Idaho’s Laws on Public Intoxication: Stay out of Trouble This Holiday Season

We love our winter holidays in North Idaho, and it’s no wonder, given the idyllic setting with snow-covered mountains and Christmas lights festooning our downtown shops. This time of year also brings plenty of holiday celebrations, including office parties, family gatherings, and nights out with friends. However, many of those celebrations are accompanied by alcohol, which means this time of year also brings an increase in alcohol-related arrests, and that’s not just DUIs. Many people are surprised to learn that you don’t have to be behind the wheel to get into legal trouble after a night of drinking.

While Idaho doesn’t have a specific “public intoxication” crime, you can still face criminal charges or citations if drinking leads to disorderly or unsafe behavior. At North Idaho Law Group in Post Falls, we handle a broad range of criminal defense cases, and we see our fair share of criminal charges arise from holiday drinking. Understanding Idaho’s laws can help you stay clear of trouble (and avoid a night in jail) this holiday season.

Idaho Doesn’t Outlaw Being Drunk

As noted above, unlike some states, Idaho does not have a “public intoxication” law, which means that being drunk in public is not, by itself, a crime. You can legally walk (or stumble) down Sherman Avenue in Coeur d’Alene after a few drinks at a bar as long as you’re not causing problems. However, intoxication becomes a legal issue when it crosses into disorderly conduct, disturbing the peace, or endangering others. That’s where many people celebrating during the holidays run into trouble.

When Public Intoxication Leads to Criminal Charges

Alcohol-related behavior can result in several other charges that carry serious penalties. While this conduct can lead to charges even if you are sober, the fact is that many people lose their inhibitions and have impaired judgment when intoxicated, and are more likely to engage in conduct that crosses the line—conduct that they would likely avoid if they were not drunk. The most common charges include:

1. Disturbing the Peace (Idaho Code § 18-6409)

This charge can apply in multiple ways, but pertains to any behavior that “disturbs the peace or quiet of any neighborhood, family, or person.”

• Causing a disturbance or loud quarrel
• Engaging in a fight, or acting in a threatening way
• Firing a firearm
• Using loud or offensive language, especially in front of children

This encompasses loud arguments outside a bar, public altercations, or damaging property while intoxicated.

This crime is a misdemeanor, and, if convicted, the charge could lead to penalties: up to 6 months in jail and a fine of up to $1,000.

2. Disorderly Conduct

In addition to Idaho’s disturbing the peace statute, most Idaho localities have “disorderly conduct” ordinances. For example, the Coeur d’Alene municipal code Chapter 9.22 makes it unlawful to “knowingly engage in disorderly conduct within the city limits.” This ordinance includes conduct that is prohibited by Idaho’s “Disturbing the Peace,” statute, but may be construed more broadly to include “violent, noisy, or riotous behavior that would be frightening or offensive to a reasonable person who might be expected to be in the vicinity.”

This crime is also a misdemeanor, which means penalties can include up to 6 months in jail and fines up to $1,000.

3. Resisting or Obstructing an Officer (Idaho Code § 18-705)

If police respond to a disturbance and you refuse to cooperate, even mildly resisting can lead to additional charges. Unfortunately, this type of behavior is especially common when alcohol is involved. People who are intoxicated often assume that, just because they haven’t hurt anybody, stolen property, or broken anything, they haven’t broken the law. This is a false assumption. As noted above, being loud and obnoxious can constitute “disturbing the peace” if it causes fear or apprehension or offends people, particularly if you are being loud in a quiet residential area.

While you can escalate charges if you behave violently toward a law enforcement officer, most resisting or obstruction charges will also constitute a misdemeanor, with penalties of up to one year in jail and a fine of up to $1,000.

4. Open Container Violations

While being drunk in public isn’t illegal, carrying or drinking from an open container of alcohol in certain public places (such as city streets, sidewalks, or parks) is prohibited in many Idaho cities. For example, Coeur d’Alene City Code 5.08.160A makes it unlawful to possess open containers of alcohol in public places; however, Post Falls does not have a similar ordinance. It is always illegal to have an open container within a vehicle when operating it (Idaho Code § 23-505).

Typically, depending on the particular municipality and law, violation of open container ordinances is treated as an infraction (like a traffic ticket) but it may be a misdemeanor. If it is an infraction, penalties may include fines and possible community service.

How Public Intoxication Can Lead to Bigger Problems

Even though these crimes are misdemeanors, even minor alcohol-related charges can create lasting problems for you, including:

• A criminal record that shows up on background checks
• Loss of professional licenses in certain industries
• Impact on concealed carry eligibility or hunting licenses
• Complications in custody or family law cases

During the holidays, these cases often stem from misunderstandings or overreactions. For example, someone bumps into another person by mistake, words are exchanged, and suddenly police are called. Once officers arrive, they have broad discretion to issue citations or make arrests to “keep the peace.” Unfortunately, situations that may seem like “no big deal” can end up having long-lasting and deep repercussions on your life and relationships.

What to Do If You’re Cited or Arrested

If you or someone you care about is cited or arrested for disorderly conduct, disturbing the peace, or resisting arrest during the holiday season, take the situation seriously. Even though these charges are typically misdemeanors and punishments do not seem very severe, they can carry lasting consequences if not handled properly.

Most importantly, do not plead guilty without first speaking with an experienced attorney. A North Idaho criminal defense lawyer who has has handled these types of cases in local jurisdictions can often negotiate reduced charges, diversion programs, or dismissals, especially for first-time offenders or those with no prior record. There is a vast difference between obtaining a dismissal and misdemeanor plea when it comes to your future and opportunities.

Stay Safe and Celebrate Responsibly

• Arrange a sober ride before you go out.
• Keep arguments private, not on the street or in bars.
• Follow police officers’ instructions if they become involved.
• Know your limits and take care of your friends who may have had too much.

Trouble? Talk to a North Idaho Criminal Defense Attorney

At North Idaho Law Group, we understand that people make mistakes, especially around the holidays when they’ve had a little too much to drink. Whether you’re facing a disorderly conduct charge in Hayden or a disturbing the peace citation in Rathdrum, we can help you protect your rights, your freedom, your wallet, and your future, allowing you to move forward with just a lesson learned instead of a criminal record. If you’ve been arrested for or charged with a crime related to public intoxication, contact North Idaho Law Group today for a confidential consultation.

The above is provided for informational purposes only, and should not be treated as legal advice for any particular case or individual.