Underage Drinking: False Identification for Obtaining Alcohol

This policy topic is included in the APIS Highlight on Underage Drinking section. The Highlight's Overview of Underage Drinking Policy in the United States provides additional context that may be helpful in understanding this policy topic. State-by-State summaries of eleven underage drinking policy topics are available in the State Profiles of Underage Drinking Laws section. Maps and charts for all of these policy topics are collected on a single page to provide a more comprehensive graphical overview of underage policies.

(Period Covered: 1/1/1998 through 1/1/2012)

This policy topic covers laws prohibiting the use of false identification by minors to obtain alcohol.  

Retailers are responsible for insuring that sales of alcoholic beverages are made only to persons who are legally permitted to purchase alcohol.  Inspecting government-issued identification (driver's license, non-driver identification card, passport, military identification) is one major mechanism for insuring that buyers meet minimum age requirements.  In attempting to circumvent these safeguards, minors may obtain and use apparently valid identification that falsely states their age as 21 or over.  Age may be falsified by altering the birthdate on a valid identification, obtaining an invalid identification card that appears to be valid, or using someone else's identification.

Compliance check studies suggest that underage drinkers may have little need to use false identification because retailers often make sales without any inspection of identification [1]. However, concerns about false identification remain high among educators, law enforcement officials, retailers, and government officials. Current technology, including high quality color copiers and printers, has made false identification easier to fabricate, and the Internet provides ready access to a large number of false identification vendors.

All States prohibit use of false identification by minors to obtain alcohol.  In addition to the basic prohibitions, States have adopted a variety of legal provisions pertaining to false identification for obtaining alcohol.  These provisions can be divided into three basic categories:

• Provisions that target minors who possess and use false identification to obtain alcohol
• Provisions that target those who supply minors with false identification, either through lending of a valid ID or the production of invalid ("fake") IDs
• Provisions that assist retailers in avoiding sales to potential buyers who present false identification

Government-issued IDs are used for a number of age-related purposes other than the purchase of alcohol: registering to vote, enlisting in the military, entering certain entertainment venues, etc.  APIS confines its analysis to statutes and regulations relating to the use of false identification for the purpose of obtaining alcohol.

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[1] Wagenaar, A.C., Toomey, TL. Murray. DJ., Short, B.J, Wolfson, M, Jones-Webb, R. Sources of alcohol for underage drinkers. Journal of Studies on Alcohol, 57(3):325-333,1996.

Explanatory Notes and Limitations Specifically Applicable to False Identification for Obtaining Alcohol

1. States are coded as prohibiting false identification when it is a criminal offense to make a false statement regarding one's age when attempting to purchase alcohol, even if regulations and statutes do not specifically mention false identification. This coding is justified because using a false ID is subsumed under the violation of "making a false statement regarding one's age."
    
2. This review does not address the following issues related to False Identification:
   
   
   • Provisions that impose license suspension only for second and subsequent offenses, or only for failure to successfully complete a diversion program, or only as a condition of probation.
   • Provisions that prohibit making a false statement to a State's licensing authority for the purpose of obtaining a driver's license or other identification document.
   • Provisions that provide an affirmative defense to the retailer only in civil liability (dram shop) causes of action, where a third party sues the retailer for damages that resulted from the retailer providing alcohol to a minor.
   • Provisions that would grant immunity to a retailer for notifying authorities of a violation or suspected violation relating to underage purchase or use of false ID.
   • Provisions that authorize license sanctions for alcohol-related offenses other than possession, consumption, or purchase, e.g., "intoxication," "drunkenness," or being "under the influence."
      
3. For "Lend/Transfer/Sell" and "Produce," APIS collects only provisions that specifically refer to age 21 or that apply to the context of alcoholic beverage sales, and does not collect general prohibitions against producing, altering, lending, transferring, or selling licenses or identification cards. In this case, "context" can include a provision's particular location in a statutory or regulatory code. For these variables, APIS does not include provisions that apply only to minors falsifying identification.
    
4. Jurisdictions may require retailers to use reasonable care in asking for and inspecting the valid or proper identification provided by customers, where "valid identification" or "proper identification" are defined in terms of the official form of identification issued by the appropriate government agency. In these situations (and in the absence of provisions establishing liability notwithstanding use of reasonable care), APIS interprets the reasonable care requirement as providing the retailer a defense for reasonable reliance on an apparently valid ID.
    
5. Provisions dealing with "youth" or "probationary" driver's licenses are not used to code the "Distinctive Licenses" variable unless these provisions otherwise require such licenses to be visually distinctive and distinguishable from licenses for persons 21 and over.
    
