18-1502. BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS — FINES. (a) Except as provided in subsection (e) of this section, whenever a person is in violation, on the basis of his age, of any federal, state, or municipal law or ordinance pertaining to the use, possession, procurement, or attempted procurement, or dispensing of any beer, wine or other alcoholic beverage product, the violation shall constitute a misdemeanor.

(b)(1) Every person convicted of an infraction under this section shall be punished by a fine of three hundred dollars ($300).

(2) Every person convicted of a misdemeanor under this section shall be punished by a fine of not more than two thousand dollars ($2,000), or up to thirty (30) days in jail or both. The third and subsequent conviction under this section shall be punished by a fine of not more than three thousand dollars ($3,000), or up to sixty (60) days in jail or both.

(c) A conviction under this section shall not be used or considered in any manner for purposes of motor vehicle insurance.

(d) Whenever a person pleads guilty or is found guilty of violating any law pertaining to the possession, use, procurement, attempted procurement or dispensing of any beer, wine, or other alcoholic beverage, and such person was under twenty-one (21) years of age at the time of such violation, then in addition to the penalties provided in subsection (b) of this section:

(1) Upon a misdemeanor conviction, the court shall suspend the person’s driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(2) If the person’s driving privileges have been previously suspended under this section, the court shall suspend the person’s driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(3) The person shall surrender his license or permit to the court.

(4) The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.

(5) The court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete an alcohol treatment or education program in the same manner that persons sentenced pursuant to section 18-8005, Idaho Code, are required to undergo and complete.

(6) A person who has been found guilty of only one (1) violation of this section or section 23-604, Idaho Code, and does not have any alcohol or drug related findings of guilt, in this state or any state, within five (5) years of the commission of a violation of this section or section 23-604, Idaho Code, shall have such finding completely vacated and sealed by the court. The person shall have the responsibility for initiating this process, and the court shall provide a form for the convicted person to use. No fee shall be charged by the court for this process.

(e)(1) For the purposes of alcohol age violations under this section, the following violations shall constitute infractions:

(i) A first violation of section 23-604, Idaho Code;

(ii) A first violation of section 23-949, Idaho Code; and

(iii) A first violation of section 23-505(1) and (2), Idaho Code, when an individual is not in actual physical control of the vehicle.

(2) Violations under this subsection that occur following the effective date of this act that constitute misdemeanors under subsection (b)(2) of this section, shall begin as a first misdemeanor.

History:

[18-1502, added 1981, ch. 222, sec. 2, p. 413; am. 1982, ch. 110, sec. 3, p. 312; am. 1983, ch. 266, sec. 1, p. 697; am. 1987, ch. 212, sec. 1, p. 449; am. 1989, ch. 88, sec. 65, p. 207; am. 1989, ch. 155, sec. 10, p. 388; am. 1990, ch. 280, sec. 1, p. 785; am. 1994, ch. 133, sec. 1, p. 305; am. 1998, ch. 312, sec. 1, p. 1033; am. 2016, ch. 196, sec. 1, p. 551; am. 2016, ch. 344, sec. 1, p. 987.]