 14-1-212, a $25 surcharge is imposed on all misdemeanor fines in magistrate or municipal court, and that surcharge cannot be waived, reduced, or suspended.4South Carolina Legislature. South Carolina Code Section 14-1-212 – Surcharges on Fines Additional court assessments push the real out-of-pocket cost above the base fine.
The bigger consequence is the record. Open container is a misdemeanor conviction, and it goes on your criminal record where background checks can find it for years. For anyone with prior alcohol-related offenses, it adds to a pattern that courts, employers, and insurers pay attention to. Auto insurance premiums frequently rise after an alcohol-related traffic conviction, and the multi-year premium increase can easily exceed the original fine.
How It Interacts With a DUI Stop
South Carolina does not formally enhance DUI penalties for the presence of an open container, but the practical effect can be real. If an officer stops you on suspicion of impaired driving and finds an open container, that finding can strengthen the state’s case by suggesting recent consumption. It matters even when a BAC comes back below 0.08, because prosecutors can point to the container as circumstantial evidence that drinking was happening in the car.
For someone on probation or parole, the open container charge is an independent misdemeanor. It can trigger a revocation hearing on its own, whether or not a DUI charge accompanies it.
Special Rules for CDL Holders
Commercial driver’s license holders carry extra obligations. Under 49 CFR 383.31, a CDL holder convicted of any state or local motor vehicle traffic law other than parking must notify their employer in writing within 30 days, giving the date and specific offense.5eCFR. 49 CFR Part 383 Subpart C – Notification Requirements and Employer Responsibilities A driver not currently employed must notify the state that issued the CDL.
An open container conviction by itself is not on the federal list of offenses that trigger automatic CDL disqualification. If it accompanies a DUI conviction, or a finding of operating a commercial vehicle with a BAC of 0.04 or higher, the consequences change sharply: a first offense brings a one-year disqualification, and a second offense results in lifetime disqualification.6eCFR. 49 CFR Part 383 Subpart D – Driver Disqualifications and Penalties For CDL holders hauling hazardous materials, a first alcohol-related conviction means a three-year disqualification.
Cities Reach Further Than State Law
State law only addresses open containers inside motor vehicles. It does not ban open containers on sidewalks, in parks, or on beaches. Many cities fill that gap, and the penalties can be steeper than the state fine.
- Charleston prohibits consuming beer, wine, or any alcoholic beverage on streets, sidewalks, and public ways. Open containers are also banned in public parks and playgrounds absent a special event permit.
- Columbia’s Ordinance 2010-132 bans possession or consumption of alcoholic beverages in open containers on public streets, roads, alleys, sidewalks, parking garages, and parks within city limits.
- Myrtle Beach bans alcohol on the beach entirely. Violations of beach-related ordinances are misdemeanors carrying fines up to $500 or 30 days in jail, well above the state open container penalty.
Other cities and counties set their own rules. If you are visiting somewhere new, check the local ordinance before assuming that what is legal inside a vehicle elsewhere is legal on the street. South Carolina does not currently authorize entertainment districts where open containers can be carried freely on public sidewalks.