Underage Drinking

False Identification for Obtaining Alcohol

Laws prohibiting the use of false identification by minors to obtain alcohol.

Policy Topics

View another policy topic by selecting an option from the following menu.

Learn More

View definitions for each of the column headings.

Viewing Policies as of Date

Filter

Sort

Show policies in effect any time within the date range specified:

and
Changes Over Time for False Identification for Obtaining Alcohol
Jurisdiction Date Range Provisions That
Target Minors
Provisions That
Target Suppliers
Retailer Support Provisions Citations
Use of
False ID
Prohibited
License
Suspension
Lend/
Transfer/
Sell
Produce Scanner Distinctive
Licenses
Seizure
of ID
Affirmative
Defense
Right to
Sue Minor
Detention
of Minor
Alaska (3066)
1/1/1998 - 9/26/2004YesAdmin   Yes General  6 Citations
Alaska (3006)
9/27/2004 - 1/1/2019YesAdmin   Yes GeneralYes 8 Citations
Arizona (3069)
1/1/1998 - 8/11/2005YesBoth   Yes   6 Citations
Arizona (3007)
8/12/2005 - 9/18/2007YesBoth  YesYes   7 Citations
Arizona (3058)
9/19/2007 - 1/1/2019YesBoth  YesYes Specific  8 Citations
Arkansas (3068)

In Arkansas, the prohibition against attempted use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Prior to July 31, 2007, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. This denial is through a judicial process. Beginning on July 31, 2007, Arkansas added an administrative suspension process for those between 18 to 21 years of age to whom the judicial process does not apply.

1/1/1998 - 8/11/2005YesJudicialYesYes Yes   3 Citations
Arkansas (3008)

Under Ark. Code Ann. § 5-27-503(b), a seller's detention of a person under 21 for use of false identification "shall not include a physical detention."

In Arkansas, the prohibition against attempted use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Prior to July 31, 2007, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. This denial is through a judicial process. Beginning on July 31, 2007, Arkansas added an administrative suspension process for those between 18 to 21 years of age to whom the judicial process does not apply.

8/12/2005 - 1/1/2019YesJudicialYesYes Yes  Yes5 Citations
California (3070)
1/1/1998 - 12/31/1998YesJudicialYes  Yes Specific  5 Citations
California (3009)
1/1/1999 - 1/1/2019YesJudicialYes  YesYesSpecific  9 Citations
Connecticut (3072)
1/1/1998 - 9/30/2001YesJudicial   Yes Specific  6 Citations
Connecticut (3011)
10/1/2001 - 1/1/2019YesJudicial  YesYes Specific  9 Citations
District of Columbia (3073)

The District of Columbia defines a "valid identification document" as “an official identification issued by an agency of government (local, state, federal, or foreign) containing, at a minimum, the name, date of birth, signature, and photograph of the bearer." See D.C. Code Ann. § 25-101(53). D.C. Code Ann. § 25-783(b) requires licensed establishments to “take steps reasonably necessary to ascertain” whether any person to whom an alcoholic beverages is served is of legal drinking age, and further provides that “[a]ny person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age.” APIS has interpreted the “reasonable steps” requirement as providing the retailer a defense for reasonable reliance on an apparently valid ID.

Section designations in the District of Columbia Code were renumbered in connection with the publication of the D.C. Official Code, 2001 Edition.

1/1/1998 - 4/9/2009YesJudicial   Yes Specific  5 Citations
District of Columbia (3013)

The District of Columbia defines a "valid identification document" as “an official identification issued by an agency of government (local, state, federal, or foreign) containing, at a minimum, the name, date of birth, signature, and photograph of the bearer." See D.C. Code Ann. § 25-101(53). D.C. Code Ann. § 25-783(b) requires licensed establishments to “take steps reasonably necessary to ascertain” whether any person to whom an alcoholic beverages is served is of legal drinking age, and further provides that “[a]ny person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age.” APIS has interpreted the “reasonable steps” requirement as providing the retailer a defense for reasonable reliance on an apparently valid ID.

Section designations in the District of Columbia Code were renumbered in connection with the publication of the D.C. Official Code, 2001 Edition.

4/10/2009 - 1/1/2019YesJudicial     Specific  4 Citations
Georgia (3076)

In Georgia, the prohibition against furnishing to a minor does not apply when a retailer has been provided with “proper identification,” defined as “any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth.” When a reasonable or prudent person could reasonably be in doubt as to whether a customer is of legal drinking age, the retailer has a duty to request to see and to be furnished with proper identification in order to verify the customer’s age, and the failure to make such request and verification in the case of an underage person may be considered by the trier of fact in determining whether the retailer furnishing the alcoholic beverage did so knowingly. See Ga. Code Ann. § 3-3-23(d), (h). APIS has interpreted the “reasonable or prudent person” requirement as providing the retailer a defense for reasonable reliance on an apparently valid ID.

