The Misunderstood Misdemeanor with Felony Consequences
South Carolina’s Open Container Law (§61−4−110) is widely recognized but frequently misunderstood. For many, it seems like a minor, easily dismissed traffic infraction—a simple $100 fine that can be quickly paid and forgotten. In reality, a charge for possessing an open container of beer or wine in a motor vehicle is a misdemeanor criminal offense in South Carolina, which carries the possibility of jail time, a criminal record, and, most critically, can serve as the initiating or enhancing factor in a far more serious Driving Under the Influence (DUI) investigation. For local residents and visitors driving on the state’s public roads, knowing the precise scope, penalties, and defense strategies related to this law is absolutely essential to protecting one’s rights and future. This extensive guide will dissect the nuances of the statute, explore the harsh realities of conviction, and explain why immediate legal intervention is necessary, even for this seemingly minor charge.
Part I: Defining the Scope of the Open Container Law
The South Carolina Open Container Law specifically addresses the possession of an open container of beer or wine in the passenger area of a motor vehicle located on a public highway or right-of-way. The law is found in the state’s Code of Laws, and its language, while seemingly straightforward, is open to interpretation and requires strict legal analysis when contested.
What Constitutes an “Open Container”?
The definition is crucial and extends beyond actively consuming a beverage. A container is considered “open” if its original seal has been broken, regardless of whether the lid or cap has been replaced. This means:
- A recapped bottle of beer that was partially consumed and then sealed is still an open container if found in the passenger area.
- A bottle of wine with the cork replaced is still open.
- The contents of the container must be beer or wine containing one-half of one percent or more of alcohol by volume.
- Note that a separate statute addresses open containers of liquor (§61−6−4020), which carries similar restrictions but applies to all containers of distilled spirits that have an opened or broken cap or seal. The general defense strategies discussed below apply equally to both.
Where is Possession Prohibited? The “Passenger Area”
The statute makes it unlawful to have the open container in one’s possession “except in the trunk or luggage compartment.” By excluding the trunk or luggage compartment, the law effectively prohibits open containers in the entire “passenger area.” This area is broadly interpreted by law enforcement and includes:
- The driver’s seat, the front passenger seat, and the back seats.
- The glove compartment, console, and cup holders.
- The floorboards immediately accessible to the driver or passengers.
- Any area readily within reach of the driver or occupants.
Crucially, the law does not exempt passengers. A passenger in the backseat who is in possession of an open can of beer is in violation, even if the driver is completely sober. The law also applies to the vehicle simply being “located upon the public highways or highway rights of way of this State,” meaning that vehicles temporarily stopped at a stoplight, pulled over on the shoulder, or parked in a public parking lot accessible from the highway may still be deemed in violation.
The Legally Defined Exceptions
While the law is restrictive, there are specific, narrow exceptions that an experienced defense attorney will utilize:
- The Trunk or Luggage Compartment: This is the primary safe harbor. Any open or previously opened alcoholic beverage must be stored in the trunk. For vehicles like SUVs, minivans, or hatchbacks without a separate trunk, the law permits storage in the area behind the last upright seat, provided it is not readily accessible to the driver or passengers.
- Sporting Event Parking: The law carves out an explicit exception for “vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties.” This is the foundational allowance for lawful tailgating in South Carolina. However, this exception terminates the moment the vehicle begins to move onto a public thoroughfare.
- Hired Vehicles (Liquor Only): The open container law for liquor (§61−6−4030) has a limited exception for alcoholic liquors belonging to a passenger in a taxi, limousine, or bus that is used for the transportation of passengers for hire, provided the liquor is stored in the passenger’s baggage. However, the general open container law for beer and wine (§61−4−110) has no such explicit exception for hired vehicles.
Part II: The Misdemeanor Penalties and Hidden Consequences
The penalty for an open container violation of beer or wine (§61−4−110) is listed as a misdemeanor offense punishable by a fine of not more than $100 or imprisonment for not more than 30 days. While the fine is low and jail time is rare for a first offense, the true danger of the conviction lies in its collateral effects, which include:
- A Permanent Criminal Record: As a misdemeanor criminal conviction, the charge results in a permanent entry on your criminal record. This is not merely a traffic ticket. This record can surface during employment background checks, security clearances, professional licensing reviews, and applications for higher education or military service.
- Driving Record Points and Insurance Impact: An open container conviction often carries points against your driving record, leading to increased automobile insurance premiums—a financial consequence that quickly dwarfs the initial $100 fine.
- Enhancement of Other Charges: The open container violation frequently occurs in conjunction with or leads directly to more serious charges:
- DUI: The sight of an open container provides the officer with immediate probable cause to further investigate the driver for impaired driving, turning a routine traffic stop into a full-scale DUI arrest.
- Minor in Possession (MIP): If the passenger or driver is under 21, they face separate, stacking charges for Minor in Possession of Alcohol, which itself carries fines and mandatory license suspension under South Carolina’s zero-tolerance laws for minors. For a comprehensive overview of how a criminal record can impact your future, especially for repeat offenders, you may want to consult our dedicated SC Misdemeanor Criminal Defense page.
Part III: Defense Strategies for Open Container Charges
Because an open container charge carries a criminal designation, it must be defended vigorously. An attorney’s primary goal is often to prevent the conviction entirely, either through dismissal or through successful entry into a diversion program, thereby keeping the criminal record clean.
