Injury to Children – I.C. § 18-1501(3)

• A person over the age of 18 commits the crime of injury to child if the person transports a minor in a motor vehicle or vessel while under the influence of alcohol, drugs or other intoxicating substance.  A violation of this section is a misdemeanor.  However, if a child suffers bodily injury or death due to a violation of this section it is a felony.

• Misdemeanor Penalty – 6 Months Jail and/or $1,000 Fine
• Felony Penalty – 10 Years Prison and/or $50,000 Fine
  

Open Container – I.C. § 23-505

• Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcohol, or drink, or use, or allow to be drunk or used while it is being transported.  Open or unsealed alcoholic beverage containers must be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle that has no trunk compartment.

• No person 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 alcohol, 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 (i.e. limousines), 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 violating this section.

• Misdemeanor (Driver) – 6 months Jail; and/or $1,000 Fine
• Infraction (Passengers) – Fine of ????

Underage Drinking (Under age 21) – I.C. §§ 18-1502 & 23-949

• No person under the age of 21 may purchase, attempt to purchase, possess, serve, dispense or consume beer, wine or other alcohol liquor.  However, a person of 19 years of age or older may sell, serve, possess and dispense alcohol as a term of their employment (i.e. waiter/waitress at a restaurant).  A violation of this section is a misdemeanor.

• Note:  A person is deemed to “possess” alcohol that has been consumed by the person, without regard to the place of consumption. 

• First Offense -- $1,000 Fine; 1 Year License Suspension (may apply for restricted privileges at any time for work, education, medical treatment, etc.)

• Second Offense – 30 days Jail and/or $2,000 Fine; 2 Year License Suspension (may apply for restricted privileges at any time for work, education, medical treatment, etc.)

• Third (or more) Offense – 60 days Jail and/or $3,000 Fine; 2 Year License Suspension (may apply for restricted privileges at any time for work, education, medical treatment, etc.)
• Note:  The Court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete alcohol treatment or education program.

Possession of Alcoholic Beverages on School Grounds -- I.C. § 23-612

• Any person who possesses or consumes any alcoholic beverage while present at any public school function on the property of a school district is guilty of a misdemeanor.

• Note:  Persons under the age of 21 in violation of this section are punished according to the Underage Drinking statute, Idaho Code section 18-1502.

• Maximum Penalty:  6 Months in Jail and/or $1,000 Fine 

Dispensing Alcoholic Beverages to Person Under the Age of 21 – I.C. § 23-603

• Any person 18 years of age or older who sells, gives or furnishes alcoholic beverages to a person under the age of 21 is guilty of a misdemeanor.

• First Offense:  1 Year in Jail and/or $500-$1000 Fine.
• Second Offense:  1 Year in Jail and/or $1000-$2000 Fine.
• If the dispensing occurred at a licensed establishment, administrative action could be taken against the licensee or business including a 6-month alcohol license suspension and a fine.