1/1/1998 - 6/30/2015YesJudicial   YesYesSpecific  4 Citations
Georgia (3015)

In Georgia, the prohibition against furnishing to a minor does not apply when a retailer has been provided with “proper identification,” defined as “any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth.” When a reasonable or prudent person could reasonably be in doubt as to whether a customer is of legal drinking age, the retailer has a duty to request to see and to be furnished with proper identification in order to verify the customer’s age, and the failure to make such request and verification in the case of an underage person may be considered by the trier of fact in determining whether the retailer furnishing the alcoholic beverage did so knowingly. See Ga. Code Ann. § 3-3-23(d), (h). APIS has interpreted the “reasonable or prudent person” requirement as providing the retailer a defense for reasonable reliance on an apparently valid ID.

7/1/2015 - 1/1/2019Yes   YesYesSpecific  4 Citations
Hawaii (3077)

In Hawaii, the retailer has a defense to a charge of furnishing to a minor if, in making the sale or allowing the consumption of liquor by a minor, the retailer was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age, and if the retailer can prove that he or she acted in good faith.

1/1/1998 - 12/31/2006Yes   Yes General  4 Citations
Hawaii (3016)

In Hawaii, the retailer has a defense to a charge of furnishing to a minor if, in making the sale or allowing the consumption of liquor by a minor, the retailer was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age, and if the retailer can prove that he or she acted in good faith.

1/1/2007 - 1/1/2019YesJudicial   Yes General  6 Citations
Idaho (3079)

In Idaho, prior to March 8, 2007, the authority to confiscate false identification was not explicit. If alcoholic beverage licensees, their employees, or agents confiscated age identification documents that appeared to be mutilated, altered, or fraudulent, they were required to deliver them to an agent or investigator of the Alcohol Beverage Control Bureau or to other law enforcement officials. Idaho Admin. Code s. 11.05.01.021.

Although the verbatim text of historical regulations is only available from January 1, 2002 forward, the published historical information for Idaho Admin. Code § 11.05.01.021 indicates that this regulation has been in force, unchanged, since March 31, 1995.

1/1/1998 - 3/7/2007YesJudicialYesYes YesYes  5 Citations
Idaho (3017)

As of March 8, 2007, retailers are only required to deliver documents to law enforcement that have been lost or voluntarily surrendered; however, when presented with identification documents that appear to be mutilated, altered, or fraudulent, they must contact law enforcement and refuse service.

Although the verbatim text of historical regulations is only available from January 1, 2002 forward, the published historical information for Idaho Admin. Code § 11.05.01.021 indicates that this regulation has been in force, unchanged, since March 31, 1995.

3/8/2007 - 1/1/2019YesJudicialYesYes Yes   5 Citations
Indiana (3081)
1/1/1998 - 12/31/2001YesJudicialYes    General  5 Citations
Indiana (3019)
1/1/2002 - 6/30/2014YesJudicialYes  Yes General  8 Citations
Indiana (3063)
7/1/2014 - 6/30/2016YesYes  Yes General  10 Citations
Indiana (3064)

A permittee may retain an apparently false ID card provided as proof of age, if the permittee has received alcohol server training.

7/1/2016 - 1/1/2019YesYes  YesYesGeneral  9 Citations
Maine (3087)

In Maine, the Provisions Targeting Suppliers apply to acts prohibited by minors. The more general laws that address adults are not collected here as they are not, for APIS purposes, specific to the lending, transfer, sale, or production of false identification for a minor's obtaining alcoholic beverages.

1/1/1998 - 9/20/2001YesYes  YesYes  6 Citations
Maine (3024)

In Maine, the Provisions Targeting Suppliers apply to acts prohibited by minors. The more general laws that address adults are not collected here as they are not, for APIS purposes, specific to the lending, transfer, sale, or production of false identification for a minor's obtaining alcoholic beverages.

