Mo. Rev. Stat. » Chapter 311
Missouri Revised Statutes

Mo. Rev. Stat. § 311.325 (2026)

Purchase or possession by minor, penalty

✓ current as of May 2026
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  311.325.  Purchase or possession by minor, penalty — container need not be opened and contents verified, when — consent to chemical testing deemed given, when — burden of proof on violator to prove not intoxicating liquor — 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 intoxicated condition as defined in section 577.001, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor.  A first violation of this section shall be punishable as a class D misdemeanor.  A second or subsequent violation of this section shall be punishable as a class A misdemeanor.  Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.  For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one years of age, 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.

  2.  For purposes of determining violations of any provision of this chapter, or of any rule or regulation of the supervisor of alcohol and tobacco control, 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 chemical test 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 implied consent to submit to the chemical tests listed in this subsection shall be limited to not more than two such tests arising from the same arrest, incident, or charge.  Chemical analysis of the person's breath, blood, saliva, or urine shall be performed according to methods approved by the state department of health and senior services by licensed medical personnel or by a person possessing a valid permit issued 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 ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health and senior services.  The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer.  The failure or inability to obtain an additional test by a person shall not preclude 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 information 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 instrument, the date of performance of the most recent required maintenance of such instrument.  

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Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state.  Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

  4.  The provisions of this section shall not apply to a student who:

  (1)  Is eighteen years of age or older;

  (2)  Is enrolled in an accredited college or university and is a student in a culinary course;

  (3)  Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

  (4)  Tastes a beverage under subdivision (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 authorized instructor of the college or university, who must be twenty-one years of age or older.  Nothing in this subsection may be construed 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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(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

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1981–2022 · leading case: State v. Andrews, 329 S.W.3d 369 (Mo. 2011).
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State v. Andrews, 329 S.W.3d 369 (Mo. 2011). · cites it 4× “060 (must be 16 to obtain a driving license); section 311.325 (setting the minimum drinking age at 21); [11] section 431.”
State Ex Rel. Simmons v. Roper, 112 S.W.3d 397 (Mo. 2003). · cites it 4× “056 (minors' capacity to enter into contracts); section 451.”
State of Missouri v. Kathryn Avent, 432 S.W.3d 249 (Mo. Ct. App. 2014). · cites it 4× “However, unlike Devenpeck, this issue was not raised with the trial court (even though Avent was also charged with possession of intoxicating liquor by a minor in violation of section 311.325); hence, it cannot serve as a basis for reversal at this juncture of the case.”
Snodgras Ex Rel. Keown v. Martin & Bayley, Inc., 204 S.W.3d 638 (Mo. 2006). · cites it 2× “xication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be…”
In the Interest of J.I.S. v. Waldon, 791 S.W.2d 379 (Mo. 1990). · cites it 3× “01 alleging that respondent, a juvenile, possessed intoxicants while operating an automobile in violation of section 311.325, RSMo 1986, punishable under the Abuse and Lose Law, section 577.”
State v. Larson, 623 S.W.2d 69 (Mo. Ct. App. 1981). · cites it 3× “Larson was charged with possession of intoxicating liquor, a violation of § 311.325. The Missouri Uniform Traffic Ticket issued to the defendant described the violation and included most of the relevant data identifying Larson, but omitted his birth date.”
Von Ruecker v. Holiday Inns, Inc., 775 S.W.2d 295 (Mo. Ct. App. 1989). · cites it 3× “Section 311.325, RSMo 1986, provides: "Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his possession, any intoxicating liquor as defined in section 311.”
State v. Davis, 71 S.W.3d 659 (Mo. Ct. App. 2002). “Since both the appellant and the passenger were under the age of twenty-one, Officer White placed them under arrest, citing them for being minors in possession of alcohol, § 311.325, and with having an open container, § 577.”
State v. Hanners, 827 S.W.2d 273 (Mo. Ct. App. 1992). · cites it 2× “Defendant, Michael Hanners, was found guilty in a bench tried case of possession of intoxicating liquor by a minor, a Class A misdemeanor, in violation of § 311.325 RSMo 1986. The trial court gave him a suspended imposition of sentence and ordered his driving privileges revoked…”
State v. Duggar, 806 S.W.2d 407 (Mo. 1991). “However, a variety of privileges remain limited to those twenty-one years of age or older, such as the right to purchase alcohol, § 311.325, or concealable firearms. § 571.”
State v. Reyes, 862 S.W.2d 377 (Mo. Ct. App. 1993). “For other offenses defined in a similar manner, see: § 311.325 — Purchase or Possession by Minor; § 565.”
State v. J.D.L.C., 293 S.W.3d 85 (Mo. Ct. App. 2009). · cites it 5× “Minor was charged with misdemeanor minor in possession of intoxicating liquor for, as a person under the age of twenty-one years, having a detectable blood alcohol content of more than two-hundredths of one percent or more by weight, section 311.325, RSMo Cum.Supp.2008. Upon…”
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