Can you drink beer or liquor in a car in SC while someone else drives? Here’s what the law says

Patrick McCreless
·2 min read

Driving under the influence of alcohol is illegal and you’d be hard-pressed to find someone who doesn’t know that law.

But how many know the law regarding vehicle passengers with alcohol?

With Labor Day weekend on the horizon, the South Carolina Department of Public Safety has already increased its patrols to crack down on drunk driving. This time of year leading into the holiday usually sees an uptick in traffic fatalities, statistics show.

However, what if you’re found drinking alcohol in a car but your driver has not had a drop? How can you expect a South Carolina state trooper to react?

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.