6. Some States have provisions that make it a criminal offense to aid or abet a violation of the laws against underage purchase or possession, including a minor's use of false identification. These provisions could be interpreted as prohibiting a person from producing, lending, transferring, or selling a false ID. However, APIS does not code aiding and abetting provisions under "Lend/Transfer/Sell" or "Produce."
    
7. For "Detention of Minor," APIS includes only provisions that are specific to detaining minors suspected of using false identification in the context of purchasing alcohol. General police powers granted to liquor control employees in control States have not been examined by APIS (see Alcohol Control Systems).

 Explanatory Notes and Limitations Applicable to All APIS Policy Topics

1. State law may permit local jurisdictions to impose requirements in addition to those mandated by State law. Alternatively, State law may prohibit local legislation on this topic, thereby preempting local powers. APIS does not document policies established by local governments.
    
2. In addition to statutes and regulations, judicial decisions (case law) also may affect alcohol-related policies. APIS does not review case lawexcept to determine whether judicial decisions have invalidated statutes or regulations that would otherwise affect the data presented in the comparison tables.
    
3. APIS reviews published administrative regulations. However, administrative decisions or directives that are not included in a State's published regulatory codes may have an impact on implementation. This possibility has not been addressed by the APIS research.
    
4. Statutes and regulations cited in tables on this policy topic may have been amended or repealed after the specific date or time period specified by the site user's search criteria.
    
5. A comprehensive understanding of the data presented in the comparison tables for this policy topic requires examination of the applicable Row Notes and Jurisdiction Notes, which can be accessed from the body of the table via links in the Jurisdiction column.

(Policies in effect on: 1/1/2012)

The Federal Government issues a variety of national identification documents including passports and military identification. However, no Federal law addresses the use of these identifications for the purchase of alcohol. Similarly, research revealed no Federal law addressing the production or distribution of false identification for the specific purpose of obtaining alcohol.

Licensing of drivers has traditionally been considered a matter reserved to State control under the Tenth Amendment to the U.S. Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". On May 11, 2005, however, President Bush signed into law the REAL ID Act of 2005, part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Pub. L. No. 109-13, 119 Stat. 231 (2005), which, inter alia, requires that Federal agencies not accept, for any official purpose, State-issued driver's licenses or identification cards after May 11, 2008, unless the State has been certified to meet certain Federal requirements. See id. at Title II, §§ 201-207.
 
In 1988, the Federal Government created an incentive grant program to encourage States to adopt and implement measures to reduce traffic safety problems resulting from alcohol abuse. Among the qualifying measures are those that would require the issuance of distinctive drivers' licenses to individuals under age 21 as well as the issuance of drivers' licenses that are tamper resistant. 23 U.S.C. § 410; 23 C.F.R. § 1313.6.  

Federal regulations provide for the suspension or revocation of military installation driving privileges for permitting an unlawful or fraudulent use of an official driver's license. 32 C.F.R. § 634.43.
 
 
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS

Public Law 109-13

109th Congress

An Act Making Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005, and for other purposes.
 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
 
* * * 

In this title, the following definitions apply:
 

(1) Driver's license. - The term `driver's license' means a motor vehicle operator's license, as defined in section 49 U.S.C. § 30301 of title 49, United States Code.
 
(2) Identification card. - The term `identification card' means a personal identification card, as defined in section 18 U.S.C. § 1028(d) of title 18, United States Code, issued by a State.
 
(3) Official purpose. - The term `official purpose' includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine.
 
(4) Secretary. - The term `Secretary' means the Secretary of Homeland Security.
 
(5) State. - The term `State' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.

SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.
 
(a) Minimum Standards for Federal Use. -
 
(1) In general. - Beginning 3 years after the date of the enactment of this division, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section.
 
(2) State certifications. - The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, in consultation with the Secretary ofTransportation, may prescribe by regulation.
 
(b) Minimum Document Requirements. - To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:
 
(1) The person's full legal name.
 
(2) The person's date of birth.
 
(3) The person's gender.
 
(4) The person's driver's license or identification card number.
 
(5) A digital photograph of the person.
 
(6) The person's address of principle residence.
 
(7) The person's signature.
 
(8) Physical security features designed to prevent tampering,counterfeiting, or duplication of the document for fraudulent purposes.
 
(9) A common machine-readable technology, with defined minimum data elements.
 
(c) Minimum Issuance Standards. -
 
(1) In general. - To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card to a person:
 
(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth.
 
