Missouri
Missouri Open Container Law (2026): Driver-Consumption Only
Independently fact-checked against primary sources (last audited September 17, 2026). · 3 primary sources cited on this page. How we verify our legal content
Missouri does not have a general state open-container law, though many Missouri cities and counties enforce their own local open-container ordinances. The state's only related rule, Mo. Rev. Stat. Section 577.017, bans the driver, and only the driver, from consuming any alcoholic beverage while the vehicle is moving on a public road. It does not ban simply having an open, unsealed container in the vehicle, and it does not address passengers at all. As of September 2026, that remains the current state of Missouri law.
Jurisdiction scope: This article addresses Missouri's state open container law under Mo. Rev. Stat. Section 577.017. It does not address DUI charges. For Missouri's separate DUI penalties, see Missouri DUI laws.
What Missouri's Law Actually Bans
Section 577.017 is a driver-only drinking offense, not a possession offense. It bans the driver, specifically, from consuming an alcoholic beverage while the vehicle is moving on a public thoroughfare. It does not use a "passenger area" concept the way most other states' open container statutes do, and it does not ban having an open, unsealed container in the vehicle if no one is actually drinking from it. Because the ban is tied to the vehicle moving, it does not reach a driver who drinks while legally parked.
Why There's No Possession Offense
Missouri has no companion statute that bans the driver or a passenger from simply possessing an open alcoholic beverage container. That leaves Missouri without any general STATE-LAW open-container possession offense, and without any state rule addressing what a passenger does with an open container while the driver operates the vehicle. That is not the whole picture in practice: many Missouri cities and counties have their own local open-container ordinances, and the state code itself confirms this. Mo. Rev. Stat. Section 311.101, which lets a restaurant patron who ordered a meal transport a resealed, partially consumed wine bottle home if the restaurant bar provided a dated receipt and resealed the bottle in a one-time-use, tamperproof, transparent bag, expressly shields that transport, so long as the patron keeps the receipt and the seal stays intact, from being considered a violation of "any state law or local ordinance regarding open containers in vehicles" - a safe-harbor provision that only makes sense because local open-container ordinances exist and are enforced. A passenger who is not violating state law can still be cited under a municipal ordinance, so check the local rule for the specific city or county before assuming state law is the only rule that applies.
Penalty
A violation of Section 577.017 is an infraction under Missouri law. It is not reflected on the driver's record kept by the Missouri Department of Revenue, which distinguishes it from many moving violations that do carry points or a record entry.
Why Missouri Is on the Federal Non-Conforming List
Federal law, 23 U.S.C. Section 154, ties a share of a state's highway funding to having an open container law that bans both possession and consumption for every occupant of a vehicle. Missouri is one of 12 states FHWA has determined do not meet that standard for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025); the notice itself names the non-conforming states without stating a state-by-state reason. Judged against the federal criteria, Missouri's law reaches only the driver's act of drinking while the vehicle is moving and does not ban possession by the driver or a passenger, which is the likely explanation for the listing. Missouri has 2.5 percent of certain federal highway apportionments reserved and, absent a compliant law, redirected to highway safety programs.
Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.
Related reading: open container laws by state, Missouri DUI laws, and Missouri window tint laws.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Is it illegal for a passenger to have an open container of alcohol in Missouri?
Not under state law. Missouri has no statute banning possession of an open alcoholic beverage container by a passenger; its only related law, Mo. Rev. Stat. Section 577.017, bans only the driver from drinking while the vehicle is moving. That is not the whole picture, though: many Missouri cities and counties have their own local open-container ordinances, and Mo. Rev. Stat. Section 311.101 confirms local ordinances of this kind exist by shielding a specific resealed-wine scenario, a meal patron carrying a dated receipt and a tamperproof, sealed bag with an intact seal, from them. Check the local ordinance for the specific city or county.
Can a passenger drink alcohol while someone else drives in Missouri?
Missouri's state open-container statute does not bar a passenger from drinking. It only bans the driver from consuming alcohol while the vehicle is moving. A local ordinance in a specific city or county could still bar it, so this is not a blanket green light.
Does Missouri's open container law apply to a parked vehicle?
No. Section 577.017 bans driver consumption only while the vehicle is moving on a public thoroughfare. The statute's text does not reach a driver drinking while the vehicle is legally parked.
Why is Missouri on the federal open container non-compliance list?
Federal law under 23 U.S.C. Section 154 requires a state's open container law to ban both possession and consumption for every vehicle occupant. FHWA lists Missouri as non-conforming for fiscal year 2026 without stating a state-by-state reason; judged against the federal criteria, Missouri's law does neither for passengers and does not ban possession at all.
Updates
Clarified that Missouri's resealed-wine transport rule described here applies to restaurant-bar wine with a meal, and corrected the article's scope note.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 577
§ 577.017Consumption of alcoholic beverages while driving — penalty.In forcecited in 2 of our articles
1. A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage. 2. The offense of consumption of an alcoholic beverage while driving is an infraction and shall not be reflected on any records maintained by the department of revenue.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at revisor.mo.gov
Also relied on in: Open Container Laws by State (2026): Passengers, Exemptions, Penalties
Revised Statutes of Missouri, Title XX (ALCOHOLIC BEVERAGES), Chapter 311
§ 311.101Unfinished bottles of wine may be carried out of a restaurant bar, when — transportation permitted — wineries, unfinished bottles of wine may be removed, when — transportation permitted — definition of winery.In force
1. Notwithstanding any other provision of law, it shall not be unlawful for the owner, operator, or employees of a restaurant bar, as defined in section 311.097*, to allow patrons to carry out one or more bottles of unfinished wine, nor shall it be unlawful for patrons of such restaurant bar to carry out one or more bottles of unfinished wine under the following conditions: (1) The patron must have ordered a meal; (2) The bottle or bottles of wine must have been at least partially consumed during the meal; (3) The restaurant bar must provide a dated receipt for the unfinished bottle or bottles of wine; and (4) The restaurant bar must securely reseal the bottle or bottles of wine and place them in one or more one-time-use, tamperproof, transparent bags and securely seal the bags.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Open Container Law (2026): Statute and Exemptions, Alabama Open Container Law (2026): The $25 Fine and No-Points Rule, Arkansas Open Container Law (2026): Rules, Exemptions, and Penalty
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Mo. Rev. Stat. § 577.017 - Drinking alcoholic beverage while operating motor vehicle prohibited(revisor.mo.gov).gov
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- FHWA Notice N4510.905 - FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov
- Mo. Rev. Stat. § 311.101 - Resealed wine bottle safe harbor from state law and local open-container ordinances(revisor.mo.gov).gov