Underage Drinking

False Identification for Obtaining Alcohol

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

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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
AK (Alaska)
1/1/1998 - 9/26/2004Yesadmin.   Yes general  6 Citations
AK (Alaska)
9/27/2004 - 1/1/2017Yesadmin.   Yes generalYes 8 Citations
AZ (Arizona)
1/1/1998 - 8/11/2005Yesboth   Yes none  7 Citations
AZ (Arizona)
8/12/2005 - 9/18/2007Yesboth  YesYes none  8 Citations
AZ (Arizona)
9/19/2007 - 1/1/2017Yesboth  YesYes specific  8 Citations
AR (Arkansas)

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 none  4 Citations
AR (Arkansas)

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 - 1/1/2017YesjudicialYesYes Yes none Yes5 Citations
CA (California)
1/1/1998 - 12/31/1998YesjudicialYes  Yes specific  7 Citations
CA (California)
1/1/1999 - 1/1/2017YesjudicialYes  YesYesspecific  11 Citations
CT (Connecticut)
1/1/1998 - 9/30/2001Yesjudicial   Yes specific  8 Citations
CT (Connecticut)
10/1/2001 - 1/1/2017Yesjudicial  YesYes specific  10 Citations
DC (District of Columbia)

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  7 Citations
DC (District of Columbia)

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 - 1/1/2017Yesjudicial     specific  4 Citations
GA (Georgia)

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  5 Citations
GA (Georgia)

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 - 1/1/2017Yesnone   YesYesspecific  5 Citations
HI (Hawaii)

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 - 12/31/2006Yesnone   Yes general  5 Citations
HI (Hawaii)

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 - 1/1/2017Yesjudicial   Yes general  7 Citations
ID (Idaho)

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 YesYesnone  5 Citations
ID (Idaho)

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 - 1/1/2017YesjudicialYesYes Yes none  5 Citations
IN (Indiana)
1/1/1998 - 12/31/2001YesjudicialYes    general  7 Citations
IN (Indiana)
1/1/2002 - 6/30/2014YesjudicialYes  Yes general  8 Citations
IN (Indiana)
7/1/2014 - 6/30/2016YesnoneYes  Yes general  10 Citations
IN (Indiana)

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 - 1/1/2017YesnoneYes  YesYesgeneral  9 Citations
ME (Maine)

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 - 9/20/2001YesnoneYes  YesYesnone  6 Citations
ME (Maine)

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 - 1/1/2017YesjudicialYes  YesYesnone  8 Citations
MN (Minnesota)
1/1/1998 - 7/31/2000YesjudicialYes  Yes specific  3 Citations
MN (Minnesota)
8/1/2000 - 1/1/2017YesjudicialYes  YesYesspecific  5 Citations
MS (Mississippi)
1/1/1998 - 4/10/2002Yesnone   Yes specific  6 Citations
MS (Mississippi)
4/11/2002 - 12/31/2004Yesjudicial   Yes specific  6 Citations
MS (Mississippi)

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 - 1/1/2017Yesjudicial     specific  4 Citations
MO (Missouri)
1/1/1998 - 8/27/2005Yesjudicial Yes Yes specific  8 Citations
MO (Missouri)
8/28/2005 - 1/1/2017YesjudicialYesYes Yes specific  12 Citations
NE (Nebraska)
1/1/1998 - 7/14/2010Yesnone Yes Yes specific  4 Citations
NE (Nebraska)
7/15/2010 - 1/1/2017Yesnone YesYesYes specific  6 Citations
NH (New Hampshire)

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  6 Citations
NH (New Hampshire)

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
NH (New Hampshire)

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 - 1/1/2017YesjudicialYes  Yes specificYes 8 Citations
NY (New York)
1/1/1998 - 8/31/1999Yesjudicial   Yes specific  5 Citations
NY (New York)
9/1/1999 - 1/1/2017Yesjudicial  YesYes specific  6 Citations
NC (North Carolina)
1/1/1998 - 11/13/2001YesjudicialYes  YesYesspecific  6 Citations
NC (North Carolina)
11/14/2001 - 1/1/2017YesjudicialYes YesYesYesspecific  9 Citations
ND (North Dakota)
1/1/1998 - 7/31/2011Yesnone   Yes specific  4 Citations
ND (North Dakota)
8/1/2011 - 1/1/2017Yesnone   YesYesspecific  8 Citations
OH (Ohio)
1/1/1998 - 9/20/2000Yesadmin.YesYes Yes specific  9 Citations
OH (Ohio)
9/21/2000 - 1/1/2017Yesadmin.YesYesYesYes specific  17 Citations
OK (Oklahoma)
1/1/1998 - 6/30/2006Yesjudicial   Yes none  2 Citations
OK (Oklahoma)

Beginning July 1, 2006, 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 none  6 Citations
OK (Oklahoma)

Beginning July 1, 2006, 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 - 1/1/2017Yesjudicial   Yes none  5 Citations
OR (Oregon)
1/1/1998 - 12/31/1999Yesjudicial     specificYes 4 Citations
OR (Oregon)
1/1/2000 - 1/1/2017Yesjudicial  Yes  specificYes 10 Citations
PA (Pennsylvania)
1/1/1998 - 12/15/2002YesjudicialYesYes   specific  8 Citations
PA (Pennsylvania)
12/16/2002 - 1/1/2017YesjudicialYesYesYes  specific  8 Citations
RI (Rhode Island)
1/1/1998 - 6/30/2008YesjudicialYes  YesYesspecific  6 Citations
RI (Rhode Island)
7/1/2008 - 1/1/2017YesjudicialYesYes YesYesspecific  9 Citations
SD (South Dakota)
1/1/1998 - 6/30/2000Yesnone     specific  4 Citations
SD (South Dakota)
7/1/2000 - 1/1/2017Yesjudicial     specific Yes12 Citations
TX (Texas)
1/1/1998 - 8/31/2005Yesjudicial   Yes specific  7 Citations
TX (Texas)
9/1/2005 - 1/1/2017Yesjudicial  YesYes specific  8 Citations
UT (Utah)
1/1/1998 - 5/11/2009YesjudicialYes  YesYesspecific Yes10 Citations
UT (Utah)
5/12/2009 - 6/30/2009YesjudicialYes  YesYesspecificYesYes17 Citations
UT (Utah)
7/1/2009 - 1/1/2017YesjudicialYes YesYesYesspecificYesYes33 Citations
VT (Vermont)

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 - 6/30/2000YesnoneYes    none  4 Citations
VT (Vermont)

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 - 6/30/2008YesnoneYes  Yes specific  10 Citations
VT (Vermont)

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 - 1/1/2017Yesnone   Yes specific  7 Citations
WV (West Virginia)
1/1/1998 - 6/8/2000Yesadmin.     general  6 Citations
WV (West Virginia)
6/9/2000 - 6/5/2003Yesadmin.   Yes general  8 Citations
WV (West Virginia)
6/6/2003 - 1/1/2017Yesadmin.  YesYes general  9 Citations
WI (Wisconsin)
1/1/1998 - 12/13/2013YesjudicialYesYes YesYesspecific  8 Citations
WI (Wisconsin)
12/14/2013 - 1/1/2017YesjudicialYesYes YesYesspecificYes 9 Citations