(B) Documentation showing the person's date of birth.
 
(C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number.
 
(D) Documentation showing the person's name and address of principal residence.
 
(2) Special requirements. -
 
(A) In general. - To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.
 
(B) Evidence of lawful status. - A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person -
 
(i) is a citizen or national of the United States;
 
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
 
(iii) has conditional permanent resident status in the United States;
 
(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;
 
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
 
(vi) has a pending application for asylum in the United States;
 
(vii) has a pending or approved application for temporary protected status in the United States;
 
(viii) has approved deferred action status; or
 
(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
 
(C) Temporary drivers' licenses and identification cards. -
 
(i) In general. - If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver's license or temporary identification card to the person.
 
(ii) Expiration date. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, aperiod of one year.
 
(iii) Display of expiration date. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.
 
(iv) Renewal. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver's license or temporary identification card has been extended by the Secretary of Homeland Security.
 
(3) Verification of documents. - To meet the requirements of this section, a State shall implement the following procedures:
 
(A) Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).
 
(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).
 
(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat.
3009-664), to verify the legal presence status of a person, other than aUnited States citizen, applying for a driver's license or identification card.
 
(d) Other Requirements. - To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers' licenses and identification cards:
 
(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.
 
(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.
 
(3) Subject each person applying for a driver's license or identification card to mandatory facial image capture.
 
(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
 
(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver's license or identification card, the State shall resolve the discrepancy and take appropriate action.
 
(6) Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another State without confirmation that the person is terminating or has terminated the driver's license.
 
(7) Ensure the physical security of locations where drivers' licenses and identification cards are produced and the security of document materials and papers from which drivers' licenses and identification cards are produced.
 
(8) Subject all persons authorized to manufacture or produce drivers' licenses and identification cards to appropriate security clearance requirements.
 
(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers' licenses and identification cards.
 
(10) Limit the period of validity of all driver's licenses andidentification cards that are not temporary to a period that does not exceed 8 years.
 
(11) In any case in which the State issues a driver's license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card -
 
(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and
 
(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.
 
(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
 
(13) Maintain a State motor vehicle database that contains, at a minimum -
 
(A) all data fields printed on drivers' licenses and identification cards issued by the State; and
 
(B) motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.

SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.

(a) Criminal Penalty.--Section 1028(a)(8) of title 18, United States Code, is amended by striking ``false authentication features'' and inserting ``false or actual authentication features''.

(b) Use of False Driver's License at Airports.--

(1) In general.--The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver's license at an airport (as such term is defined in section 40102 of title 49, United States Code).

(2) False defined.--In this subsection, the term ``false'' has the same meaning such term has under section 1028(d) of title 18, United States Code.

SEC. 204. GRANTS TO STATES.

(a) In General.--The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title.

(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.

SEC. 205. AUTHORITY.

(a) Participation of Secretary of Transportation and States.--All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.

(b) Extensions of Deadlines.--The Secretary may grant to a State an  extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.

SEC. 206. REPEAL.

Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is repealed.

SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code.

* * *

1. Martinez, J.A., Rutledge, P.C., and Sher, K.J. Fake ID ownership and heavy drinking in underage college students: Prospective findings. Psychology of Addictive Behaviors 21(2):226-232, 2007.
    
2. Martinez, J.A., and Sher, K.J. Methods of "fake ID" obtainment and use in underage college students. Addictive Behaviors 35(7):738-740, 2010.
    
3. Morleo, M., Cook, P.A., Bellis, M.A., and Smallthwaite, L. Use of fake identification to purchase alcohol amongst 15-16 year olds: A cross-sectional survey examining alcohol access, consumption and harm. Substance Abuse Treatment, Prevention, and Policy 5(12), 2010.
    
4. National Institute on Alcohol Abuse and Alcoholism. Young Adult Drinking. Alcohol Alert No. 68. April 2006.
    
5. National Institute on Alcohol Abuse and Alcoholism. Underage Drinking. Alcohol Alert No. 67. January 2006.
    
6. National Institute on Alcohol Abuse and Alcoholism. Focus on Young Adult Drinking. Alcohol Research & Health 28(4), 2004/2005.
    
7. National Research Council and Institute of Medicine. Reducing Underage Drinking: A Collective Responsibility. Washington, DC: The National Academies Press, 2004.
    
8. Nguyen, N., Walters, S.T., Rinker, D.V., Wyatt, T.M., and DeJong, W. Fake ID ownership in a U.S. sample of incoming first-year college students. Addictive Behaviors 36(7):759-761, 2011.