Is it OK to drink liquor or beer in a car in SC if you’re not driving? What the law says
It’s well known that drinking alcohol and driving is illegal in South Carolina.
But how many know the law regarding vehicle passengers with alcohol?
People can be hit with serious penalties if they’re convicted of drinking and driving in the state. According to the South Carolina of Public Safety, if you are convicted of driving under the influence of alcohol, you face a fine of up to $400 and or imprisonment from 48 hours to 30 days and a suspension of your driver’s license for six months for a first offense. By the fourth offense, you can be imprisoned from one to five years and your license can be taken permanently.
Despite the penalties, drinking and driving remains a serious issue in the state.
A recent study by the Simmrin Law Group found that South Carolina was the worst state for drunk driving in 2024. The latest National Highway Traffic Safety Administration data was used in the study, which found that drunk drivers in the state accounted for 43% of all traffic fatalities — exceeding the national average of 32%.
However, what if you’re found drinking alcohol in a car but your driver has not had a drop? Will South Carolina still crack down on you?
Here’s what South Carolina law says.
SC open container law
According to South Carolina law, section 61-4-110, it is illegal in South Carolina to have an open container of beer, wine or liquor in a motor vehicle.
“Remember, it is still a crime, even if you are not drinking the alcohol or if the container is empty,” South Carolina-based Hopkins Law Firm states on its website.
Open container law exceptions
There are a couple of exceptions to South Carolina’s open container law.
You can transport an open container of beer, wine or liquor as long as it is in your vehicle’s trunk or luggage compartment.
People can have open containers of alcohol in vehicles in South Carolina as long as they are legally parked during a function where law enforcement officers are performing traffic control duties, such as sporting events.
Also, naturally, it is legal to transport unopened containers of alcohol.
Penalty for violating open container law
Under South Carolina law, if an open container of alcohol is found in your vehicle, you could face a misdemeanor conviction resulting in a maximum $100 fine or up to 30 days in jail.
