Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §4-241 L-N, misrepresenting your age through any form of ID or false driver’s license in order to purchase alcohol or get into a bar is a crime. It is also a crime merely to possess a fake ID.
Lastly, even if you have a real driver’s license, from another person who is over the age of twenty-one, this also fits to this statute.
Possible Punishment for A.R.S. §4-241
Using a fake ID is a class one (1) misdemeanor in the State of Arizona. Class one (1) misdemeanor carries a range of possible punishment which includes probation, a maximum punishment of six months in jail, and a $2,500 fine with an 84% surcharge.
In addition to the possibility of probation and jail, per A.R.S. §8-3309, your license could be suspended for six-months on a first conviction, and twelve-months for a second or subsequent, conviction.
Possible Defenses for False ID
Believe it or not, the most common defenses for MVD purposes is that the fake ID wasn’t actually used to get inside of the bar. Many times, people possess fake IDs and get waived through by the bouncers to go into a bar. However, if the police come in later or if they stop you walking out of the bar, they will ask to see your ID. At this point, “No Reasonable Suspicion to Stop” is the most common defense that is utilized. Police are not allowed to merely stop you and have you produce your ID unless they have reasonable suspicion which they can articulate as to what crime may have been committed. Most of the time, the officers simply ask, “How old are you?” Then asked to see ID. This can be highly improper.
Because of the potential to have a case thrown out for a “bad stop,” many prosecutors are willing to offer some type of diversion dismissal which includes some alcohol classes. This results in no conviction being placed on your record. Also, it prevents the MVD from becoming involved, which can help you avoid a six-month license suspension.
Additionally, because our law firm fights convictions from all angles, we would assert a wide range of defenses and challenges regarding constitutional violations which can apply in all criminal cases. The possibilities are numerous and diverse. One of those that we frequently assert is a “Miranda Rights Violation.” In Arizona, the standard of whether any incriminating statement, (i.e., a statement which intends to admit guilt) is only admissible into evidence based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or an inculpatory statement, or that they did not properly read your Miranda rights, then we can suppress those statements and have any evidence gathered as a direct result of those statements. In addition, “Denial of Right to Counsel,” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied that request and the questioning continues.
Other defenses which can be used in more serious cases may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, urine testing; finger-print analysis; DNA testing; ballistics; gun-shot residue testing; computer analysis/cloning hard-drive procedures; forensic and financial accounting reviews; etc.
Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo lineups and witness identification procedures, and inaccurate crime-scene reconstruction.
It is very important to hire a skilled Fake ID lawyer to defend you who has knowledge of all the possible defenses to assert in your case. Before speaking with other lawyers, check out our False ID victories page.