Idaho Minor in Possession Laws

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

Often students and parents call us to ask about the MIP laws in Idaho. Please note that the Idaho MIP laws shown on this page are meant to help help you to learn your local laws. While we have tried to show the most up-to-date version of the laws, but we cannot guarantee its accuracy. This page is not a substitute for legal advice from a lawyer.

In Idaho, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcoholic beverages. This is known as the "minor in possession" (MIP) law.

If a minor is found to be in possession of alcohol, they can be charged with an MIP offense. The penalties for an MIP offense depend on the number of previous offenses the minor has committed and can include fines, community service, and alcohol education or treatment programs. In some cases, a minor may have their driver's license suspended or delayed as a result of an MIP conviction.

It is important to note that in Idaho, it is also illegal for an adult to furnish alcohol to a minor. This means that it is illegal for an adult to give or sell alcohol to someone under the age of 21. Penalties for furnishing alcohol to a minor can be severe and can include fines and imprisonment.

Idaho Statutes

The specific statute that applies to minor in possession in Idaho is Idaho Code section 18-1502A. This statute makes it illegal for a person under the age of 21 to purchase, attempt to purchase, consume, or possess alcohol.

Here is the full text of Idaho Code section 18-1502A:

"No person under the age of twenty-one (21) years shall purchase, attempt to purchase, consume, or possess any alcoholic beverage."

This statute applies to all alcoholic beverages, including beer, wine, and spirits. It is important to note that the statute applies not only to possession of alcohol, but also to the purchase, attempted purchase, and consumption of alcohol. This means that a minor can be charged with an MIP offense even if they did not actually possess any alcohol, but simply tried to buy it or drank it.

It is also worth noting that Idaho has an "implied consent" law for drivers. This means that if a person is stopped by a law enforcement officer while driving, they are deemed to have consented to a chemical test (such as a breathalyzer test) to determine their blood alcohol content (BAC). If a person under the age of 21 refuses to take a chemical test or has a BAC of 0.02% or higher, their driver's license can be suspended or delayed. This is in addition to any penalties that may be imposed for an MIP offense.

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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


Although the verbatim text of historical regulations is only available from January 1, 2002 forward, the published historical information for Idaho Admin. Code § 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


  • 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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