9/21/2001 - 1/1/2019YesJudicialYes  YesYes  8 Citations
Minnesota (3089)
1/1/1998 - 7/31/2000YesJudicialYes  Yes Specific  2 Citations
Minnesota (3028)
8/1/2000 - 1/1/2019YesJudicialYes  YesYesSpecific  5 Citations
Mississippi (3091)
1/1/1998 - 4/10/2002Yes   Yes Specific  3 Citations
Mississippi (3062)
4/11/2002 - 12/31/2004YesJudicial   Yes Specific  6 Citations
Mississippi (3029)

Although it appears the Mississippi Department of Public Safety currently still issues distinctive licenses for persons under 21, no codified statute or regulation requiring the issuance of such licenses has been found to exist after December 31, 2004. APIS coding relies only on codified statutes and regulations and not on uncodified administrative decisions or directives, and therefore the check mark for Distinctive Licenses in Mississippi has been removed beginning on January 1, 2005.

1/1/2005 - 1/1/2019YesJudicial     Specific  4 Citations
Missouri (3090)
1/1/1998 - 8/27/2005YesJudicial Yes Yes Specific  5 Citations
Missouri (3030)
8/28/2005 - 1/1/2019YesJudicialYesYes Yes Specific  8 Citations
Nebraska (3095)
1/1/1998 - 7/14/2010Yes Yes Yes Specific  2 Citations
Nebraska (3032)
7/15/2010 - 1/1/2019Yes YesYesYes Specific  6 Citations
New Hampshire (3096)

In New Hampshire, the prohibition against the use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Before January 1, 2003, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. After January 1, 2003, the denial of driving privileges applies to those under 21 years of age.

1/1/1998 - 12/31/2002YesJudicialYes    Specific  3 Citations
New Hampshire (3034)

In New Hampshire, the prohibition against the use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Before January 1, 2003, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. After January 1, 2003, the denial of driving privileges applies to those under 21 years of age.

1/1/2003 - 12/31/2007YesJudicialYes    SpecificYes 7 Citations
New Hampshire (3057)

In New Hampshire, the prohibition against the use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Before January 1, 2003, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. After January 1, 2003, the denial of driving privileges applies to those under 21 years of age.

1/1/2008 - 1/1/2019YesJudicialYes  Yes SpecificYes 8 Citations
New York (3100)
1/1/1998 - 8/31/1999YesJudicial   Yes Specific  2 Citations
New York (3037)
9/1/1999 - 1/1/2019YesJudicial  YesYes Specific  5 Citations
North Carolina (3093)
1/1/1998 - 11/13/2001YesJudicialYes  YesYesSpecific  4 Citations
North Carolina (3038)
11/14/2001 - 1/1/2019YesJudicialYes YesYesYesSpecific  7 Citations
North Dakota (3094)
1/1/1998 - 7/31/2011Yes   Yes Specific  3 Citations
North Dakota (3039)
8/1/2011 - 1/1/2019Yes   YesYesSpecific  6 Citations
Ohio (3101)
1/1/1998 - 9/20/2000YesAdminYesYes Yes Specific  4 Citations
Ohio (3040)
9/21/2000 - 1/1/2019YesAdminYesYesYesYes Specific  11 Citations
Oklahoma (3102)
1/1/1998 - 6/30/2006YesJudicial   Yes   2 Citations
Oklahoma (3041)

Between July 1, 2006 and September 30, 2018, Oklahoma provides retailers a defense in criminal prosecutions for furnishing minors with "low-point beer" (defined as all beverages containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight). The defense takes the form of a rebuttable presumption that the retailer reasonably relied upon proof of age if (1) the minor presented what a reasonable person would have believed was a driver license or other government-issued photo identification purporting to establish that the individual was 21 years of age or older; or (2) the retailer confirmed the validity of the driver license or other government-issued photo identification presented by the individual by using a transaction scan device; and (3) if the retailer exercised reasonable diligence to determine whether the physical description and picture on the driver license or other government-issued photo identification was that of the individual who presented it.

7/1/2006 - 4/29/2007YesJudicialYesYes Yes   5 Citations
Oklahoma (3059)

Between July 1, 2006 and September 30, 2018, Oklahoma provides retailers a defense in criminal prosecutions for furnishing minors with "low-point beer" (defined as all beverages containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight). The defense takes the form of a rebuttable presumption that the retailer reasonably relied upon proof of age if (1) the minor presented what a reasonable person would have believed was a driver license or other government-issued photo identification purporting to establish that the individual was 21 years of age or older; or (2) the retailer confirmed the validity of the driver license or other government-issued photo identification presented by the individual by using a transaction scan device; and (3) if the retailer exercised reasonable diligence to determine whether the physical description and picture on the driver license or other government-issued photo identification was that of the individual who presented it.

