Underage Drinking

Idaho

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private residence
  • AND parent/guardian

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

Internal possession is not explicitly prohibited.

Notes:
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.

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

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

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

Notes:
Although the verbatim text of historical regulations is only available from January 1, 2002 forward, the published historical information for Idaho Admin. Code § 11.05.01.021 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.

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21

Keg definition: gallons

Prohibited:

  • 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

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

No State-imposed liability for hosting underage drinking parties.