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Public Intoxication

Mo. Rev. Stat. § 67.305 — no county or city may arrest or punish for it, and custody up to twelve hours

In Missouri, no county or municipality may adopt or enforce a law, rule or ordinance that authorizes or requires arrest or punishment for public intoxication, or for being a common or habitual drunkard or alcoholic, and none may interpret or apply any law or ordinance to get around that.

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What the rule leaves alone. It does not affect laws against driving under the influence or other offenses involving the operation of a vehicle, aircraft, boat, machinery, firearms or other equipment, or rules on the sale, purchase, possession or use of alcohol at stated times and places or by a particular class of persons. A person who commits any other crime while intoxicated may still be arrested and prosecuted.

Protective custody. A person who appears to be incapacitated or intoxicated may be taken by a peace officer to the person's residence, to an available treatment service, or to another appropriate local facility, which if necessary may include a jail, for custody not to exceed 12 hours.

The officer's protection. An officer who has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol, and does not use unreasonable excessive force, is immune from prosecution for false arrest and is not responsible in damages for taking the person into custody.

The assumptionWhat the law actually does
The assumptionBeing drunk in public is a crime anywhere in the stateWhat the law actually doesNo county or municipality may arrest or punish for public intoxication itself
The assumptionBeing drunk in public means nothing can happenWhat the law actually doesAn officer may take an apparently intoxicated person home, to treatment, or to a facility for up to 12 hours, and crimes committed while intoxicated are still prosecuted

Local open container ordinances, alcohol rules for minors and the rules of particular public property are not all on this page. What a particular situation carries is a question for a licensed Missouri attorney.

Sources for this section (3)
  1. Mo. Rev. Stat. § 67.305 — Counties or cities not to arrest or punish for public intoxication
  2. Mo. Rev. Stat. § 67.310 — Exceptions to freedom from arrest or punishment involving drunkenness or being under influence of alcohol
  3. Mo. Rev. Stat. § 67.315 — Intoxicated persons, how handled — officer granted immunity from legal action, when

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.

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