Minor in Possession Lawyer in Columbia, MO

While it is not a crime to be drunk in a public place, the police do retain discretion in deciding if a person is exhibiting disorderly conduct. In Missouri, you may be charged with public intoxication if you are found disturbing the peace or drinking in a schoolhouse, church, or courthouse. If you have been charged with disorderly conduct or drinking in a prohibited place, our Columbia minor in possession attorney would like to hear from you.

Disorderly Conduct or Disturbing the Peace

A person is guilty of disturbing the peace (also known as “disorderly conduct”) if they have committed any of the following:

• Knowingly and unreasonably alarming or upsetting another person by making loud noises or using profane or offensive language in an attempt to get a violent response out of another person
• Threatening to commit a felony act which causes a reasonable person fear for their safety
• Fighting
• Creating an unpleasant or foul odor

A person in a public place or on private property without the consent of another has disturbed the peace if they have purposely inconvenienced another person by unreasonably and physically obstructing:

• Vehicular or pedestrian traffic
• The coming or going to or from a public or private place

Under state law, a first offense is a Class B misdemeanor, punishable by a maximum of six months in prison and a $1,000 fine. A second offense is charged as a Class A misdemeanor, with a conviction subject to up to one year in prison and a $2,000 fine. Finally, a third or subsequent offense will be subject to a fine ranging from $1,000 to $5,000. Although there is a gray area when it comes to what constitutes disturbing the peace, you need a competent public criminal defense attorney to defend your interests.

Having a Fake ID in Columbia, MO

In Columbia, MO, being caught with a fake ID or underage possession of alcohol is taken very seriously and can result in lasting consequences. A conviction may lead to fines, community service, mandatory alcohol education programs, suspension of your driver’s license, and even a criminal record that can affect future opportunities such as jobs, scholarships, or professional licenses. Missouri law treats fake ID charges as more than “just a mistake,” and without the right legal guidance, young people risk penalties that follow them for years. An experienced attorney can help protect your rights and work toward minimizing the impact of these charges.

Drunkenness or Drinking in a Prohibited Place

The State of Missouri does not have a specific law against public intoxication, but certain behavior can result in criminal charges. Although being visibly intoxicated in public is not illegal in Missouri, it is against the law to drink in a prohibited place such as a school, church, or courthouse where people are gathered.

To be charged with drunkenness or drinking in a prohibited place, you must be disturbing the peace, display drunken behavior (such as slurring your words, stumbling, or yelling profanities), or be openly drinking in front of others. Under Missouri Revised Statutes §574.05, such conduct will be charged as a Class B misdemeanor, subject to six months of incarceration and a maximum fine of $1,000.

Columbia, MO Ordinance

Various municipalities in the Show Me State have specific laws outlawing public intoxication. Whereas the Code of Ordinances for Columbia, MO, does not have a specific law prohibiting public intoxication, §16-183 contains similar language to the state law outlawing drinking in a prohibited place (the Columbia ordinance referred to as “disorderly intoxication.”)

Reach Out to Our Columbia, MO, Minor in Possession Lawyer

Missouri has complex regulations when it comes to disturbing the peace and public intoxication. There is a fine line between drinking in public and disturbing the peace, with the police attempting to charge individuals with the offense when the situation may not warrant it. Given the complexities of local ordinances versus state law, it can be difficult to understand the intricacies of the offense and what potential consequences you may face if convicted.

At Landon Miller Law, our Columbia, MO, public intoxication attorney has training as both a prosecutor and a defense lawyer. His experience allows him a unique perspective, allowing him to stay one step ahead of the government’s case. To learn more about our services, contact us online or by phone at (573) 658-1919.

Frequently Asked Questions:

What exactly is a Minor in Possession (MIP) charge in Missouri?

In Missouri, a Minor in Possession (MIP) charge applies to anyone under the age of 21 who purchases, attempts to purchase, or possesses any intoxicating liquor. Missouri’s MIP law has been expanded to include “possession by consumption,” which means a minor can be charged with MIP even if they are not in actual possession of any alcohol at the time of arrest ,having a detectable blood alcohol content of .02 percent or appearing visibly intoxicated is enough for a charge. 

 In a college town like Columbia where MU, Stephens College, and Columbia College are all located, MIP charges happen frequently ,and the consequences are far more serious than most students or parents expect.

Can I get an MIP just for looking intoxicated, even if I don’t have alcohol in my hand?

Yes ,and this catches a lot of people off guard. Police officers can charge you with MIP if you are under age 21 and appear to be visibly intoxicated ,you can be charged with or without a breathalyzer test. 

What if the alcohol container was sealed and I wasn’t drinking?

Missouri’s law is strict here and is written specifically to close this loophole. When an unopened container has a manufacturer’s seal and labeling indicating that it holds an alcoholic substance, it is presumed to contain alcohol. If the minor alleges that there is no alcohol in the container despite the labeling, it is their burden to prove that claim.  This means if you’re carrying a sealed six-pack of beer and are stopped, the burden of proof is on you ,not the officer.