Idaho’s Underage Drinking Laws: Consequences for Teens and Parents
Underage drinking might seem like a common teenage mistake. But in Idaho, it’s a mistake that constitutes a criminal offense with potentially severe consequences. Both teens and their parents can face legal trouble if alcohol is involved in any setting, including within the home. Whether it’s a graduation gathering in Coeur d’Alene, a family camping trip near Lake Pend Oreille, or tubing on the Spokane River with friends, the law doesn’t give much wiggle room regarding underage drinking. Understanding Idaho’s laws can help families avoid costly mistakes and know what to do if charges arise.
North Idaho Law Group represents individuals accused of crimes, including juveniles. If your teen has been arrested for or charged with underage drinking, it is vital to obtain legal advice and retain representation as soon as possible to protect their rights and begin to develop a defense strategy. Both the short- and long-term consequences of a conviction are unwelcome for teens as well as their parents or guardians.
Idaho’s Underage Drinking Law
In Idaho, it is illegal for anyone under the age of 21 to possess, consume, purchase, or attempt to purchase alcohol. This crime is known as minor in possession (MIP) or minor in consumption (MIC) and is governed by Idaho Code § 23-604.
The statute does not distinguish low-alcohol drinks such as beer and wine versus high-alcohol spirits; all are alcohol. The statute similarly does not distinguish between drinking in the privacy of one’s own home with parental permission versus drinking in public or in a different private setting. (However, for obvious reasons, the law is not construed to deem a teen “in possession” of alcohol when they are in a setting, such as their home, in which alcohol is available.) Anyone, including a parent, who dispenses alcohol to a minor is also subject to penalties.
There are very limited exceptions to this law. One important exception is if an individual under 21 who has consumed or possesses alcohol is confronted by law enforcement because they summoned medical assistance for themselves or others. This exception ensures that teens who have consumed alcohol and who need medical assistance for themselves or others will not refuse to seek aid out of fear of being arrested. While the exception does not provide complete immunity, it prevents prosecution if the teen who summons help had not been discovered otherwise.
Common Scenarios That Lead to Charges
Some of the most common situations that result in underage drinking charges in North Idaho include:
- A house party where minors are drinking
- Teens caught with alcohol in a vehicle
- Underage individuals using fake IDs to buy alcohol
- Parents providing alcohol to their own children or other minors
- Teens found intoxicated in public spaces, such as parks, on the water, and in social places like sporting events or concerts
In any of these situations, law enforcement can issue citations, make arrests, and refer cases to juvenile or district court. Further, the underage law crime can be compounded with other criminal conduct. For example, suppose a group of four teens is caught with alcohol in a vehicle, and two of them have consumed alcohol. In that case, each of them may still be charged with a violation of Idaho’s open container law, whether or not they are drivers, and whether or not they have consumed any alcoholic beverages.
Minors under 21 attending a college party where alcohol is present may also find themselves facing charges of possession, even if they did not consume any alcohol. Consequently, parents need to educate their teens about the terms of the law, and specifically about their exposure to criminal charges in many settings, even if they refrain from drinking.
Legal Penalties for Teens
For minors under 21, consequences can vary depending on the circumstances and whether it’s a first-time offense. The following are the penalties prescribed under Idaho Code § 18-1502:
First Offense (Infraction)
- Fine of $300
- Driver’s license suspension (up to 1 year)
In addition, a court may also require a minor under 21 to undergo mandatory alcohol education or treatment.
Second or Subsequent Offenses
- Increased fines and longer license suspension
- Harsher court-ordered conditions
- Possible detention for repeat juvenile offenders
Even as a juvenile, a conviction can still appear on background checks and affect college admissions, scholarships, and job prospects.
Consequences for Parents
In Idaho, parents and other adults can face charges if they knowingly provide alcohol to minors. This includes hosting parties where alcohol is present, even if the adult doesn’t supply it directly. Adults may face:
- Misdemeanor charges
- Fines up to $1,000
- Jail time (up to 1 year)
- Civil liability if someone is injured or killed as a result of underage drinking
In some cases, Child Protective Services may get involved if underage drinking occurs in the home, especially if younger siblings are present.
What to Do If Your Teen Is Charged
If your child is facing charges for underage drinking in Kootenai County or anywhere in North Idaho, take it seriously. Don’t assume the court will “go easy” because they’re young. A single mistake can create long-term consequences without competent legal guidance.
Steps to take:
- Do not let your teen speak to the police without an attorney present
- Get legal advice before pleading to anything
- Keep records of the incident and any related communications
At North Idaho Law Group, we understand how stressful and even heartbreaking these situations can be for families. They can introduce relationship and legal problems, but it is essential to remember that there are ways to work through them to an acceptable resolution. We work with teens and their parents to minimize the impact of underage drinking charges and keep the focus on rehabilitation, not punishment. We aim to find a resolution that protects the child’s future, such as deferred judgment or diversion programs.
Whether you’re in Coeur d’Alene, Post Falls, or nearby communities, if you or anyone in your family is dealing with criminal charges related to underage drinking, contact North Idaho Law Group as soon as possible for a confidential consultation. We’ll walk you through your options and fight for the best outcome for your family.
The information above is for general purposes only. It should not be construed as legal advice for any particular individual, family, or situation.