Missouri Open Container Laws: Everything to Know

Missouri's open container statutes are primarily governed by the Revised Statutes of Missouri (RSMo). The relevant sections include RSMo 311.325 and RSMo 577.017. 

RSMo 311.325: Purchase or Possession by Minor

Text of the Statute

  1. Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly in an intoxicated condition as defined in section 577.001, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor. A first violation of this section shall be punishable as a class D misdemeanor. A second or subsequent violation of this section shall be punishable as a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021. For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
  2. For purposes of determining violations of any provision of this chapter, or of any rule or regulation of the supervisor of alcohol and tobacco control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
  3. Any person under the age of twenty-one years who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor, or who is visibly in an intoxicated condition as defined in section 577.001, shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood. The implied consent to submit to the chemical tests listed in this subsection shall be limited to not more than two such tests arising from the same arrest, incident, or charge.

Interpretation

RSMo 311.325 primarily addresses the purchase or possession of intoxicating liquor by minors (persons under the age of twenty-one). The statute outlines several key points:

  1. Possession and Purchase by Minors: It is illegal for minors to purchase, attempt to purchase, or possess intoxicating liquor. The definition of intoxicating liquor is provided in section 311.020. Additionally, minors who are visibly intoxicated or have a blood alcohol content (BAC) of more than 0.02% are also in violation of this statute.

  2. Penalties: The penalties for violating this statute are tiered based on the number of offenses. A first violation is classified as a class D misdemeanor, while subsequent violations are classified as class A misdemeanors. The statute also specifies that prior findings of guilt must be pleaded and proven as required by section 558.021.

  3. Manufacturer-Sealed Containers: For the purposes of prosecution, a manufacturer-sealed container that describes its contents as intoxicating liquor does not need to be opened or tested to verify its contents. The burden of proof lies with the alleged violator to prove that the container did not contain intoxicating liquor.

  4. Implied Consent for Chemical Testing: Minors who purchase, attempt to purchase, or possess intoxicating liquor, or who are visibly intoxicated, are deemed to have given consent to chemical tests (breath, blood, saliva, or urine) to determine their alcohol or drug content. This implied consent is limited to no more than two tests arising from the same incident.

RSMo 577.017: Open Container Law

Text of the Statute

  1. No person shall consume any alcoholic beverage in a moving motor vehicle upon the highways.
  2. No person shall possess an open container of an alcoholic beverage in the passenger area of a motor vehicle upon the highways.
  3. The provisions of this section shall not apply to: (1) The possession of an open container in the trunk of a motor vehicle or in an area of the vehicle not normally occupied by the driver or passengers if the motor vehicle is not equipped with a trunk; (2) The possession of an open container behind the last upright seat of a motor vehicle that is not equipped with a trunk; (3) The possession of an open container in a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation, including but not limited to buses, taxis, and limousines; (4) The possession of an open container in the living quarters of a house coach or house trailer.

Interpretation

RSMo 577.017 addresses the possession and consumption of alcoholic beverages in motor vehicles on highways. The statute includes several key points:

  1. Consumption in Moving Vehicles: It is illegal for any person to consume alcoholic beverages in a moving motor vehicle on highways. This provision aims to prevent impaired driving and ensure road safety.

  2. Possession of Open Containers: It is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on highways. The passenger area is defined as the area designed to seat the driver and passengers while the vehicle is in operation and any area that is readily accessible to the driver or passengers while in their seating positions, including the glove compartment.

  3. Exceptions: The statute provides several exceptions to the open container prohibition:

    • Open containers may be stored in the trunk of a motor vehicle or in an area not normally occupied by the driver or passengers if the vehicle does not have a trunk.
    • Open containers may be stored behind the last upright seat of a motor vehicle that does not have a trunk.
    • Open containers are allowed in motor vehicles designed, maintained, or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines.
    • Open containers are permitted in the living quarters of a house coach or house trailer.

Practical Implications

The open container statutes in Missouri have several practical implications for drivers, passengers, and law enforcement:

  1. Driver and Passenger Responsibilities: Drivers and passengers must ensure that open containers of alcoholic beverages are stored in compliance with the law. This means placing open containers in the trunk or other designated areas where they are not accessible to the driver or passengers.

  2. Law Enforcement: Law enforcement officers have the authority to enforce these statutes and issue citations for violations. Officers may conduct traffic stops and inspections to ensure compliance with the open container laws.

  3. Legal Consequences: Violations of the open container statutes can result in fines, penalties, and potential legal action. It is important for individuals to understand and adhere to these laws to avoid legal issues.

  4. Public Safety: The primary goal of the open container statutes is to promote public safety by reducing the risk of impaired driving. By restricting the consumption and possession of open containers in motor vehicles, the statutes aim to prevent accidents and protect road users.

Conclusion

Missouri's open container statutes, as outlined in RSMo 311.325 and RSMo 577.017, provide clear guidelines for the possession and consumption of alcoholic beverages by minors and in motor vehicles. These statutes aim to promote public safety, prevent impaired driving, and ensure compliance with the law. It is important for individuals to understand and adhere to these statutes to avoid legal consequences and contribute to a safer community.

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