Purchase or possession by minor, penalty
In Missouri, anyone under 21 who buys, tries to buy, or possesses alcohol — or who is visibly drunk or has a blood alcohol level of 0.02% or more — is breaking the law. A first offense is a minor misdemeanor; a second or later offense is a more serious misdemeanor. If a sealed container says it has alcohol in it, the law treats it as alcohol without needing to open or test it — the person accused has to prove it isn't alcohol, not the other way around. Someone under 21 in this situation is also considered to have agreed to breath, blood, saliva, or urine testing. There is an exception for students 18 or older in college culinary classes who only taste (not swallow) alcohol as required by their coursework, under the control of an instructor who is 21 or older.
Classifications stated in the statute. Actual outcomes vary.
311.325. Purchase or possession by , — container need not be opened and contents , when — to given, when — on violator to prove not — section not applicable to certain students, requirements. — 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 as defined in section 577.001, or has a of more than two-hundredths of one percent or more of alcohol in such person's blood is guilty of a . A first violation of this section shall be punishable as a . A second or of this section shall be punishable as a . shall be in the same manner as required by section 558.021. For purposes of under this section or any other of this chapter involving an alleged illegal sale or of intoxicating liquor to a person under twenty-one years of age, a - container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to 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 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 or of the , 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 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 to submit to the chemical tests listed in this shall be limited to not more than two such tests arising from the same , incident, or charge. of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the state by licensed medical personnel or by a person possessing a valid d by the state department of health and senior services for this purpose. The state department of health and senior services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid and shall establish standards to the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to or by the state department of health and senior services. The person tested may have a physician, or a qualified technician, chemist, nurse, or other qualified person at the choosing and expense of the person to be tested, a test in addition to any administered at the direction of a . The failure or inability to obtain an additional test by a person shall not the admission of evidence relating to the test taken at the direction of a law enforcement officer. Upon the request of the person who is tested, full concerning the test shall be made available to such person. Full information is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood or breath sample or urine analyzed;
(3) The numerical results of the test indicating the alcohol content of the blood and breath and urine;
(4) The type and status of any permit which was held by the person who performed the test;
(5) If the test was administered by means of a breath-testing , the date of performance of the most recent required of such instrument.
4. The of this section shall not apply to a student who:
(1) Is eighteen years of age or older;
(2) Is in an and is a student in a ;
(3) Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar or beverage as part of the required ; and
(4) Tastes a beverage under (3) of this subsection only for instructional purposes during classes that are part of the curriculum of the accredited college or university. The beverage must at all times remain in the possession and control of an instructor of the college or university, who must be twenty-one years of age or older. Nothing in this subsection may be to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
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Source & history notes
(L. 1959 H.B. 248 § 1, A.L. 1994 S.B. 693, A.L. 2003 S.B. 298, A.L. 2005 S.B. 402, A.L. 2006 S.B. 725, A.L. 2009 H.B. 62, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.