Workers' Comp Personal Injury Criminal Defense DWI Drug charges Assault Domestic violence Traffic offenses Expungement White collar About Contact
Resources
Case results Testimonials FAQs
(573) 499-0200 Free consult
Student Defense · Columbia, Missouri

Criminal Charges from Tailgating
Columbia, Missouri

Tailgating at Mizzou football games is one of Columbia's great traditions — but the parking lots around Memorial Stadium are also one of the most heavily policed areas in Boone County on game day. Minor in possession, fake ID, open container, DWI, and disorderly conduct charges are common. If you were charged with a crime at a tailgate, a criminal defense attorney can help you understand your options and protect your record. Bur Oak Legal represents students and fans charged with offenses related to tailgating in Columbia and across central Missouri.

(573) 499-0200 — free consultation
Get a free case evaluation
Confidential. No obligation to retain.

Confidential · No obligation · Responds within 1 business day

One attorney — no handoffs
Missouri Supreme Court track record
Licensed in Missouri since 2012
(573) 499-0200
What People Get Charged With

Common Criminal Charges That Arise at Mizzou Tailgates

Game day in Columbia draws tens of thousands of fans, and law enforcement maintains a visible presence around Memorial Stadium and Faurot Field. The charges that arise most frequently at tailgating events involve alcohol, identification, and conduct — and many of them carry real criminal consequences under Missouri Revised Statutes.

Class B Misdemeanor
Minor in Possession of Alcohol (MIP)
MIP is one of the most common tailgating charges. Missouri law prohibits anyone under 21 from possessing or consuming alcohol. A first-offense MIP is a Class B misdemeanor carrying up to 6 months in jail and fines. It creates a permanent criminal record unless expunged. MIP can also trigger a university disciplinary review for students at MU.
Class A Misdemeanor
Fake ID
Using a false identification document to obtain alcohol or gain access to a tailgate or bar is a criminal offense in Missouri. Fake ID charges can be filed as Class A misdemeanors and carry potential jail time. The charge will be reported to MU and can result in separate disciplinary action. A first-time offender may have options to avoid a conviction.
Misdemeanor or Felony
DWI / DUI
Driving while intoxicated from a tailgate is among the most serious charges that arise from game-day events. Missouri has a legal BAC limit of 0.08% for drivers 21 and over (0.02% for those under 21). A first DWI is a Class B misdemeanor in most cases, but aggravating factors can elevate it. License suspension, fines, and mandatory alcohol education are typical consequences.
Infraction / Misdemeanor
Open Container
Missouri's open container law generally prohibits open containers of alcohol in vehicles and in certain public areas. Depending on the specific location and circumstances, an open container violation can be a minor infraction or a misdemeanor. Violations occurring on university property may trigger additional consequences.
Misdemeanor
Disorderly Conduct
Disorderly conduct charges arise from fights, public disturbances, or conduct that unreasonably alarms or disturbs others. At a tailgate, these charges can result from arguments, scuffles, or loud and threatening behavior. Missouri disorderly conduct can range from a Class C misdemeanor to a Class E felony depending on the circumstances.
Misdemeanor or Felony
Drug Possession
Marijuana and other controlled substance possession charges occur at tailgates. Despite Missouri's medical marijuana program, recreational use remains regulated, and possession in certain contexts remains a criminal offense. Drug charges can have significant consequences for students beyond the criminal case, including effects on financial aid and university standing.
Double Exposure

Criminal Court and MU Disciplinary Proceedings

For students at the University of Missouri, a tailgating arrest creates exposure on two fronts. The criminal case is handled in Boone County court under Missouri law. The university disciplinary case is handled internally by MU's student conduct office. These proceedings are independent — a favorable outcome in one does not automatically resolve the other.

The university's student conduct code requires students to report certain criminal charges and convictions. Even if charges are eventually reduced or dismissed in criminal court, the disciplinary proceeding may continue based on the underlying facts. Students should understand this dynamic before making any statements — to police or to university administrators.

What you say at a student conduct hearing can be used in your criminal case. The rules of evidence that protect you in criminal court do not apply in university disciplinary proceedings. If you make admissions in a disciplinary hearing before your criminal case resolves, prosecutors can potentially use those statements against you. Always consult with a criminal defense attorney before any hearing — criminal or disciplinary.

If You Were Charged

What to Do After a Tailgating Arrest or Citation

1
Don't Discuss It on Social Media
Photos, posts, and messages from game day can become evidence. Law enforcement and prosecutors routinely review social media accounts of defendants. Do not post about the incident, the charges, or your plans for handling the case. Ask friends not to tag you in any posts related to the event.
2
Write Down What Happened
Memory fades quickly. Write down every detail you remember: what the officers said and did, the sequence of events, who was present, and exactly what was communicated to you. These notes can be invaluable for your attorney in evaluating the strength of the case and identifying potential defenses.
3
Keep All Paperwork
Save every document you received — citations, summonses, notices from the university, and court paperwork. Make copies of everything. Note the date of your first court appearance, which should be on your citation or arrest paperwork. Missing a court date can result in additional charges.
4
Contact a Criminal Defense Attorney
Many tailgating charges — especially first-time MIP, open container, and minor disorderly conduct — are manageable with the right legal approach. First-time offenders often qualify for diversion programs or reduced outcomes that avoid a conviction. The earlier you get legal advice, the more options you have. Call (573) 499-0200 for a free consultation.
Why Bur Oak Legal

An Attorney Who Knows the Columbia Courts

Tailgating charges are handled in Boone County courts — the same courts where Bur Oak Legal regularly represents clients. Before private practice, Chris Miller worked as a government attorney — in an environment where cases live and die on procedure and evidence. That background means he understands how institutions build and process cases, and where there are opportunities to negotiate or challenge the outcome.

