Using Fake IDs: Defense Strategies for Underage Alcohol Crimes

James Novak

People throughout the greater Phoenix area have counted on the team at the Law Office of James Novak to provide robust DUI defense and legal advice on what to do after a drunk driving arrest. This applies to many different kinds of crimes, whether they involve adults over the age of 21 or minors.

We know that many minors face legal matters that involve alcohol and fake identifications. With this in mind, we’d like to consider what happens when you are a minor and charged with using a fake ID.

Legal penalties for using fake ID to purchase alcohol or enter a bar include the following:


  • Up to six months of jail time

  • Fine of up to $2,500

  • Suspension of diver’s license

  • Restriction from applying for a driver’s license for six months

In addition to the above, additional penalties may be applied, resulting in even harsher punishment than already specified. The exact circumstances of your case will determine the additional fines and penalties applied to the above.

We covered the consequences and legal penalties of using fake IDs to purchase alcohol in more detail in a previous post on this blog. We encourage you to read that post for additional information about the legal penalties that are associated with these charges.

What can I do if I have been charged with using a fake ID?

Given that we’ve written about the legal penalties already, we want to consider the next important issue regarding these charges. Let’s shift our focus to how a legal defense strategy would work if you or your child has been accused of this crime.

Looking at the Circumstances of the Arrest

If a minor is pulled over by law enforcement, it’s important to consider the legality and the Constitutionality of the action. The most important question to consider is if the arresting officer had a good reason to pull you over. If you were abiding by all traffic laws and your vehicle was functioning properly (e.g., all lights and blinkers working properly, proper plates and tags on vehicle), you may have been pulled over without reason and had your rights violated.

If a fake ID was discovered by the proprietor/employee of a liquor store, bar, or club, the nature of the incident must be carefully considered. They are clearly not subject to the same scrutiny as an officer of the peace, and yet there may be questionable actions on their part that can help us craft a strong legal defense.

In essence, we always want to make sure that nothing transpired leading up to the arrest that may be considered illegal, unethical, or out of the ordinary. Odd circumstances may be brought up to help reduce penalties or argue that certain charges ought to be dropped.

Presenting Evidence That Speaks to Fairness

Our goal is to make sure the system works, which means that we will always delivery a robust defense no matter what penalties you face. We will work to reduce punishments and advise clients on what they can do following their case to address their needs going forward. Just know that our lawyers will be here for you, and that is a promise that you can count on.

Speak with Our DUI Criminal Defense Attorneys

If you have been accused of using a fake ID to purchase alcohol or your have a son or daughter who has been accused of this crime, be sure to contact our DUI criminal defense attorneys today. We at the Law Office of James Novak will make sure that your have a strong defense in place and that you receive a fair shake from the law. We want to make sure our system works for everyone.

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

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 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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