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South Carolina enforces strict open container and DUI laws designed to prevent impaired driving and alcohol-related accidents. These laws apply to drivers, passengers, residents, tourists, alcohol servers, and employers and are enforced by state and local law enforcement agencies.
Understanding South Carolina’s open container rules and DUI regulations is critical to avoiding arrest, fines, license suspension, criminal charges, and long-term legal consequences. State-recognized alcohol server training plays a direct role in DUI prevention and liability reduction. South Carolina must require on-premises alcohol servers to complete SCDOR-recognized training by March 1, 2026, to reinforce legal accountability for overservice and impaired driving.
How South Carolina Regulates Alcohol & Driving
Alcohol-related driving laws in South Carolina are governed by:
- South Carolina Code of Laws
- South Carolina Department of Public Safety
- Local and state law enforcement agencies
Unlike public drinking or business sales laws, these regulations focus specifically on vehicles, roadways, and driver impairment.
Open Container Laws in South Carolina (Vehicles Only)
South Carolina prohibits open containers of alcohol in motor vehicles.
What Is Considered an Open Container?
An open container includes:
- Any alcoholic beverage with a broken seal
- Partially consumed alcohol
- Unsealed bottles or cans
Where Open Containers Are Prohibited
- Passenger area of a vehicle
- Front and back seats
- Cup holders or door compartments
Where Alcohol May Be Stored
- Trunk
- Locked cargo area not accessible to passengers
Violations may lead to:
- Traffic citations
- DUI investigation
- Fines or additional penalties
Passenger Open Container Rules
Passengers are also prohibited from possessing open containers in the vehicle.
This means:
- Passengers cannot legally drink alcohol in a moving or parked vehicle
- Drivers may still be cited even if they are not consuming alcohol
DUI Laws in South Carolina
Driving under the influence (DUI) is a serious criminal offense in South Carolina.
Legal Blood Alcohol Concentration (BAC) Limits
- 08% – Standard adult drivers
- 04% – Commercial drivers
- 02% – Drivers under 21 (zero-tolerance policy)
A driver may still be arrested below these limits if impairment is observed.
DUI Enforcement & Traffic Stops
Law enforcement officers may:
- Conduct sobriety checkpoints
- Perform field sobriety tests
- Administer breath, blood, or urine tests
Refusing a chemical test can result in:
- Immediate license suspension
- Additional legal penalties
DUI Penalties in South Carolina
Penalties increase with:
- Higher BAC levels
- Repeat offenses
- Accidents or injuries
Potential Consequences Include:
- Jail time
- Fines
- License suspension
- Mandatory education or treatment programs
- Installation of ignition interlock devices
- Increased insurance costs
DUI Laws & Alcohol Servers
Alcohol servers and bartenders may face indirect liability if:
- A visibly intoxicated patron is served
- That patron later causes a DUI-related accident
This increases the importance of:
- Overservice prevention
- Intoxication recognition
- Proper refusal of service
DUI Laws & Employers
Businesses may be exposed to liability if:
- Staff overserve alcohol
- Employees lack proper training
- Alcohol service policies are not enforced
Alcohol server and manager training helps demonstrate good-faith compliance and reduces legal risk.
Why Alcohol Server Training Matters for DUI Prevention
Training teaches:
- Early signs of intoxication
- When and how to refuse service
- Documentation of service decisions
- Legal responsibilities related to impaired driving
Alcohol server training is no longer optional for on-premises license holders in South Carolina. Bars, restaurants, hotels, and event venues must ensure that all alcohol-serving staff complete SCDOR-recognized alcohol server training by March 1, 2026.
Frequently Asked Questions (FAQ)
Can passengers drink alcohol in a car in South Carolina?
No. Passengers are not allowed to possess open containers in vehicles.
Is an open container illegal if the car is parked?
Yes, if the vehicle is on a public roadway or accessible area.
Can you be arrested for DUI with a BAC below 0.08%?
Yes. Officers can arrest drivers if impairment is observed.
Does refusing a breath test help?
No. Refusal leads to automatic penalties, including license suspension.
For Alcohol Servers & Hospitality Workers
Understanding DUI laws helps protect your job, your record, and your future.
Get South Carolina mandatory alcohol server training online
For Employers
Reduce DUI-related liability by ensuring staff are trained in responsible alcohol service and intoxication prevention.
Set up SC mandatory alcohol server & manager training
Disclaimer: The information provided in this article is for general informational purposes only and reflects industry practices, regulatory interpretations, and publicly available guidance at the time of writing. It is not intended to constitute legal advice, regulatory advice, or a definitive interpretation of applicable law. Alcohol service laws, licensing requirements, and compliance obligations may vary by jurisdiction and are subject to change. Readers are encouraged to consult qualified legal counsel, regulatory authorities, or appropriate compliance professionals before making operational or legal decisions.
