Purchase or possession by minor, a misdemeanor--container need not beopened and contents verified, when--consent to chemical testingdeemed given, when--burden of proof on violator to prove notintoxicating liquor--section not applicable to certain students,requirements.
311.325. 1. Any person under the age of twenty-one years, whopurchases or attempts to purchase, or has in his or her possession, anyintoxicating liquor as defined in section 311.020 or who is visibly in anintoxicated condition as defined in section 577.001, RSMo, or has adetectable blood alcohol content of more than two-hundredths of one percentor more by weight of alcohol in such person's blood is guilty of amisdemeanor. For purposes of prosecution under this section or any otherprovision of this chapter involving an alleged illegal sale or transfer ofintoxicating liquor to a person under twenty-one years of age, amanufacturer-sealed container describing that there is intoxicating liquortherein need not be opened or the contents therein tested to verify thatthere is intoxicating liquor in such container. The alleged violator mayallege that there was not intoxicating liquor in such container, but theburden of proof of such allegation is on such person, as it shall bepresumed that such a sealed container describing that there is intoxicatingliquor therein contains intoxicating liquor.
2. For purposes of determining violations of any provision of thischapter, or of any rule or regulation of the supervisor of alcohol andtobacco control, a manufacturer-sealed container describing that there isintoxicating liquor therein need not be opened or the contents thereintested to verify that there is intoxicating liquor in such container. Thealleged violator may allege that there was not intoxicating liquor in suchcontainer, but the burden of proof of such allegation is on such person, asit shall be presumed that such a sealed container describing that there isintoxicating liquor therein contains intoxicating liquor.
3. Any person under the age of twenty-one years who purchases orattempts to purchase, or has in his or her possession, any intoxicatingliquor, or who is visibly in an intoxicated condition as defined in section577.001, RSMo, shall be deemed to have given consent to a chemical test ortests of the person's breath, blood, saliva, or urine for the purpose ofdetermining the alcohol or drug content of the person's blood. Theimplied consent to submit to the chemical tests listed in this subsectionshall be limited to not more than two such tests arising from the samearrest, incident, or charge. Chemical analysis of the person's breath,blood, saliva, or urine shall be performed according to methods approved bythe state department of health and senior services by licensed medicalpersonnel or by a person possessing a valid permit issued by the statedepartment of health and senior services for this purpose. The statedepartment of health and senior services shall approve satisfactorytechniques, devices, equipment, or methods to be considered valid and shallestablish standards to ascertain the qualifications and competence ofindividuals to conduct analyses and to issue permits which shall be subjectto termination or revocation by the state department of health and seniorservices. The person tested may have a physician, or a qualifiedtechnician, chemist, registered nurse, or other qualified person at thechoosing and expense of the person to be tested, administer a test inaddition to any administered at the direction of a law enforcement officer.The failure or inability to obtain an additional test by a person shall notpreclude the admission of evidence relating to the test taken at thedirection of a law enforcement officer. Upon the request of the person whois tested, full information concerning the test shall be made available tosuch 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 urineanalyzed;
(3) The numerical results of the test indicating the alcohol contentof the blood and breath and urine;
(4) The type and status of any permit which was held by the personwho performed the test;
(5) If the test was administered by means of a breath-testinginstrument, the date of performance of the most recent required maintenanceof such instrument.
Full information does not include manuals, schematics, or software of theinstrument used to test the person or any other material that is not in theactual possession of the state. Additionally, full information does notinclude information in the possession of the manufacturer of the testinstrument.
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 astudent 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 therequired curriculum; and
(4) Tastes a beverage under subdivision (3) of this subsection onlyfor instructional purposes during classes that are part of the curriculumof the accredited college or university.
The beverage must at all times remain in the possession and control of anauthorized instructor of the college or university, who must be twenty-oneyears of age or older. Nothing in this subsection may be construed toallow a student under the age of twenty-one to receive any beer, ale,porter, wine, or other similar malt or fermented beverage unless thebeverage is delivered as part of the student's required curriculum and thebeverage is used only for instructional purposes during classes conductedas part of the curriculum.
