Missouri Revised Statutes

Mo. Rev. Stat. § 577.017 (2026)

Consumption of alcoholic beverages while driving

✓ current as of May 2026

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577.017. Consumption of alcoholic beverages while driving — penalty. — 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.

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(L. 1991 S.B. 125 & 341 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions

Cited in 2 cases, 1999–2002 · leading case: State v. Davis, 71 S.W.3d 659 (Mo. Ct. App. 2002).

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State v. Davis, 71 S.W.3d 659 (Mo. Ct. App. 2002). “325, and with having an open container, § 577.017. After placing the appellant and the passenger under arrest, Officer White asked the appellant if he had any illegal items on his person.”

State v. Dueker, 990 S.W.2d 670 (Mo. Ct. App. 1999). · cites it 2× “010; and (d) the infraction of violating the open container law, pursuant to section 577.017. On April 14, 1997, defendant filed a motion to suppress evidence, a motion to suppress statements taken from him by law enforcement officials, and a motion to suppress evidence of his…”

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