Idaho Minor in Possession of Alcohol Charges and Penalties

Idaho has enforces minor in possession (MIP) laws to discourage underage drinking and the possession of alcohol by anyone under the age of 21.

Drinking and Possessing Alcohol

It is illegal in Idaho for anyone under the age of 21 to possess, purchase, attempt to purchase, or serve alcoholic beverages. However, people who are 19 years or older may serve or dispense liquor during his or her employment in any place that is licensed to sell alcohol, including restaurants and retail locations. Violating this law will result in being charged with a misdemeanor offense and the penalties include the following:

• First Conviction—You will be fined not more than $1,000.
• Second Conviction—You will be fined not more than $2,000 and/or sentenced up to 30 days in jail.
• Third Conviction—You will be fined not more than $3,000 and/or sentenced up to 60 days in jail.

If you were under the age of 21 at the time of conviction, your driver’s license will be suspended for not more than one year. If your driving privileges were previously suspended for violating this law, the court will suspend your license for not more than two years. You can request restricted driving privileges but this will be at the discretion of the court. In addition, the court may also order you to complete an alcohol evaluation or attend an alcohol treatment program.

Idaho Code Section 23-949, Idaho Code Section 23-605, Idaho Code Section 18-1502, Idaho Code Section 18-8005

Minors Entering or Remaining in Licensed Establishments

It is against the law for anyone under the age of 21 to enter or remain in a place that is licensed to sell alcohol for consumption on the premises. However, it is not illegal if any of the following apply:

• You are 18 years or older and employed as a musician or singer at the licensed establishment.
• You are 19 years or older and employed to dispense, sell, or serve alcohol in a licensed establishment.

Idaho Code Section 23-943

Idaho Zero Tolerance For Minors

Anyone who is under the age of 21 and found with a blood alcohol concentration (BAC) of .02 % or higher will be charged with driving under the influence (DUI). The penalties include the following:

First Offense

• You will be ordered to pay a fine of not more than $1,000.
• Your driver’s license will be suspended for 90 days to 1 year. After the 90-day mandatory suspension period is over, you can request restricted driving privileges if the court deems that they are appropriate.
• You will be required to complete an alcohol evaluation.

Second Offense

• You will be ordered to pay a fine of not less than $500 and not more than $2,000.
• Sentenced to jail for a minimum of 5 days to a maximum of 30 days.
• Your driver’s license will be suspended for not more than two years. After the one-year mandatory suspension period is over, you will only be allowed to operate a motor vehicle that is equipped with an ignition interlock device.
• You will be required to complete an alcohol evaluation.

Third Offense Within Five Years

• You will be ordered to pay a fine ranging of not less than $1,000 and not more than $2,000.
• Sentenced to jail for a minimum of 10 days and a maximum of 6 months.
• Your driver’s license will be suspended for at least one year or until you reach age 21, whichever period is longer. After the one-year mandatory suspension period is over, you will only be allowed to operate a motor vehicle that is equipped with an ignition interlock device.
• You will be required to complete an alcohol evaluation and comply with any other requirements the court imposes.

Idaho Code Section 18-8004A

Minors Using Fake ID to Obtain Alcohol

It is against the law for anyone under age 21 to use a fake id to enter a licensed establishment or persuade a retailer to sell them alcohol. Violating this law will result in being charged with a misdemeanor offense and the penalties include:

• First Conviction—You will be fined not more than $1,000.
• Second Conviction—You will be fined not more than $2,000 and/or sentenced up to 30 days in jail.
• Third Conviction—You will be fined not more than $3,000 and/or sentenced up to 60 days in jail.

Idaho Code Section 23-1024, Idaho Code Section 18-1502

Furnishing Alcohol to Minors

It is illegal for anyone over the age of 18 to sell or furnish alcohol to a person under the age of 21. The penalties for violating this law will result in being charged with a misdemeanor offense and the penalties include:

• First Conviction—You will be fined not less than $500 and not more than $1,000 per violation and/or sentenced for up to a year in county jail.
• Second Conviction—You will be fined not less than $1,000 and not more than $2,000 per violation and/or sentenced for up to a year in county jail.

Any retail store, distributor, or licensed establishment may have their liquor license suspended for up to six months.

Idaho Code Section 23-603

To learn more about the MIP laws, read Title 23 (Alcoholic Beverages) of the Idaho Code. If you are facing MIP charges in Idaho, contact a criminal defense lawyer for legal assistance.