Purchase or possession by minor, a misdemeanor--container need not beopened and contents verified, when--consent to chemical testingdeemed given, when--burden of proof on violator to prove notintoxicating liquor--section not applicable to certain students,requirements.
311.325. 1. Any person under the age of twenty-one years, whopurchases or attempts to purchase, or has in his or her possession, anyintoxicating liquor as defined in section 311.020 or who is visibly in anintoxicated condition as defined in section 577.001, RSMo, or has adetectable blood alcohol content of more than two-hundredths of one percentor more by weight of alcohol in such person's blood is guilty of amisdemeanor. For purposes of prosecution under this section or any otherprovision of this chapter involving an alleged illegal sale or transfer ofintoxicating liquor to a person under twenty-one years of age, amanufacturer-sealed container describing that there is intoxicating liquortherein need not be opened or the contents therein tested to verify thatthere is intoxicating liquor in such container. The alleged violator mayallege that there was not intoxicating liquor in such container, but theburden of proof of such allegation is on such person, as it shall bepresumed that such a sealed container describing that there is intoxicatingliquor therein contains intoxicating liquor.
2. For purposes of determining violations of any provision of thischapter, or of any rule or regulation of the supervisor of alcohol andtobacco control, a manufacturer-sealed container describing that there isintoxicating liquor therein need not be opened or the contents thereintested to verify that there is intoxicating liquor in such container. Thealleged violator may allege that there was not intoxicating liquor in suchcontainer, but the burden of proof of such allegation is on such person, asit shall be presumed that such a sealed container describing that there isintoxicating liquor therein contains intoxicating liquor.
3. Any person under the age of twenty-one years who purchases orattempts to purchase, or has in his or her possession, any intoxicatingliquor, or who is visibly in an intoxicated condition as defined in section577.001, RSMo, shall be deemed to have given consent to a chemical test ortests of the person's breath, blood, saliva, or urine for the purpose ofdetermining the alcohol or drug content of the person's blood. Theimplied consent to submit to the chemical tests listed in this subsectionshall be limited to not more than two such tests arising from the samearrest, incident, or charge. Chemical analysis of the person's breath,blood, saliva, or urine shall be performed according to methods approved bythe state department of health and senior services by licensed medicalpersonnel or by a person possessing a valid permit issued by the statedepartment of health and senior services for this purpose. The statedepartment of health and senior services shall approve satisfactorytechniques, devices, equipment, or methods to be considered valid and shallestablish standards to ascertain the qualifications and competence ofindividuals to conduct analyses and to issue permits which shall be subjectto termination or revocation by the state department of health and seniorservices. The person tested may have a physician, or a qualifiedtechnician, chemist, registered nurse, or other qualified person at thechoosing and expense of the person to be tested, administer a test inaddition to any administered at the direction of a law enforcement officer.The failure or inability to obtain an additional test by a person shall notpreclude the admission of evidence relating to the test taken at thedirection of a law enforcement officer. Upon the request of the person whois tested, full information concerning the test shall be made available tosuch 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 urineanalyzed;
(3) The numerical results of the test indicating the alcohol contentof the blood and breath and urine;
(4) The type and status of any permit which was held by the personwho performed the test;
(5) If the test was administered by means of a breath-testinginstrument, the date of performance of the most recent required maintenanceof such instrument.
Full information does not include manuals, schematics, or software of theinstrument used to test the person or any other material that is not in theactual possession of the state. Additionally, full information does notinclude information in the possession of the manufacturer of the testinstrument.
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 astudent 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 therequired curriculum; and
(4) Tastes a beverage under subdivision (3) of this subsection onlyfor instructional purposes during classes that are part of the curriculumof the accredited college or university.
The beverage must at all times remain in the possession and control of anauthorized instructor of the college or university, who must be twenty-oneyears of age or older. Nothing in this subsection may be construed toallow a student under the age of twenty-one to receive any beer, ale,porter, wine, or other similar malt or fermented beverage unless thebeverage is delivered as part of the student's required curriculum and thebeverage is used only for instructional purposes during classes conductedas part of the curriculum.