He has appeared before the Missouri Supreme Court and won a case that expanded the rights of Missourians statewide. For students, he understands both the criminal case and the university disciplinary process — and how to navigate both without creating problems in either. Missouri Supreme Court track record. Free consultation. Call (573) 499-0200.

Common Questions

Frequently Asked Questions — Tailgating Charges in Columbia

Yes, you can still face criminal exposure at a tailgate even if you are 21. Missouri law prohibits open containers of alcohol in public areas, including parking lots and public spaces near stadiums, in many circumstances. You can also face charges for providing alcohol to minors (furnishing) even if you are of legal drinking age yourself. And if you drive after drinking, DWI charges apply regardless of age. Knowing the specific rules for the venue and location is important.
Using a fake ID in Missouri to obtain alcohol or enter a licensed establishment is a criminal offense. It can be charged as a Class A misdemeanor, carrying potential jail time and fines. Beyond the criminal charge, most universities — including MU — treat fake ID use as a student conduct violation that can result in disciplinary action. The criminal charge will also appear on background checks unless it is expunged.
Minor in possession of alcohol (MIP) in Missouri is a Class B misdemeanor for a first offense, carrying potential fines and up to 6 months in jail. A second offense can be elevated to a Class A misdemeanor. Beyond the criminal penalties, an MIP conviction creates a permanent record that shows up in background checks. Many students who receive MIP charges at tailgates have no prior record and may qualify for diversion or deferred prosecution to avoid a conviction.
Possibly. The University of Missouri's student conduct code requires students to report certain criminal charges and convictions, and university administrators may independently learn of arrests that occur on or near campus. A criminal charge — especially for alcohol, drugs, or disorderly conduct — can trigger a separate university disciplinary review, even if the criminal case is later resolved favorably. Students should assume that a tailgating arrest may reach the university's student conduct office.
Do not resist arrest or argue with officers at the scene. Do not make statements beyond providing your identification — anything you say will be recorded and can be used in court. After the arrest, do not discuss the incident on social media. Write down everything you remember about what happened, including what the officers said and did. Contact a criminal defense attorney before your first court appearance. Many tailgating charges are manageable for first-time offenders, but early legal intervention gives you the most options.
Many misdemeanor charges that arise from tailgating — including minor in possession, open container, and disorderly conduct — may be eligible for expungement under Missouri's § 610.140 RSMo after the required waiting period. First-time offenders may also qualify for diversion programs that result in dismissal rather than a conviction, which avoids the need for expungement entirely. An attorney can evaluate your specific case and help you understand the best path forward.
Disorderly conduct in Missouri can range from a Class C misdemeanor to a Class E felony depending on the circumstances. Most tailgating-related disorderly conduct charges are lower-level misdemeanors, but even a misdemeanor conviction creates a permanent record. The charge can be aggravated if it involves threats, fighting, or conduct that significantly disrupted a public gathering. An attorney can evaluate the specific facts and help determine whether a defense or a negotiated reduction is the better strategy.

Tailgating Criminal Charges in Columbia Missouri — More Than a Traffic Stop

Many people assume that tailgating criminal charges in Columbia, Missouri are minor nuisances — the kind of thing that gets resolved with a fine and a lecture. That assumption can be costly. When an incident at a University of Missouri tailgate turns into a criminal matter, the stakes escalate quickly. What begins as friends gathering before a game can involve allegations of assault, disorderly conduct, possession of alcohol by a minor, or even aggravated speeding on surrounding roadways. Each of those charges carries its own penalties under Missouri criminal law, and a conviction can follow a person long after the final whistle.

When Another Driver or Other Parties Are Involved

Not every tailgating-related charge happens in a parking lot. Aggressive driving near stadium areas — following too closely, swerving near a truck or pedestrian, road rage directed at another driver — can result in criminal traffic charges beyond a standard traffic ticket. A beating that starts as a verbal dispute near a vehicle, speeding through a crowd, or a crime committed during the chaos of a game-day event all fall within the same category: situations where an arrest can ruin far more than just the weekend. If you have been cited or charged following a game-day incident, the time to contact an attorney is before your first court appearance, not after.

Charged at a tailgate?
Talk to Chris first.

A tailgating charge doesn't have to define your record. Many first-time offenders have real options. Call Bur Oak Legal for a free, confidential consultation — no obligation, and no cost to discuss your situation.

Get your free consultation