In Idaho, it is a crime to consume or possess alcoholic beverages of any kind if you are under the age of 21. A first offense is an infraction; second and subsequent offenses are misdemeanors.
If you have been charged with a misdemeanor in Idaho for minor consumption of alcohol, minor in possession of alcohol, or illegal consumption and possession of alcohol, you should seek the advice and counsel of an experienced criminal defense attorney.
In Boise and surrounding areas, the choice is easy. At Martens Law Office, our lead attorney, Jared B. Martens, represents individuals charged with all manner of alcohol-related criminal offenses.
Under Idaho Code § 23-604, any person under 21 years of age who purchases, attempts to purchase, or otherwise consumes or possesses any alcoholic beverage including distilled spirits, beer, or wine, commits a violation of state law. This means minor in consumption or possession of alcohol charges can arise from various situations:
The statute makes no distinction between minor consumption and minor in possession. Both are treated as the same offense under Idaho law, which is why having experienced legal counsel matters regardless of which specific act you’re accused of.
Anyone convicted of a minor in possession or minor consumption of alcohol charge in Idaho will find themselves facing some unpleasant consequences.
Finally, the judge could order that you obtain an alcohol evaluation prior to sentencing. Alcohol evaluations and treatments are left to the discretion of the court. In all likelihood, the judge will order a minimum of eight hours of alcohol treatment prior to sentencing.
Yes. While a first-time underage drinking charge in Idaho is classified as an infraction, the court still has the authority to suspend your driver’s license for up to one year.
On a second or subsequent conviction for minor in consumption of alcohol, license suspension becomes mandatory. The court must suspend driving privileges for up to one year on a second offense and up to two years on a third offense.
This administrative penalty applies even if no vehicle was involved in the incident. The penalty for underage drinking extends beyond fines and potential jail time as it can significantly impact your ability to get to work, school, and other essential obligations.
Yes. Common defense strategies in minor consumption cases include challenging whether the evidence was properly collected, arguing that your rights were violated during the investigation or arrest, and pointing out inconsistencies in police reports or witness statements.
In some cases, the evidence may not fully support the allegations, which can lead to reduced charges or outright dismissal. Your attorney may also negotiate with prosecutors for alternative resolutions such as diversion programs or counseling instead of conviction or prepare for trial if the prosecution won’t offer acceptable terms.
After being charged with underage drinking, several things typically occur:
Even as a juvenile, a conviction can still appear on background checks and affect college admissions, scholarships, and job prospects. This is why it’s critical to take any consumption of alcohol by a minor charge seriously and secure experienced legal representation from the outset.
When you’re facing a minor in consumption of alcohol charge, having an experienced defense attorney makes a significant difference in the outcome. Jared B. Martens brings extensive courtroom experience and a whole client focus to every case involving minor consumption of alcohol.
Our defense approach starts with thoroughly reviewing all evidence and police reports to identify weaknesses in the prosecution’s case. We scrutinize every detail to identify any procedural errors or rights violations that could support dismissal of the charges.
When appropriate, we negotiate assertively with prosecutors for reduced charges or outright dismissal, but we’re always prepared to take your case to trial if the prosecution won’t offer acceptable terms. Throughout the entire process, we work to limit the impact on your education, employment, and future opportunities.
Every minor in consumption or possession of alcohol charge is unique, and your defense strategy should reflect the specific facts and circumstances of your situation.
Many people assume that a minor consumption charge is too minor to warrant hiring an attorney, but this misconception can lead to unnecessary and severe consequences. The penalty for underage drinking in Idaho includes not just fines, but potential jail time, mandatory alcohol treatment, and driver’s license suspension.
An experienced criminal defense lawyer can:
Our skilled Boise juvenile defense lawyers have successfully defended thousands of clients with a proven track record of dismissed charges and reduced sentences. When facing any underage drinking charge, you need an attorney who understands Idaho law and will fight vigorously on your behalf.
If you have been charged with minor consumption, minor in possession, open container, DUI, or any other criminal offense, contact Martens Law Office and speak with Jared B. Martens about your rights and options. Call our office in Boise, Idaho, at (208) 344-0994 or reach out online.
