What Is Missouri’s Open Container Law?

Missouri’s open container law can be a source of confusion for residents and visitors alike. Knowing the specifics of this regulation is fundamental to avoid legal trouble, especially when driving through areas like St. Louis. While there isn’t a statewide open container statute for passengers in vehicles, the state still imposes strict rules on drinking and driving that everyone must be aware of.

If you or a loved one is facing legal issues related to this situation or impaired driving, Burger Law is here to help. Contact us at (314) 500-HURT  for expert legal advice.

State Level Laws

Missouri stands out among U.S. states because it does not have a uniform statewide law prohibiting open containers of alcohol in the passenger areas of vehicles. This lack of regulation means that, in many parts of the state, passengers may legally possess and consume alcohol while inside a moving vehicle. However, drivers are still strictly prohibited from consuming alcohol while behind the wheel. Violating this regulation can result in serious consequences, including driving while intoxicated (DWI) charges.

Local Laws

Although the state does not enforce a consistent statewide open container law, local jurisdictions within the area, such as cities and counties, have the authority to implement their own regulations. St. Louis, in particular, has stricter rules that differ from other areas in Missouri. These local ordinances typically prohibit both drivers and passengers from having bottles of alcohol in their vehicles.

If caught in this situation in the city, even as a passenger, you could face fines or other penalties based on local regulations. Therefore, it’s crucial to familiarize yourself with the specific regulations that apply in your city or county before transporting any kind of these objects.

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Gary Burger

Litigation Attorney

Open Container Laws and Drunk Driving

The link between open container regulations and drunk driving in Missouri is crucial to understand. Even if passengers are legally allowed to consume alcohol in certain areas, this does not provide immunity to the driver. Any sign of impairment in the driver can result in a DWI arrest, which carries significant legal outcomes.

Law enforcement officers in the area are trained to identify signs of driver impairment and will not hesitate to make an arrest if they suspect an operator has been drinking. This means that even if passengers are consuming legally, the driver must remain entirely sober to avoid serious legal repercussions.

No Statewide Open Container Law, But Drinking Is Still Prohibited

It is important to reiterate that while Missouri does not have a universal open container law, the act of drinking while driving is illegal across the entire state. The absence of a statewide jurisdiction regarding the situation does not mean that automobilists can consume alcohol behind the wheel. Drivers must guarantee they are not impaired, as this is a clear violation that leads to criminal charges.

The state’s approach to the laws often causes confusion, leading some to believe drivers have more flexibility than they actually do. To avoid any legal issues, it’s always advisable to abstain from alcohol if you’re planning to drive.

Drivers Can Still Be Charged for DWI

Despite the nuances in these laws, one rule remains constant: driving while intoxicated is illegal across the entire state. If a car user’s blood alcohol concentration (BAC) is found to be over the legal limit of 0.08%, they can face harsh penalties, including fines, license suspension, or even jail time.

The existence of passengers with open containers in a vehicle can also serve as probable cause for law enforcement to administer a sobriety test on the driver. Therefore, even in areas where passengers can legally consume alcohol, drivers should be aware that their actions are under scrutiny.

Contact Our Car Accident Law Firm for Help Today

Missouri’s statutes can be confusing, especially in St. Louis. If you’ve been in an accident or face charges related to open containers or impaired driving, a car accident lawyer from Burger Law can help. We’re here to protect your rights and guide you through the legal landscape.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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