Missouri does not have a specific open container law on the books, but rather, it specifies that drivers cannot consume alcohol while behind the wheel. Passengers are, however, allowed to drink in a vehicle, and people are allowed to drink in public as long as they are of age. If you are dealing with an accident that may have involved alcohol, it may be useful to have a better understanding of Missouri’s approach to the open container law.
What Missouri Law Says About Alcohol in Vehicles
Missouri’s state law really only speaks on the topic in part. §577.017 states that people are prohibited from consuming alcohol while operating a motor vehicle. It does not add any stipulations about open containers. It also does not say anything about passengers, leaving them open to do as they wish.
Even though it specifically designates that the driver must consume alcohol to break the law, a police officer could see an open container as evidence of consumption and proceed to test the driver for intoxication. The basis of the charge is not having an open container, but it would have served as a suggestion that the driver may have consumed alcohol behind the wheel.
Local Laws May Be Different Regarding Open Containers
The open-ended nature of Missouri’s state law does not mean that every square inch of the state is just as lax. Some cities have enacted their own open container laws, which is important to know if you are traveling through any of them.
One example is Bates City, a small town along I-70 east of Kansas City. In §342.060 of their Government Code, they specify that there cannot be any open container of alcohol in a car if it is accessible to anyone while the car is moving. They provide exceptions for certain chartered vehicles or the living quarters of RVs but extend the restriction to any public place in §600.070.
Be aware of going through any municipalities that have similar laws. There may only be a few, but getting caught with an open container in one could mean serious penalties.
Other Effects of Missouri’s Lack of Open Container Law
In the late 1990s, Congress passed the Transportation Equity Act for the 21st Century, which enacted incentives for states to pass their own open container laws. It also added provisions for any states that did not, like Missouri.
By not enacting an open container law, 23 USC §154 says that a portion of federal funds to the state get moved to alcohol-impaired driving countermeasures like driving classes or to state and local law enforcement who enforce DUI/DWI laws.
Since 2002, the Missouri State Highway Patrol reports that, outside of a few spikes in numbers, there has been a somewhat steady decline in both total crashes and fatal crashes involving alcohol.
Let a DUI Lawyer Help You Get Clarity
If you’ve been injured in an accident where the other driver had an open container, a St. Louis car accident lawyer can guide you through the nuances of open container laws in Missouri and explain your legal options. They can also help you gather evidence, deal with insurance companies, and pursue the full compensation you deserve. Contact a lawyer today to get help.
Meta: Missouri does not have a traditional open container law for vehicles, but drivers can’t drink while driving. Learn how local laws may vary and how this can affect your car accident case.
GMB: Missouri doesn’t ban open containers outright—but drivers can’t consume alcohol behind the wheel. Passengers may legally drink, and public alcohol consumption is allowed in most areas. However, local laws like those in Bates City may impose stricter rules. If you were in a crash involving alcohol, a St. Louis car accident lawyer can help you understand your rights and pursue compensation. Call today for a free consultation.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
While these laws may seem strange, they reflect Missouri’s historical efforts to maintain public order and safety. It’s important to be aware of such laws, even if they’re rarely enforced, to avoid potential legal issues.
For more information, contact the best personal injury lawyer in St. Louis, MO at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
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Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
