Charleston Open Container Defense Lawyers

Defending Against Open Container Violations in South Carolina

In South Carolina, driving under the influence of alcohol or drugs can result in serious criminal penalties. If you were arrested for an open container violation, securing an experienced defense is imperative to life-altering consequences and protect your reputation. Whether you made an honest mistake or were unaware of the illegality of your actions, our Charleston defense lawyers are here to aggressively defend your rights.

At Thurmond Kirchner & Timbes, P.A., our open container defense attorneys have nearly 25 years of experience protecting the rights of the accused. Our firm prioritizes open communication and transparency with our clients, ensuring they understand their legal options to make fully informed decisions throughout their case. No matter the criminal allegations you’re facing, you can rest assured that we’ll do everything in our power to reduce or dismiss the charges against you.

If you were arrested for an open container violation, our Charleston attorneys can aggressively defend your rights. Call (843) 790-0083 to schedule a free consultation.

What Constitutes an Open Container in South Carolina?

South Carolina’s open container law is codified in § 61-4-110 and § 61-6-4020. Under state law, an “open container" includes any bottle, can, or receptacle containing alcohol that isn’t sealed by the manufacturer. In other words, if you've broken the seal on your drink or removed the cap, you can be charged with an open container violation.

Beer & Wine vs. Liquor: What’s the Difference?

“Beer or wine” applies to any beverage containing one-half of one percent or more of alcohol by volume (SC Code § 61-4-110). Open containers of liquor apply to “unlawfully acquired or manufactured alcoholic liquors” (SC Code § 61-6-4020).

Exceptions to the Open Container Law

The open container law makes it illegal to carry any open container of alcohol “in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State.” It's illegal to have open alcoholic beverages in the passenger area of a vehicle, including the center console, glove compartment, or any area readily accessible by the driver or passengers.

However, transporting legally purchased alcohol in your trunk or a locked glove compartment is generally a safe and lawful act. Additionally, drivers can lawfully transport open containers of wine so long as they are capped and stored in a non-passenger area of the vehicle.

Penalties for Open Container Violations

According to the South Carolina Code of Laws, citizens who violate the open container law by transporting beer or wine are guilty of a misdemeanor. If convicted, potential penalties include:

• Up to $100 in fines
• Up to 30 days in jail

Open container violations for liquor are considered misdemeanor offenses.Depending on the defendant’s prior history, a conviction is punishable by:

• First offense: A minimum fine of $600 or up to 6 months of imprisonment.
• Second offense: $1,500 in fines or 1 year in prison.
• Third or subsequent offense: $300 in fines or 2 years of imprisonment.

Keep in mind that any criminal conviction on your record, even misdemeanor offenses, can result in a myriad of hardships, such as difficulties finding employment and retaining housing. It’s imperative to seek sound counsel as soon as possible after being charged with any criminal violation to safeguard your rights. Our experienced Charleston defense attorneys can collaborate closely with you to develop a unique legal strategy tailored to your case and advocate for the fair verdict you deserve.

Defending Against Open Container Violations in SC

If you were charged with an open container violation in Charleston or the surrounding area, our firm can work tirelessly to protect your reputation and civil liberties. We can carefully evaluate the unique circumstances of your case to employ an effective defense strategy on your behalf. Common defenses against open container violations include:

• Necessity defense: This defense argues that the driver had a valid reason to possess an open container in their vehicle, such as transporting it for recycling or responsible disposal purposes.
• Inaccurate testing: This defense argues that there wasn’t alcohol in the container due to errors during testing or evidence collection.
• Unlawful traffic stop: If law enforcement discovered the open container during an unconstitutional traffic stop or search, such as pulling over the driver without reasonable suspicion, the evidence may be inadmissible in criminal court.
• Passenger responsibility: This defense argues that a passenger in the vehicle brought an open container without the driver’s knowledge.

Consulting with a qualified attorney is paramount to establishing a strong defense in criminal court. Our aggressive open container violation attorneys have extensive knowledge of criminal law in South Carolina to build a robust and well-fortified defense on your behalf and pursue a favorable outcome in your case. No matter your situation, we fight to reduce or dismiss the charges against you to avoid the life-altering penalties of a criminal conviction.

Defending the Accused Since 2005

Our seasoned criminal defense attorneys at Thurmond Kirchner & Timbes, P.A. are committed to defending your rights in Charleston and beyond. With nearly two decades of experience providing experienced representation to the accused in South Carolina, our clients trust us to safeguard their rights while protecting their freedom and future. From domestic violence allegations to drug crimes to traffic offenses, our firm can fight for the second chance you deserve. We understand that even law-abiding citizens make mistakes, which is why our lawyers are dedicated to delivering passionate advocacy in defense of our clients.

Arrested in Charleston? Turn to a criminal defense firm with a proven track record of results. Contact us online to discuss your case with our award-winning lawyers.