Thursday, April 7, 2011

Boise Criminal Lawyer - Idaho Underage Drinking, Possession and Providing Alcohol to a Minor

Boise Criminal Lawyer, call (208) 472-2383 for a free consultation - Idaho Criminal Defense.

Recently the Boise Police set up a sting to catch businesses and individuals selling alcohol to minors.  The Boise Police were fairly successful in the attempts to stop the provision of alcohol to under age individuals.

After the sting, I got lots of calls asking what the penalty was for this type of crime.  Criminal attorneys see these types of crime all the time and they know that there are actually different charges involved and different penalties depending upon who is charged.

Firstly, if an individual provides or sells alcohol to a minor the penalty for a first time charge is between $500-$1000 fine and up to 1 year in jail.  For a second time offense the individual charged will be fined between $1000-$2000 and can receive up to a year in jail.

The next type of crime that I often see as a Boise Criminal Lawyer is the penalty that is placed upon a business.  This is an administrative crime.  The penalty as to the business, whether it is a small business or a large business is a $1,000 fine and a 10 day liquor license suspension.  If there is another charge within three years there is either a 15 day liquor license suspension and a $1,500 fine or a 30 day license suspension.  If the business is charged a third time within 3 years they will receive a 180 day liquor license suspension.

These fines can be and are intended to be harsh.  It is a means to deter the sale of alcohol to minors.  The penalty, however, does not seem to be fair in regard to size of the company.  If a large grocer sells alcohol to a minor, a $1,000 fine and a 10 day liquor license suspension may not cause great harm in regard to their revenue.  If, however, a small business, like a Mom and Pop store has the misfortune to have an employee who fails to ID a customer, that type of license suspension may have a huge impact on their revenue.

Perhaps Idaho should rethink its laws regarding selling alcohol to a minor.  I am not suggesting that it be allowed but perhaps they should adopt a law such as the one that exists in Florida.  Florida requires that the sale of any alcohol be accompanied by proof of age with a valid ID.  If you cannot produce a valid ID then you don't get any alcohol.  If the minor has a fake ID, then it is the minor who is charged and penalized for having a fake ID.

If you need to speak with a Boise Criminal Lawyer, please call (208) 472-2383.  We always offer a free initial consultation.

1 comment:

  1. Excellent blog! I really love how it is easy on my eyes and the facts are well written. I have subscribed myself for latest blog postsCriminal Attorney NY