Local sheriff doesn’t like possible reduction in minor alcohol charges

While House Bill 494 has been easily going through the Idaho Statehouse, first by unanimously passing a legislative panel and then being approved by the House, Bannock County Sheriff Lorin Nielsen has his reservations.

The bill would reduce minor in possession of alcohol and minor consuming alcohol charges to infractions from misdemeanors on the first offense. According to the bill’s statement of purpose, “The purpose behind the reclassification is to better align punishment with crimes committed and save costs related to public defense, while maintaining penalties adequate for deterrence and enforcement.”

Nielsen feels the current punishment isn’t harsh enough to warrant a change.

“I don’t think (this misdemeanor) is a major issue that can’t be dealt with in the juvenile courts,” he said. “If they’re 19 and 20, that’ll go to the adult courts, but we’re not going to put somebody in jail on a first offense. That rarely happens.”

The reduction in charges means there would be no need for the offender to go to court with a public defender and no misdemeanor being put on someone’s record.

Nielsen argues, though, that juvenile judges in Bannock County have a good understanding of each case. They apply appropriate judgment on each one.

“(Law enforcement officers) put what the blood alcohol level is, we put what the circumstance is– all of that is sitting in front of the judge in order to make their determination,” he said.

In Idaho, this misdemeanor charge could lead to a $1,000 fine. If changed to an infraction, the fine would be reduced to $300.

HB 494 now heads to the Senate.