Idaho State Statutes - Idaho Attorney Directory

(1) With the exception of persons below
the statutory age for consuming alcoholic beverages and of persons affected by
the provisions of subsection (3) herein, no person shall be incarcerated or
prosecuted criminally or civilly for the violation of any law, ordinance,
resolution or rule that includes drinking, being a common drunkard, or being
found in an intoxicated or addicted condition as one of the elements of the
offense giving rise to criminal or civil penalty or sanction.
(2) No county, municipality, or other political subdivision may interpret
or apply any law of general application to circumvent the provision of
subsection (1) of this section.
(3) Nothing in this chapter shall affect any law, ordinance, resolution,
or rule against drunken driving, driving under the influence of alcohol or
drugs, or other similar offense involving the operation of a vehicle,
aircraft, boat, machinery, or other equipment, or regarding the sale,
purchase, dispensing, possessing, or use of alcoholic beverages or drugs at
stated times and places or by a particular class of persons, or regarding the
carrying of a concealed weapon when intoxicated or under the influence of an
intoxicating drink or drug, or regarding pedestrians who are under the
influence of alcohol or drugs to a degree which renders them a hazard and who
walk or are otherwise upon a highway except on a sidewalk, or regarding
persons who are using or are under the influence of controlled substances or
narcotic drugs and who are on public property, roadways or conveyances or on
private property open to the public.
(4) This chapter shall not limit or alter the terms or effect of section
18-116, Idaho Code.
(5) Nothing in this chapter shall affect the enforcement of any other
provisions of the uniform controlled substances act.

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