Unlawful Transportation of an Alcoholic Beverage
If you have been charged with unlawful transportation of an alcoholic beverage, contact an experienced Idaho Criminal Defense lawyer. Martens Law Office, P.C. in Boise, Idaho has successfully defended this charge for individuals and businesses that have found themselves charged with unlawful manufacture, traffic in, transportation and possession of an alcoholic beverage.
As is the case in most states, it is illegal in Idaho to have in your possession, to manufacture, transport, purchase, sell or dispose of any alcoholic beverage, including any distilled spirits, beer or wine, without the proper licenses and permits if the alcohol's purpose is for sale or resale. It is legal to manufacture wine or to brew beer from native grown products for your personal use or use by family, friends and guests.
Alcoholic liquor lawfully purchased may be transported, but no one can legally break open, or allow to be opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
Noone in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle and an infraction for other individuals within the vehicle.
Idaho Penalties for Unlawful Transportation of Alcohol
In Idaho a first offense unlawful transportation of an alcoholic beverage is considered a general misdemeanor. A general misdemeanor carries with it up to six (6) months in jail and up to a $1000.00 fine. For a second or subsequent offense conviction, the penalties increase to a minimum of a $300.00 and a maximum of a $1000.00 fine along with a minimum of three months in jail and a maximum of one year in jail. Obviously, the consequences for a second or third offense are less than pleasant.
There are quite a few ways someone could get charged with unlawful transportation of an alcoholic beverage. Here at Martens Law Office, P.C., we have seen people charged with this when they are charging five dollars ($5.00) for a red cup at a house party, or transporting a keg without the proper documentation which was issued by the distributor at the time of purchase. What may seem innocent can put one's life and freedom at serious risk.
If you or someone you know has been charged with unlawful transportation of an alcoholic beverage in Idaho, Contact Martens Law Office, P.C. in Boise, Idaho at (208) 344-0994.