Purchase or possession by minor, a misdemeanor--container need not beopened and contents verified, when--consent to chemical testingdeemed given, when--burden of proof on violator to prove notintoxicating liquor--section not applicable to certain students,requirements.
311.325. 1. Any person under the age of twenty-one years, whopurchases or attempts to purchase, or has in his or her possession, anyintoxicating liquor as defined in section 311.020 or who is visibly in anintoxicated condition as defined in section 577.001, RSMo, or has adetectable blood alcohol content of more than two-hundredths of one percentor more by weight of alcohol in such person's blood is guilty of amisdemeanor. For purposes of prosecution under this section or any otherprovision of this chapter involving an alleged illegal sale or transfer ofintoxicating liquor to a person under twenty-one years of age, amanufacturer-sealed container describing that there is intoxicating liquortherein need not be opened or the contents therein tested to verify thatthere is intoxicating liquor in such container. The alleged violator mayallege that there was not intoxicating liquor in such container, but theburden of proof of such allegation is on such person, as it shall bepresumed that such a sealed container describing that there is intoxicatingliquor therein contains intoxicating liquor.
2. For purposes of determining violations of any provision of thischapter, or of any rule or regulation of the supervisor of alcohol andtobacco control, a manufacturer-sealed container describing that there isintoxicating liquor therein need not be opened or the contents thereintested to verify that there is intoxicating liquor in such container. Thealleged violator may allege that there was not intoxicating liquor in suchcontainer, but the burden of proof of such allegation is on such person, asit shall be presumed that such a sealed container describing that there isintoxicating liquor therein contains intoxicating liquor.
3. Any person under the age of twenty-one years who purchases orattempts to purchase, or has in his or her possession, any intoxicatingliquor, or who is visibly in an intoxicated condition as defined in section577.001, RSMo, shall be deemed to have given consent to a chemical test ortests of the person's breath, blood, saliva, or urine for the purpose ofdetermining the alcohol or drug content of the person's blood. Theimplied consent to submit to the chemical tests listed in this subsectionshall be limited to not more than two such tests arising from the samearrest, incident, or charge. Chemical analysis of the person's breath,blood, saliva, or urine shall be performed according to methods approved bythe state department of health and senior services by licensed medicalpersonnel or by a person possessing a valid permit issued by the statedepartment of health and senior services for this purpose. The statedepartment of health and senior services shall approve satisfactorytechniques, devices, equipment, or methods to be considered valid and shallestablish standards to ascertain the qualifications and competence ofindividuals to conduct analyses and to issue permits which shall be subjectto termination or revocation by the state department of health and seniorservices. The person tested may have a physician, or a qualifiedtechnician, chemist, registered nurse, or other qualified person at thechoosing and expense of the person to be tested, administer a test inaddition to any administered at the direction of a law enforcement officer.The failure or inability to obtain an additional test by a person shall notpreclude the admission of evidence relating to the test taken at thedirection of a law enforcement officer. Upon the request of the person whois tested, full information concerning the test shall be made available tosuch 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 urineanalyzed;
(3) The numerical results of the test indicating the alcohol contentof the blood and breath and urine;
(4) The type and status of any permit which was held by the personwho performed the test;
(5) If the test was administered by means of a breath-testinginstrument, the date of performance of the most recent required maintenanceof such instrument.
Full information does not include manuals, schematics, or software of theinstrument used to test the person or any other material that is not in theactual possession of the state. Additionally, full information does notinclude information in the possession of the manufacturer of the testinstrument.
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 astudent 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 therequired curriculum; and
(4) Tastes a beverage under subdivision (3) of this subsection onlyfor instructional purposes during classes that are part of the curriculumof the accredited college or university.
The beverage must at all times remain in the possession and control of anauthorized instructor of the college or university, who must be twenty-oneyears of age or older. Nothing in this subsection may be construed toallow a student under the age of twenty-one to receive any beer, ale,porter, wine, or other similar malt or fermented beverage unless thebeverage is delivered as part of the student's required curriculum and thebeverage is used only for instructional purposes during classes conductedas part of the curriculum.
