In Idaho it is a misdemeanor crime to consume or possess alcoholic beverages of any kind if you are under the age of twenty-one (21). If you have been charged with a misdemeanor in Idaho for Minor Consumption of Alcohol, Minor in Possession of Alcohol or Illegal Consumption and Possession of Alcohol you should seek the advice and counsel of a Boise, Idaho Criminal Defense Attorney. At Martens Law Office, P.C. we represent individuals charged with Minor Consumption, Minor in Possession of Alcohol, Driving Under the Influence of Alcohol, Underage DUI, Public Intoxication, Open Container and other Drug and Alcohol related crimes.
Idaho Penalties for Minor in Consumption and Possession of Alcohol
Anyone convicted of minor in possession or consumption of alcohol in Idaho will find themselves facing some unpleasant consequences. For a first time offense, you may be fined up to one thousand dollars. For a second time offense the Idaho Court could sentence you with a two thousand dollar fine and put you in jail for thirty days. For a third time offense the Judge could sentence you to sixty days in jail and up to a three thousand dollar fine.
It makes very little sense that your driver’s license would be suspended if you are caught drinking underage when no motor vehicle is involved, but in Idaho, the Judge must suspend your driver’s license. Interestingly, the statute does not mandate a minimum period, it just says that the Court must suspend your driver’s license for up to one year on a first offense. That means that with proper legal counsel, the Judge could be convinced to suspend your driving privileges for one day and the Judge would have fulfilled the requirements of Idaho law. If you are charged with a second offense, the judge can suspend your driver’s license for a period of up to two years. Again, there is nothing that prevents the Court from suspending your license for one day.
Finally, the Judge could order that you obtain an alcohol evaluation prior to sentencing. Idaho law has left requiring an alcohol evaluation and alcohol treatment to the discretion of the court. In all likelihood, the judge will order a minimum of eight (8) hours of alcohol treatment prior to sentencing. Generally, for first time offenders Idaho judges do not order an alcohol evaluation in cases of minor consumption or possession of alcohol.
If you have been charged with Minor Consumption or Possession of Alcohol by a Minor, Open Container, Driving Under the Influence of Alcohol or any other Criminal Offense contact Martens Law Office, P.C. and speak with Jared B. Martens about your rights and options at (208) 344-0994 or (800) 915-6448.