Missouri’s open container statute
The state of Missouri prohibits the consumption or possession of an open container of alcohol in, on, or between the driver’s seat and the passenger’s seat of a vehicle. The law applies to all vehicles in the state, including an automobile, truck, bus, motorcycle, motor home, trailer, recreational vehicle or house trailer, motor truck, and van.
Definition of an Open Container
An open container is a bottle, can, or other receptacle that contains any amount of alcoholic beverage that is either open or has a broken seal. The law does not apply if the vehicle is parked at a location where you can legally drink. Also, any unsealed container may be legally transported if it is located behind the front or back seats of the vehicle; or, for a truck or van, it is away from the driver compartment .
Legal Statutes
Specifically, here is the relevant portion of the law pertaining to open containers:
Section 311.454. 1. No person shall open any package containing intoxicating liquor and consume such liquor upon the highways or within any motor vehicle upon the highways of this state.
2. No person having possession or control of any motor vehicle upon any highway shall, when such vehicle is occupied by that person, permit any passenger to open any package containing intoxicating liquor and consume such liquor.
3. This section shall not apply to a passenger in a motor vehicle operated by a chauffeur while under the authority of a "for hire", "private carrier", or "bus licensee", or while operating pursuant to the terms of an "experimental-use" permit issued under provisions of the Federal Insecticide, Fungicide, and Rodenticide Act.
Exemptions to the open container law
The law in Missouri provides some exceptions to the prohibition against open alcohol containers. For example, in some instances, individuals are allowed to possess an open container in certain areas. These areas may include commercial airlines or while working as a passenger on duty for a mass transit bus. Also, in Missouri, school buses have to keep their alcohol off-limits; nevertheless, there are exceptions to this rule.
Individuals are exempt from the open container law when they are in an authorized emergency vehicle or are participants in a funeral or if they are in the back seat of a taxi cab. The exceptions include the transporting of alcohol as per its original container (meaning the packaging is sealed) by a passenger and also in regards to passengers under the age of 21 years. Missouri law allows for an exception to the open container law for individuals 18 years and older who are employed by railroads and are working on a railroad train.
Penalties for a violation of this law
The penalties for violating open container laws in Missouri vary depending on the jurisdiction and the specific circumstances of the offense. Fines for a first-time conviction can range from a mere $25 in some counties to upwards of $1,000 in St. Charles County. On top of the fines, the court can also impose a variety of costs and fees. From paying the cost of your attorney to reimbursing the county for conducting the trial, those costs can add up quickly. In St. Louis County, the cost of court is currently $28, and the victim restitution fee is $3.50. In St. Charles County, the "8% Administrative Fee" adds $11 to your fine, court costs, and other fees.
Perhaps even more concerning is the impact an open container charge can have on your driving record. A conviction for violating open container laws is handled as an infraction, meaning that unlike most other alcohol-related driving offenses, it will not result in points on your driving record. This might sound like a good thing; after all, no one who has been caught driving intoxicated wants to rack up points on their license. But it can also mean that even though your infraction is just a ticket, any associated arrest and/or court date can result in a suspension of your driving privileges. The point system for Missouri driving offenses does not apply to misdemeanor or infraction charges, so the Division of Motor Vehicles assesses driving privileges for those offenses on the basis of the arrest rather than the conviction. The only exception is open container charges.
Impact on passengers and drivers
The open container law in Missouri affects both passengers and drivers in a moving vehicle in different ways. For instance, while it is illegal for a driver to consume alcoholic beverages in a vehicle that is in motion, it is not illegal for a passenger to do so. However, it is illegal for a driver to possess an open alcoholic container or intentionally have an open alcoholic container in their possession in a moving vehicle in Missouri. So even if a driver is not consuming or drinking alcohol, they are violating the law if there is an open alcoholic container in their possession.
On the other hand, a passenger in a moving vehicle is free to possess an open alcoholic container and drink out of it without violating the law. If you are pulled over by law enforcement, however, the officer’s attention will be on the driver and the open container in their possession, despite the fact that passengers are also in violation of the law. The charge against the passenger in this situation will vary depending on the judge. Any liquor law attorneys will tell you that many judges fail to administer equal punishments for drivers and passengers. While the driver may receive community service, an intoxicated passenger may walk away . In other cases, both parties will be fined.
Passengers under the age of 21 can be arrested, even though open container laws only apply to drivers. In these situations, the passenger is arrested for underage drinking rather than open container laws. The police will often find a way to charge both the driver and the passenger in a vehicle.
The laws are similar in order to avoid confusion that might be created by the fact that open container laws do not apply to passengers. A variety of penalties and charges might be filed for violations of open container laws, most of which fall under a class B misdemeanor for drivers and a class A misdemeanor for passengers.
While passengers are free to possess alcohol in a moving vehicle, drivers must always avoid violating open container laws. Passengers in a vehicle should always be mindful of the fact that if they are pulled over for any reason, the driver could lose their license and possibly their life if it turns into an accident. Driving with passengers while intoxicated is a serious offense. While it might seem unfair to passengers, Missouri’s open container laws for drivers are designed to keep everyone safe on the road.
How Missouri stacks up to other states
The open container laws in Missouri are less stringent than those in many neighboring states and even those in states further afield, which may encourage certain types of automobile travel through the state. For instance, Kentucky’s open container laws make it illegal for any passenger in a vehicle to possess an open container. This means that regardless of whether a driver is consuming alcohol, if a passenger has an open can or bottle, the driver is violating the law.
Tennessee has laws similar to those in Kentucky, but gives the driver a significant "off-ramp" that lets them avoid punishment if they are carrying passengers who have open containers. Provided that the motorist properly transports the passengers to a destination by the end of the day, the law in Tennessee essentially allows the driver to be punished only if they are pulled over for another offense.
Illinois takes open container laws to an extreme, banning not only open containers but also even sealed containers of any alcohol in the front seat of a vehicle. There are special exceptions for charter drivers, taxis, limousines, buses and motor homes. In fact, states with stricter rules than Missouri can be found as far away as Massachusetts, so the transportation implications of the laws vary significantly from state to state.
While there is a clear disparity in how different states handle open container laws, many states that don’t have particularly restrictive laws will require that an open container be stowed perfectly out of sight. Largely, what this means is that large SUVs and trucks that have covered cargo space must use that space for storage if they need to transport open containers, for whatever reason. Other states, for instance, require the containers to just be properly stowed in the back of a truck without a lid over it.
Advice on speaking with a lawyer and what advice you receive if charged
Whether sitting in the car with a passenger or perhaps at a house party, open containers of alcohol are against the law in Missouri only if they are not being properly consumed . With the potential for an arrest or a simple citation, it is often best to consult with a legal professional about your specific case if you are charged with this or any crime in Missouri. An experienced and qualified lawyer may be able to help you get the charges dropped entirely, reduced, or at least mitigated in some way.