South Carolina Open Container Law (2026): Two Statutes Explained

South Carolina bans having an open container of beer or wine in a vehicle under S.C. Code Ann. § 61-4-110, and separately bans transporting an opened container of distilled spirits under § 61-6-4020(A). The beer/wine statute reaches the driver and every passenger through its possession language; the liquor statute is framed as a transport prohibition and does not use that same by-any-occupant possession language. As of September 2026, both sections were confirmed against South Carolina's official code website.

Jurisdiction scope: This article addresses South Carolina's two state open container statutes, covering beer/wine and distilled spirits. It does not address South Carolina's DUI laws in detail. For South Carolina's DUI penalties, see South Carolina DUI laws.

South Carolina's Beer and Wine Open Container Law

South Carolina's beer and wine statute reads:

"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. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties."

S.C. Code Ann. § 61-4-110

This is a possession rule, not a drinking rule. The text bans having an open beer or wine container in the vehicle, but it does not separately state that drinking beer or wine while riding is itself a crime. Because the statute simply says "a person," it reaches the driver and every passenger equally. "Beer or wine" is defined in the section as any beer or wine containing one-half of one percent or more alcohol by volume. The parking-lot exception is narrow: it applies only to a vehicle legally parked during an event like a sporting event where officers are on duty directing traffic, not to parked vehicles generally.

South Carolina's Liquor Open Container Law

A separate statute governs distilled spirits. Section 61-6-4020(A) reads, in relevant part:

"If the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in a trunk, luggage compartment, or cargo area that is separate and distinct from the driver's and passengers' compartments. For purposes of this exception, the luggage compartment or cargo area is not required to be a closed trunk that is accessible only from the exterior of the motor vehicle."

S.C. Code Ann. § 61-6-4020(A)

This section covers "alcoholic liquors," meaning distilled spirits of any alcohol-by-volume percentage, and frames the offense as unlawfully transporting an opened container rather than simply possessing one, though the practical effect is similar to the beer/wine rule. The exempted storage area is defined more flexibly than a traditional trunk: a cargo area in a vehicle without a separate enclosed trunk, such as an SUV or hatchback, can qualify as long as it is separate and distinct from the driver's and passengers' compartments.

Penalties

Both statutes carry the same penalty structure. A conviction under either § 61-4-110 or § 61-6-4020(A) is a misdemeanor, punishable by a fine of not more than $100 or imprisonment of not more than 30 days.

Federal Compliance

Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. South Carolina is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

Related reading: open container laws by state, South Carolina DUI laws, and South Carolina window tint laws.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.