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What are the open container laws in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

South Carolina's open container framework is split between beer/wine (§ 61-4-110) and liquor (§ 61-6-4020), both with similar criminal exposure.

1. Statutory Rules

  • S.C. Code § 61-4-110: It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this state.
  • S.C. Code § 61-6-4020: It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, alcoholic liquors in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this state.

    • 2. Penalty

  • Misdemeanor — fine up to $100 for first offense; subsequent offenses subject to higher fines.
  • No jail typically imposed.
  • Conviction stays on criminal record.

    • 3. Definitions

  • "Open container" = receptacle whose seal has been broken or contents partially removed.
  • The statutes specifically except the trunk or luggage compartment as the safe harbor.
  • SUV/hatchback: behind the rearmost upright seat treated as luggage compartment.

    • 4. Driver and Passenger Both Liable

    "Any person" in possession can be cited.

    5. Exemptions

  • Trunk or luggage compartment.
  • Passenger in a chauffeured limousine, taxi, or bus (carrier exemption recognized by case law and ABC regulations).
  • Living quarters of a motorhome.

    • 6. Public Consumption

  • S.C. Code § 61-4-580(3) generally prohibits permitting consumption of beer/wine on licensed premises not licensed for consumption.
  • Public consumption in unlicensed places is governed by local ordinance.
  • Charleston (Code § 21-43): public drinking banned; fine up to $500.
  • Myrtle Beach (Code § 14-1.5): public consumption banned on beach and Ocean Boulevard, increased enforcement during spring break and bike weeks.
  • Columbia has Vista entertainment-district event permits but no permanent open-container zone.

    • 7. Tailgating

    Williams-Brice Stadium and Death Valley (Clemson Memorial Stadium) parking lots permit open container in tailgate areas during gameday under team policy; public streets to/from stadiums remain § 61-4-110 territory.

    8. Boating

    S.C. Code § 50-21-112 prohibits boating under influence; passenger open containers on private vessels are not prohibited per § 61-4-110 which addresses motor vehicles on highways.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • S.C. Code § 61-4-110
    • S.C. Code § 61-6-4020
    • S.C. Code § 61-4-580

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.