Idaho has enforces minor in possession (MIP) laws to discourage underage drinking and the possession of alcohol by anyone under the age of 21.
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:
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
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:
Idaho Code Section 23-943
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:
Idaho Code Section 18-8004A
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:
Idaho Code Section 23-1024, Idaho Code Section 18-1502
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:
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.
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