Idaho Minor in Possession Laws

Online Alcohol Class offers the most comprehensive underage consumption course available in Idaho. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) online Minor in Possession and Minor in Consumption Courses.

Often students and parents call our offices to ask about the MIP laws in Idaho. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the Idaho MIP laws displayed on this page are intended to help help you to learn about your local Idaho laws. While we have tried to show the most up-to-date version of Idaho minor in possession laws, but we do not guarantee its accuracy. This page is not a replacement for legal advice from a lawyer. It is in your best interest that you find an appropriate lawyer for more information about Idaho minor in possession laws.

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Idaho Minor In Possession Laws

Idaho Underage Possession of 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.

Idaho Underage Consumption of Alcohol

Consumption is prohibited with NO EXCEPTIONS.

Idaho Internal Possession by Minors

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.

Idaho Underage Purchase of Alcohol

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

Furnishing Alcohol to Minors in Idaho

Furnishing is prohibited with NO EXCEPTIONS.

Minimum Ages for On-Premises Servers and Bartenders in Idaho

Beer: 19 for both servers and bartenders

Wine: 19 for both servers and bartenders

Spirits: 19 for both servers and bartenders

Minimum Ages for Off-Premises Alcohol Sellers in Idaho

Beer: 19

Wine: 19

Spirits: 19

False Identification for Obtaining Alcohol in Idaho

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial 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.

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in Idaho

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21

Idaho Retail Sales: Keg Registration

Keg definition: 7.75 gallons or more

Prohibited:

  • Possessing an unregistered, unlabeled keg - max. fine/jail: $1000 or 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

Idaho Underage Driving Privileges: Use/Lose

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

Prohibitions Against Hosting Underage Drinking Parties in Idaho

No State-imposed liability for hosting underage drinking parties.

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