1. Challenging the Element of “Open”
The most fundamental defense challenges the state’s proof that the container was actually open.
- Officer’s Observation: The attorney can question the officer’s testimony regarding the seal. Was the officer sure the container was unsealed, or did they merely see liquid?
- Misidentified Contents: If the container was not tested, the defense can argue the container did not contain beer or wine as defined by the statute. This is rare but possible if, for instance, a partially sealed bottle contained only water or a non-alcoholic beverage.
2. Challenging the Element of “Possession”
The defense must argue that the defendant did not have “possession” of the container as defined by law, especially in cases where the driver is charged but the open container belonged to a passenger.
- Lack of Knowledge: The defense can argue the driver was unaware of the container’s presence or that it was open. This is a crucial defense when a container is left behind by a previous passenger, a scenario common for rideshare or carpool drivers.
- Exclusive Possession by a Passenger: If a passenger is actively holding or drinking the container, the defense for the driver centers on establishing that the passenger had exclusive control and the driver had no knowledge or control over the container.
3. Challenging the Element of “Location”
The defense can argue that the vehicle was not “upon the public highways or highway rights of way.”
- Private Property Defense: If the stop occurred in a truly private parking lot, a private driveway, or on land not designated as a public right-of-way, the statute may not apply.
- Tailgating Exception: Where applicable, the attorney can argue the vehicle was legally parked for a permitted function, falling under the explicit statutory exception.
4. Constitutional Challenges (Unlawful Stop or Search)
Often, an open container violation is discovered after a traffic stop for a minor issue (e.g., a broken taillight or minor speeding). If the initial stop or the subsequent search of the vehicle was unconstitutional—a violation of the Fourth Amendment—then any evidence found, including the open container, must be suppressed under the exclusionary rule.
- Lack of Reasonable Suspicion: The officer must have a valid, articulable reason (reasonable suspicion) to initiate the traffic stop.
- Lack of Probable Cause for Search: If the container was not in “plain view,” the officer needed probable cause or consent to search the interior of the car. An illegal search can lead to the dismissal of the open container charge and any related DUI charges. To explore this critical area of defense, please visit our page detailing Challenging Unlawful Traffic Stops and Searches.
Part IV: Mitigating Long-Term Damage
Due to the criminal nature of the charge, the goal of an experienced attorney is to negotiate an outcome that allows for the eventual expungement of the criminal record.
- Pre-Trial Intervention (PTI): For first-time offenders who meet specific eligibility criteria, the attorney may be able to secure entry into a Pre-Trial Intervention program. Upon successful completion of educational classes, community service, and other requirements, the charges are dismissed and are eligible for expungement, which effectively wipes the charge from the defendant’s record.
- Reduction to a Non-Moving, Non-Alcohol Offense: In some cases, negotiations with the prosecutor can result in the charge being reduced to a minor, non-alcohol related infraction that carries no criminal record or a lesser impact on the defendant’s driving record.
The presence of an open container is a flashpoint for law enforcement, almost always leading to scrutiny for DUI. If you or a loved one has been charged with an open container violation, especially if it resulted from a stop that led to a DUI investigation, you need immediate, decisive legal intervention. Understanding and defending against these charges requires an intimate knowledge of the nuances of South Carolina’s statutes and case law, the very details an experienced attorney can leverage to protect your record and your future. For more information on the legislative intent and full text of the state’s traffic and alcohol laws, you can review the South Carolina Code of Laws directly.
This misdemeanor is a serious legal matter that should never be handled without professional counsel. Contact us immediately to discuss your defense options. For additional information concerning the enforcement of these laws, the South Carolina Department of Public Safety (SCDPS) provides further details.
The Vital Importance of a Proactive Defense
While an open container charge under S.C. Code § 61-4-110 may appear to be a minor hurdle on the surface, the reality of South Carolina’s criminal justice system is that “minor” charges often serve as the gateway to major legal complications. A conviction for an SC Open Container Misdemeanor is not a mere slap on the wrist; it is a permanent entry on your criminal record that signals a lapse in judgment to employers, licensing boards, and law enforcement officers in future encounters. When you pay a fine for an open container without contesting it, you are effectively entering a guilty plea to a criminal offense, waiving your right to challenge the evidence, and accepting a mark that can never be expunged under standard circumstances.
The true danger lies in the intersection of this law with more aggressive charges like DUI. In the eyes of a prosecutor, an open container in the passenger area is the “smoking gun” of potential impairment. It provides the narrative the state needs to argue that you were not just driving, but actively consuming alcohol while behind the wheel. However, as we have detailed, the law is nuanced. Issues of constructive possession, the legality of the traffic stop, and the exact definition of the passenger area all provide fertile ground for a skilled defense. An attorney’s role is to ensure that a moment of oversight doesn’t evolve into a life-altering conviction.
In Greenville and across the Upstate, the Baldwin Law Firm is dedicated to deconstructing the state’s case, piece by piece. Whether it involves filing motions to suppress evidence based on an unlawful search or negotiating for a dismissal through Pre-Trial Intervention (PTI), our goal is always the same: a clean slate. Do not let a misdemeanor charge define your future or jeopardize your driving privileges. For more information on the legislative intent and full text of the state’s traffic and alcohol laws, you can review the South Carolina Code of Laws directly.
