I was arrested for empty beer bottles in a car, even though I don’t drink and wasn’t intoxicated. I paid $148 to get out, wasn’t given a breathalyzer, and no one else was charged.
In South Carolina, if you are under 21 and in a car with others under 21 that have been drinking, it does not matter if you were drinking or not. According to S.C. Code Ann. § 56-5-6110, if you permit another person to drive under the influence or to have an open container, then you can be charged for the same offense. Also, if there were open containers in the car, you can be charged with minor in possession. See SC Code § 20-7-8920.