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State Profiles of Underage Drinking Laws

- Idaho -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private residence
  • AND parent/guardian

Idaho's exceptions relate specifically to the possession of beer or wine.

Underage Drinking: Internal Possession by Minors

Internal possession is not explicitly prohibited.

Although Idaho does not prohibit Internal Possession as defined by APIS, beginning on July 1, 2000, it has a statutory provision that makes it unlawful "[f]or any person under the age of twenty-one (21) years to purchase, attempt to purchase, possess, serve, dispense, or consume beer, wine or other alcoholic liquor" such that "[a] person shall also be deemed to “possess” alcohol that has been consumed by the person, without regard to the place of consumption." Idaho Code § 23-949. Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 19 for both servers and bartenders
Wine: 19 for both servers and bartenders
Spirits: 19 for both servers and bartenders

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID
  • It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • No statutory affirmative defense - statutes do not provide an affirmative defense related to retailer's belief that the minor was 21 years of age or older

Although the verbatim text of historical regulations is only available from January 1, 2002 forward, the published historical information for Idaho Admin. Code § indicates that this regulation has been in force, unchanged, since March 31, 1995.

As of March 8, 2007, retailers are only required to deliver documents to law enforcement that have been lost or voluntarily surrendered; however, when presented with identification documents that appear to be mutilated, altered, or fraudulent, they must contact law enforcement and refuse service.

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: gallons


  • possessing an unregistered, unlabeled keg - max. fine/jail: $1000 / 6 months

Purchaser information collected:

  • purchaser's name and address
  • Warning information to purchaser: Not Required

    Deposit: not required

    Provisions do not specifically address disposable kegs

    Underage Drinking: Use/Lose: Driving Privileges

    Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage purchase
    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 21

    Authority to impose driver's license sanction

    • mandatory

    Length of suspension/revocation:

    • Minimum: Not Specified
    • Maximum: 365 days

    National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy