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Underage Drinking and Fake ID Laws in Missouri

How Missouri law treats underage drinking and fake ids: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A person under 21 who buys or tries to buy, or possesses, intoxicating liquor, is visibly intoxicated, or has a blood alcohol content of 0.02% or more commits a class D misdemeanor (fine up to $500) for a first offense and a class A misdemeanor for a second. RSMo §§ 311.325, 311.320, 311.328, 302.400; §§ 558.011, 558.002

Underage drinking and fake IDsA person under 21 who buys or tries to buy, or possesses, intoxicating liquor, is visibly intoxicated, or has a blood alcohol content of 0.02% or more commits a class D misdemeanor (fine up to $500) for a first offense and a class A misdemeanor for a second. A person 17 to 20 who claims to be 21 to get liquor commits a misdemeanor, and using an altered or fake license or ID to get liquor carries a $500 fine for each offense; altering or misrepresenting a license is a misdemeanor with up to $1,000 and/or one year. The court must suspend or revoke the driving privileges of a person over 15 and under 21 found to have violated the minor-in-possession law, and of a person under 21 who commits an alcohol-related driving offense or uses an altered license.
Fake ID: https://revisor.mo.gov/main/OneSection.aspx?section=311.320, https://revisor.mo.gov/main/OneSection.aspx?section=311.328; license suspension: https://revisor.mo.gov/main/OneSection.aspx?section=302.400

More Missouri criminal law

FAQ

What happens if you are caught drinking under 21 in Missouri?
A person under 21 who buys or tries to buy, or possesses, intoxicating liquor, is visibly intoxicated, or has a blood alcohol content of 0.02% or more commits a class D misdemeanor (fine up to $500) for a first offense and a class A misdemeanor for a second. A person 17 to 20 who claims to be 21 to get liquor commits a misdemeanor, and using an altered or fake license or ID to get liquor carries a $500 fine for each offense; altering or misrepresenting a license is a misdemeanor with up to $1,000 and/or one year. The court must suspend or revoke the driving privileges of a person over 15 and under 21 found to have violated the minor-in-possession law, and of a person under 21 who commits an alcohol-related driving offense or uses an altered license.
Can I get a court-appointed lawyer for underage drinking and fake ids in Missouri?
Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086
How much does a lawyer for underage drinking and fake ids cost in Missouri?
Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for underage drinking and fake ids in Missouri?
How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.
Can a conviction for underage drinking and fake ids be removed from my record in Missouri?
Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.