Q: I was at a bar recently and watched and listened as three rather intoxicated young men begged and cussed at the bartender because she wouldn’t serve one of them who didn’t have his identification card with him. They threatened to call the owner of the bar, who is a friend of mine and would have been furious with them, to vouch for the one without the identification. The bartender told him that without identification there was no way she would serve him. Can you explain why she was being so strict? I’m not sure most customers know how strict the laws are and think bartenders are just being jerks. -Dave
A: Well, there are several factors to take into consideration. One of them is that according to Idaho Code 23-605, dispensing alcohol to an intoxicated or obvious intoxicated person is a misdemeanor offense.
This is also a great rule because civilly if that person was involved in a crash that killed or injured somebody, and it was proven that the intoxication was a result of the business dispensing alcohol to the obvious intoxicated driver, the business or bartender (or both) could get sued as well. This liability could also fall upon any person in charge of a private party as well.
I have also heard but not yet seen that the responsible party could be criminally charged as an accessory if an incident resulted in injuries or death that was a direct result of being intoxicated from that person not stopping the flow of alcohol.
The other main rule here is that, legally, alcohol cannot be dispensed to a person who does not have a valid form of state-issued identification. The identification card also cannot be expired. Expired identification cards cannot be used as identification to purchase alcohol or get into a bar. Failure to carry identification could also get you charged with a misdemeanor if an officer asks for it and you have been consuming or possessing alcohol (I.C. 23-943a).
Please put these officers, killed in the line of duty, and their families in your prayers. They fought the good fight, now may they rest in peace. God bless these heroes.
Correctional Officer Wendy Shannon, North Carolina Department of Public Safety—Division of Prisons
Deputy Sheriff James Wallace, Richmond County Sheriff, Georgia
Senior Trooper Thomas Nipper, Texas Department of Public Safety—Texas Highway Patrol
Police Officer Jaimie Cox, Rockford Police, Illinois
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