can passengers drink alcohol in a car in south carolina
Under South Carolina Code Section 61-4-110, it is unlawful for any person to have open beer or wine in a motor vehicle on a public highway unless it is in the trunk or luggage compartment. The wording covers a person, not only the driver, so passengers are included. We read only this beer and wine section.
Free download
Standard Drinks Cheat Sheet (PDF): How many US standard drinks and UK units are in beer, wine, spirits and liqueurs, by can, glass and bottle. 33 rows, each with its source.
Thank you
Your chart is ready
We use your email only for this download.What the statute says
Section 61-4-110 of the South Carolina Code applies to a person who has open beer or wine in a motor vehicle while on a public highway or highway right of way. The only carve-out we read for the passenger space is the trunk or luggage compartment. The section says nothing separate about passengers; it applies to any person.
Penalty
A violation is a misdemeanor. On conviction the person must be fined not more than $100 or imprisoned not more than 30 days.
What is not covered
- Transporting beer or wine in a closed container is not prohibited by this section.
- It does not apply to a vehicle legally parked during events such as sporting events where law enforcement officers are on duty for traffic control.
- “Beer or wine” means a drink with one-half of one percent or more alcohol by volume.
Spirits and other rules
This section covers beer and wine only. We did not open the separate rules for liquor, or any rules for specific vehicle types, so check South Carolina’s code or ask a lawyer. Laws change. See our laws and travel guides for other states.
People also ask
Can a passenger have an open beer in a car in South Carolina?
Section 61-4-110 makes it unlawful for any person to have open beer or wine in a motor vehicle on a public highway, except in the trunk or luggage compartment.
What is the penalty for an open container in South Carolina?
Section 61-4-110 sets a misdemeanor with a fine of not more than $100 or up to 30 days in jail.
Can I carry sealed alcohol in a car in South Carolina?
The section does not prohibit transporting beer or wine in a closed container.
Sources
About · How we verify this · Editorial policy · Corrections