4/30/2007 - 1/1/2019YesJudicial   Yes   5 Citations
Oregon (3103)
1/1/1998 - 12/31/1999YesJudicial     SpecificYes 1 Citations
Oregon (3042)
1/1/2000 - 1/1/2019YesJudicial  Yes  SpecificYes 7 Citations
Pennsylvania (3104)
1/1/1998 - 12/15/2002YesJudicialYesYes   Specific  6 Citations
Pennsylvania (3043)
12/16/2002 - 1/1/2019YesJudicialYesYesYes  Specific  8 Citations
Rhode Island (3105)
1/1/1998 - 6/30/2008YesJudicialYes  YesYesSpecific  3 Citations
Rhode Island (3044)
7/1/2008 - 1/1/2019YesJudicialYesYes YesYesSpecific  9 Citations
South Dakota (3107)
1/1/1998 - 6/30/2000Yes     Specific  3 Citations
South Dakota (3046)
7/1/2000 - 1/1/2019YesJudicial     Specific Yes9 Citations
Texas (3109)
1/1/1998 - 8/31/2005YesJudicial   Yes Specific  5 Citations
Texas (3048)
9/1/2005 - 1/1/2019YesJudicial  YesYes Specific  8 Citations
Utah (3110)
1/1/1998 - 5/11/2009YesJudicialYes  YesYesSpecific Yes
Utah (3049)
5/12/2009 - 6/30/2009YesJudicialYes  YesYesSpecificYesYes17 Citations
Utah (3061)
7/1/2009 - 1/1/2019YesJudicialYes YesYesYesSpecificYesYes19 Citations
Vermont (3112)

Vt. Stat. Ann. tit.7, § 602 provides that selling or furnishing to a person exhibiting "a liquor control identification card, a valid photographic operator's license or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport" is prima facie evidence of the licensee's compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors. This provision appears to provide licensees at least limited protection from prosecution, although the statutory language is unclear regarding how the provision is to be applied. APIS has not interpreted this provision as providing the retailer an affirmative defense related to his or her belief that the minor was 21 years of age or older.

1/1/1998 - 6/30/2000YesYes      1 Citations
Vermont (3050)

Vermont has two statutes regarding affirmative defenses. First, under Vt. Stat. Ann. tit. 7, § 658, an employee of a licensee or of a state-contracted liquor agency charged with underage furnishing may plead as an affirmative defense that the employee carefully viewed specified photographic identification, that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase, and that the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages. APIS has interpreted the "good faith" and "reasonable belief" requirement as providing the employee a defense for reasonable reliance on an apparently valid ID. Second, Vt. Stat. Ann. tit.7, § 602 provides that selling or furnishing to a person exhibiting "a liquor control identification card, a valid photographic operator's license or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport" is prima facie evidence of the licensee's compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors. The first provision amounts to a specific affirmative defense for state store employees and employees of retail licensees. The second provision applies to licensees and appears to provide them at least limited protection from prosecution, although the statutory language is unclear regarding how the provision is to be applied.

7/1/2000 - 6/30/2008YesYes  Yes Specific  9 Citations
Vermont (3060)

Vermont has two statutes regarding affirmative defenses. First, under Vt. Stat. Ann. tit. 7, § 658, an employee of a licensee or of a state-contracted liquor agency charged with underage furnishing may plead as an affirmative defense that the employee carefully viewed specified photographic identification, that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase, and that the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages. APIS has interpreted the "good faith" and "reasonable belief" requirement as providing the employee a defense for reasonable reliance on an apparently valid ID. Second, Vt. Stat. Ann. tit.7, § 602 provides that selling or furnishing to a person exhibiting "a valid authorized form of identification," which means a valid photographic operator's license, enhanced driver's license, or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport or passport card bearing the photograph and signature of the individual is prima facie evidence of the licensee's compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors. The first provision amounts to a specific affirmative defense for state store employees and employees of retail licensees. The second provision applies to licensees and appears to provide them at least limited protection from prosecution, although the statutory language is unclear regarding how the provision is to be applied.

7/1/2008 - 1/1/2019Yes   Yes Specific  8 Citations
West Virginia (3115)
1/1/1998 - 6/8/2000YesAdmin     General  6 Citations
West Virginia (3056)
6/9/2000 - 6/5/2003YesAdmin   Yes General  8 Citations
West Virginia (3053)
6/6/2003 - 1/1/2019YesAdmin  YesYes General  9 Citations
Wisconsin (3114)
1/1/1998 - 12/13/2013YesJudicialYesYes YesYesSpecific  8 Citations
Wisconsin (3054)
12/14/2013 - 1/1/2019YesJudicialYesYes YesYesSpecificYes 9 Citations