What happens if I am caught with a fake ID or alcohol under 21 in Florida?

These cases tend to start the same way: a bouncer on Clematis Street in West Palm Beach looks hard at an out-of-state license, Fort Lauderdale police find a cooler in a 19-year-old's car, or campus police near Florida Atlantic University in Boca Raton break up a party. What follows can be a small misdemeanor or a felony, and the difference is usually the card, not the drink. The general misdemeanor process is on our misdemeanor charges in South Florida page; this page sorts out the separate underage alcohol and ID charges and how they move in local courts.

Which charges can come from a fake ID or a drink under 21?

Four different statutes are in play, and people are often charged under more than one at the same time.

• Possessing alcohol under 21. Section 562.111(1) makes it unlawful for anyone under 21 to have alcoholic beverages in his or her possession. A first conviction is a second-degree misdemeanor; a further violation after a conviction is first degree.
• Buying, or lying about age to buy. Section 562.11(2) makes it unlawful for anyone under 21 to purchase or attempt to purchase alcohol, and for anyone to misrepresent his or her age, or someone else's, to get a licensee to sell or serve alcohol to a person under 21. It is a second-degree misdemeanor (s. 562.11(2)(a)).
• Using someone else's real license. Displaying, or representing as your own, a driver license that was not issued to you is a second-degree misdemeanor under s. 322.32(3). Lending your license to someone else, or knowingly letting them use it, is the same offense (s. 322.32(2), (5)).
• Having a fake card. Knowingly possessing or displaying a blank, forged, stolen, fictitious, counterfeit or unlawfully issued driver license or ID card, or any instrument "in the similitude" of one, is a third-degree felony (s. 322.212(1)(a) to (c), (6)).

That last point is the one most families do not expect. A store-bought or online fake that looks like a Florida or out-of-state license is charged under the same felony provision as a forged one, because the statute covers licenses and ID cards from "any state or jurisdiction" recognized in Florida (s. 322.212(1)).

How serious is each charge?

The ceilings come from ss. 775.082 and 775.083. Notice how the law treats an altered real license differently from a fake one: changing the date of birth on your own genuine card is a second-degree misdemeanor, while a counterfeit card is a felony (s. 322.212(6)). What the card actually is, and what the State can prove about how it was made, can change the whole case.

What does the State have to prove about a fake ID?

Section 322.212(1) requires that the person "knowingly" possess or display the card. Knowledge is usually argued from the facts: whose photo is on it, whether it was in the person's own wallet, whether it was handed to a bouncer or found in a shared car. The statute also says it does not prohibit possessing or displaying another person's license or ID card "for a lawful purpose" (s. 322.212(1)). A sibling's license left in a glove box is not the same as a fake with your photo and someone else's birth year.

Any law enforcement agency may investigate these cases, including the Division of Alcoholic Beverages and Tobacco (s. 322.212(1)). Bars and stores have their own reason to check cards: a seller charged with serving a minor has a complete defense if the buyer falsely showed proof of age, looked 21 or older to a prudent person, and the seller carefully checked a license, ID card, passport or military ID in good faith (s. 562.11(1)(d)). That is why many cards are confiscated at the door and handed to police.

For the alcohol charges, possession is the key word. A cup in hand is easy for the State; a cooler in a car with four passengers is not. Section 562.111 also has narrow exceptions: a person 18 or older employed to sell, prepare or serve alcohol on licensed premises, and a culinary student 18 or older who only tastes, under an instructor's control, as part of a required course (s. 562.111(1), (2)).

Does a fake ID or underage drinking charge affect a driver license?

The current statutes are more limited here than many people assume. Section 562.111 itself carries no license suspension. Section 322.056, the statute that requires a 6-month license revocation or delay for a person under 18, is written for violations of chapter 893, the drug laws, and its text does not list the alcohol or ID offenses on this page. For a minor caught with drug items, that rule is covered in whether drug paraphernalia is a crime in Florida.

Driving is a different matter. A driver under 21 with a breath or blood alcohol level of 0.02 or higher faces an administrative suspension under s. 322.2616, separate from any criminal charge, explained in what happens if a driver under 21 is stopped after drinking. And a court sentencing someone who used a Florida license or ID card to buy alcohol may order up to 40 hours of public service (s. 562.11(2)(c)).

How does the case move in South Florida?

1. Age decides the track. A person under 17 who buys or tries to buy alcohol is handled in circuit court as a juvenile delinquent (s. 562.11(2)(b)). Each judicial circuit must run a prearrest delinquency citation program for misdemeanors, with its own list of qualifying offenses (s. 985.12(2)). See whether a child can get a civil citation instead of an arrest. When a minor is taken into custody instead, the steps are in what happens after a juvenile arrest in Palm Beach or Broward.
2. Adults 18 to 20. The alcohol and borrowed-license charges are misdemeanors, often handled with a notice to appear (Rule 3.125) and heard in county court (s. 34.01). A counterfeit-ID charge is a felony filed in circuit court (s. 26.012). A person who is booked sees a judge within 24 hours (Rule 3.130(a)).
3. Palm Beach. Under Administrative Order 4.603, Southern Region cases, including citations needing a hearing from Boca Raton, Delray Beach and Boynton Beach police and from Florida Atlantic University, are heard at the South County Courthouse, 200 West Atlantic Avenue, Delray Beach. Northern cases go to the North County Courthouse in Palm Beach Gardens and central cases to the main courthouse in West Palm Beach.
4. Broward. County criminal judges sit at the Central Courthouse in Fort Lauderdale and at satellite courthouses in Hollywood, Plantation and Deerfield Beach. The Misdemeanor Diversion Program is for first-time offenders, decided at arraignment, at $150 per defendant with no refunds, and Felony Pre-Trial Intervention accepts defendants charged with a qualifying third-degree felony.
5. Miami-Dade and Martin. Miami-Dade misdemeanors are heard at the Gerstein Justice Building and branch courts, where the State Attorney's Pre-Trial Diversion drops the charges on completion; Martin County cases are heard at the courthouse at 100 SE Ocean Blvd in Stuart.
6. Statewide pretrial intervention. A first offender charged with a misdemeanor or a third-degree felony may be admitted with the consent of the program administrator, the victim, the State Attorney and the judge (s. 948.08(2)).

