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Posted on November 15, 2024 in Blog,Underage Drinking
Consider a scenario: you stop by a store. As you approach the doorway, a teenager approaches you and offers you money to buy them cigarettes. You agree to do so, and when you leave the store, you give him the cigarettes you purchased. Have you broken the law?
Or, imagine going to the store with a friend who is 20 years old. While you wait in the car, your friend borrows your driver’s license, runs into the store, and returns with beer as part of their purchases. Have you broken the law?
Or, when applying for an Arizona driver’s license, you provide a date of birth before your actual date of birth. This makes you appear legally 21 years old instead of your actual age of 20. Have you broken the law?
In all three situations, the answer is, “Yes.” And contrary to what you might expect, if you get caught misusing legitimate identification or using a fake ID in these and other situations, you can find yourself in an Arizona court facing jail time, fines, probation, and more.
If you are being charged under Arizona’s fake ID laws, the Rosenstein Law Group can help you defend yourself. You can reach us online to set up a free consultation with one of our criminal defense attorneys or call us any time, day or night, any day of the year at (480) 248-7666.
Arizona Revised Statutes make it illegal for anyone under the age of 21 to buy or consume alcohol, marijuana, and to purchase tobacco products:
| Topic | Legal Age |
| Drink or buy liquor, or to be in a bar | 21 |
| Possess, buy, or consume marijuana | 21 |
| Buy or consume tobacco | 21 |
Exception for religious services and ceremonies: There is no age restriction to consume alcohol in connection with religious services or ceremonies or to buy, store, distribute, serve, or consume wine in connection with a bona fide religious belief by a church recognized by the U.S. Internal Revenue Service.
The Arizona “Fake ID” law ARS 28-3478 makes the following acts Class 2 Misdemeanor offenses:
An Arizona driver’s license is more than just something to carry when driving; it’s a privilege that comes with responsibilities, including not misusing or letting others misuse it.
The penalties you face if you are convicted for a Class 2 Misdemeanor offense for the first time include the following:
| Penalty | First-Time Offense | Second Offense |
| Jail Sentence | Up to 120 days | Up to 180 days |
| Fine | $750 | $2,500 |
| Probation | Up to two years | Up to three years |
Your sentence can also include suspension of your Arizona driver’s license.
Traditionally, many people believe fake IDs are only used by college students to purchase alcohol, tobacco, or marijuana. However, there are other ways fraudulent ID usage can lead to legal trouble.
The use of fake ID by someone under the legal drinking age to get into a bar or to buy alcohol are both Class 1 Misdemeanor offenses in Arizona. These are more serious offenses than the Class 2 Misdemeanors associated with simply possessing a fake ID or letting someone else use your license.
| Penalty | |
| Jail Sentence | Up to 180 days |
| Fine | $2,500 plus applicable surcharges |
| Probation | Up to three years |
If you try to use a forged driver’s license to get into an establishment that sells alcohol like a bar, nightclub, or liquor store, you can be charged with both the Class 2 Misdemeanor for possession of the fake ID and for the Class 1 Misdemeanor of trying to use that fake ID to gain entry.
If a person younger than 21 successfully uses a fake ID, they may also face a Class 3 Misdemeanor for being under 21 years old and possessing or consuming alcohol. That makes 3 charges in total.
According to Arizona law, the use of your driver’s license or state-issued non-driving ID to buy alcohol or enter a liquor-selling business when you are underage can lead to having your license suspended. This includes a six-month penalty for the first offense and a year-long penalty for a second offense. Unlike license suspensions for traffic violations, no exception would let you still use your license to drive to work or school.
In Arizona, “knowingly misrepresenting a fact for the purpose of… misleading a police officer” is a Class 1 Misdemeanor. This includes being pulled over by a police officer and presenting a fake driver’s license.
And, like with the purchase of alcohol example above, you can find yourself being charged with two crimes: possession of a fake ID and attempting to mislead the officer with it.
Online data breaches at private companies and government agencies have led to widespread identity theft. Thieves use stolen personal information to fraudulently create fake credit applications, fake job applications, fake apartment rental applications, fake IDs, and more.
Identity theft is a crime in Arizona. State law defines it as possessing, manufacturing, or using another person’s personal identifying information without consent with the intent to commit an unlawful act or to obtain or continue employment. However, the victim does not have to lose anything from using their identity for charges to be made.
It is also considered identity theft if you have used someone else’s personal information to create a fictitious identity.
A conviction for identity theft in Arizona is a Class 4 Felony. If the fake identification is used to commit crimes outside of Arizona, it could lead to federal charges for identity theft.
Note: One important exception to Arizona’s identity theft law is that it does not apply to people under 21 who try to use fake IDs to buy alcohol or to enter a bar or nightclub.
Although it may seem that possessing or using a fake ID can be hard to defend, there are some approaches that a skilled attorney might use on your behalf. Here are some of them.
Many bars, nightclubs, and alcohol vendors are not as thorough as they should be when checking IDs for entry or purchases.
One common defense to a fake ID charge is that you did not actually use it. However, this defense is not always successful. For example, possession of a fake ID possession is illegal in Arizona. It is also illegal to be in possession or to consume alcohol if you are under 21, no matter how you got it.
Generally, police need reasonable suspicion that you are committing or have recently committed an illegal act to stop you and request your ID. This can lead to some “close call” situations in which the officer stops you as you leave a bar or a store that sells alcohol, asks how old you are, and then asks to see your identification. Unless the officer can prove that he or she reasonably suspected that you were committing a crime, the stop might be a violation of your civil rights.
In such cases, a prosecutor may offer a plea deal that could lead to diversion and dismissal of your criminal case as opposed to resulting in criminal convictions. This means no conviction on your record and no license suspension.
When the state charges you with a fake ID offense, it must prove beyond a reasonable doubt that every element of that crime has been met.
However, the police can be sloppy or make mistakes in their investigation or evidence gathering. Pointing out potential errors can be enough to instill that element of reasonable doubt needed to thwart the charges against you.
Sometimes, the police can, mistakenly or otherwise, cross the line when they fail to observe and/or honor your rights protected by the U.S. Constitution and/or Arizona’s Constitution.
Classic examples of such violations in criminal cases include failing to properly inform you of your “Miranda” rights when you are arrested and subjected to questioning or violating those rights after arrest.
Miranda’s rights include:
As you can see, getting caught with a fake ID in Arizona or improperly using someone else’s personally identifying information can lead to one or more misdemeanor and/or felony charges.
In addition to the possible jail sentence, fines, and probation, you may also be required to perform community service or attend alcohol education classes.
Moreover, a fake ID conviction in Arizona follows you wherever you go, even after you complete the terms of any court-imposed sentence. Anyone who checks your criminal record will find it and it can hurt you when you apply for a job, try to rent an apartment, or apply for a loan.
A felony-level criminal conviction on your record can even mean losing some of your civil rights, like the right to vote, the right to own and possess firearms and other deadly weapons.
If you’re facing a fake ID charge, having skilled legal representation is crucial to protect your rights and pursue the best possible outcome for your case.
An attorney from Rosenstein Law Group will be able to support you. We offer a free case evaluation so that you may obtain legal advice without any financial obligation or commitment.
Do not hesitate to contact our firm at 480-248-7666 today for skillful legal representation from an experienced criminal defense attorney.