Delray Beach court dates are described in what to expect at the South County Courthouse. Diversion rules by county are compared in pretrial diversion in Palm Beach and Broward.

What changes the answer?

• What the card is. A counterfeit or fictitious card is a felony; an altered birth date on a real card, or a borrowed real license, is a misdemeanor (ss. 322.212(5)(b), (6), 322.32(3)).
• Whether it was used. Merely having a counterfeit card in a wallet is enough under s. 322.212(1)(a), but using any card to buy alcohol adds s. 562.11(2) and its public service option.
• Age. Under 17, a purchase charge is handled as a juvenile delinquency matter (s. 562.11(2)(b)); under 18, civil citation programs may apply (s. 985.12).
• A prior conviction. A second alcohol possession conviction is first degree (s. 562.111(1)).
• Selling or making cards. Offering fake IDs to friends is a felony (s. 322.212(1)(d)), and the equipment to make them is a second-degree felony (s. 831.29).
• Sentencing on the felony. A third-degree false-ID charge is not a forcible felony (s. 776.08), so with 22 or fewer scoresheet points the court must impose a nonstate prison sanction unless it finds in writing that this could present a danger to the public (s. 775.082(10)).
• The plea. A withhold of adjudication may keep the record sealable later, which is explained in what a withhold of adjudication means.

A worked example

For example, picture a hypothetical 19-year-old college student, with no record, who hands a Delray Beach bar a card that shows his photo and a fake out-of-state birth date. The doorman keeps the card and calls police. He is charged with possessing a counterfeit license under s. 322.212(1)(a), a third-degree felony, and, because he ordered a drink, attempting to buy alcohol under 21 under s. 562.11(2), a second-degree misdemeanor. His friend, who is 21 and bought him a beer earlier at another bar, could face a separate charge under s. 562.11(1)(a). Because the felony is filed in circuit court, the student's first question is whether he qualifies for pretrial intervention under s. 948.08(2), which covers third-degree felonies for first offenders. If the card had been his own real license with the year scratched and changed, the charge would instead be a second-degree misdemeanor (s. 322.212(5)(b), (6)). This is a hypothetical illustration of the statutes, not a client's case or a prediction of any result.

Common mistakes in these cases

• Treating a fake ID charge like a ticket. A counterfeit card is a felony, and the paperwork may say s. 322.212 even when the night felt minor.
• Explaining to the officer where the card came from or who made others, which can turn a possession case into a sale or manufacture case.
• Ignoring the court date because the person has gone back to school out of county or out of state, which leads to a warrant (Rule 3.125(h)); see what happens if you miss a court date.
• Pleading guilty at the first appearance to "get it over with" before checking whether the plea would bar sealing (s. 943.059(1)(b)).
• Driving after drinking the same night. A 0.02 reading under 21 starts a separate license case (s. 322.2616).
• Ordering a replacement card, or another fake, while the case is open.

What to do this week

1. Read the statute numbers on the notice to appear or booking sheet: s. 562.111, s. 562.11, s. 322.32 or s. 322.212.
2. Write down where you were, who checked the card, and who was with you.
3. Do not try to get the card back or contact the bar or store.
4. Calendar the court date and courthouse, even if you live elsewhere now.
5. Gather school and work records that may help with a diversion request.
6. Talk with a defense lawyer before arraignment, especially if the charge is the felony under s. 322.212.

Frequently asked questions

Is having a fake ID a felony in Florida?

Yes, knowingly possessing a counterfeit, fictitious or forged driver license or ID card is a third-degree felony with a maximum of 5 years (ss. 322.212(1), (6), 775.082(3)(e)). Altering the birth date on your own real card is a second-degree misdemeanor.

Is drinking under 21 a crime, or just a ticket?

Possessing alcohol under 21 is a criminal misdemeanor in Florida, second degree for a first conviction (s. 562.111(1)). It creates a court case and a record, not a civil fine.

Does underage drinking suspend my driver license?

The possession statute itself does not suspend a license, and the under-18 revocation in s. 322.056 is written for drug offenses. A driving stop with a 0.02 or higher reading under 21 is different and leads to an administrative suspension (s. 322.2616).

What happens to the friend who bought the drinks?

Giving or serving alcohol to a person under 21 is a second-degree misdemeanor, and first degree for another violation within 1 year of a conviction (s. 562.11(1)(a)).

Can an underage witness get immunity?

A person under 21 who testifies against someone else charged under s. 562.11 may, at the prosecutor's discretion, be given immunity for what that testimony reveals (s. 562.11(3)). That decision belongs to the State, not the witness.

Can these charges be sealed?

None of these offenses is on the list of records barred from sealing (s. 943.0584). Whether a particular record can be sealed depends on how the case ends and on the person's history, as set out in whether you are eligible to seal or expunge.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida courts. In a fake ID or underage drinking case, he looks at exactly which statute was charged, whether the State can prove knowing possession, what the card actually is, whether diversion or a civil citation fits, and how each possible plea would affect a young person's record. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

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