Fake ID Laws in Alabama
What actually happens if you are caught with a fake ID in Alabama. This guide explains the misdemeanor most teens are charged with, the automatic driver’s license surrender, when a fake ID becomes a felony forgery case, and how juvenile and youthful offender rules fit in. Every point is tied to the Code of Alabama.
Last reviewed: . General information, not legal advice.
What this page is not. IDS FAKE does not sell, make or recommend fake IDs, and nothing here explains how to get or use one. Our purpose is to explain the consequences honestly so that people can make better choices. If you are facing a charge, speak to an Alabama criminal defense lawyer.
Key takeaways
- The legal drinking age in Alabama is 21, even though the general age of majority in the state is 19 (Ala. Code § 28-1-5).
- Knowingly using, or even trying to use, a false or forged driver’s license to get alcohol is a misdemeanor with a fine of $50 to $500 and up to three months in jail (Ala. Code § 28-3A-25(a)(21), (b)(2)).
- On conviction, the judge must take your driver’s license for three to six months. This applies in juvenile court and under the Youthful Offender Act too (Ala. Code § 28-3A-25(c)).
- Making, altering or knowingly holding a forged government document with intent to defraud can be charged as a Class C felony, punishable by up to 10 years in prison (Ala. Code §§ 13A-9-3, 13A-9-6).
- Giving police a false name is a separate Class A misdemeanor, with up to a year in jail (Ala. Code § 13A-9-18.1).
Alabama’s Drinking Age and Why 19 Is Not Enough
Alabama has an unusual quirk. In most legal matters, you become an adult at 19, not 18 (Ala. Code § 26-1-1). That leads some 19 and 20 year olds to assume the alcohol rules relax a little for them. They do not.
Section 28-1-5 of the Code of Alabama makes it unlawful for anyone under 21 to purchase, attempt to purchase, consume, possess or transport alcohol anywhere in the state. The statute says this applies notwithstanding the general age of majority, which is the legislature’s way of closing that loophole on purpose (Ala. Code § 28-1-5, 2025).
The age of 21 is also tied to federal highway funding. Under the National Minimum Drinking Age Act, states that allow people under 21 to buy alcohol lose a share of their federal road money, which is why every state, Alabama included, holds the line at 21 (23 U.S.C. § 158).
The short version is simple. If you are under 21 in Alabama, any attempt to buy alcohol is already illegal. Adding a fake ID to that attempt creates a second, separate offense.
The Main Offense: Using a Fake License for Alcohol
The law most teens are actually charged under sits in Alabama’s alcoholic beverage code, at section 28-3A-25. It is a long list of unlawful acts, and two items on that list matter most here.
§ 28-3A-25(a)(18)
Underage purchase or possession
It is unlawful for anyone under the legal drinking age to attempt to purchase, purchase, consume, possess or transport alcohol in Alabama. Narrow exceptions exist for some licensed employees doing their jobs.
§ 28-3A-25(a)(21)
Using a fake license
It is unlawful for anyone under the legal drinking age to knowingly use, or attempt to use, a “false, forged, deceptive, or otherwise nongenuine driver license” to obtain or attempt to obtain alcohol in Alabama.
Three details in that wording are worth slowing down for.
First, an attempt is enough. The statute covers someone who attempts to use a fake license to attempt to obtain alcohol. You do not need to have walked out with a drink. Handing over a card that a clerk rejects can still complete the offense.
Second, the list of banned cards is broad. “False, forged, deceptive, or otherwise nongenuine” covers a card made from scratch, a real card that has been altered, and arguably a real card used deceptively by someone it was not issued to. Lawmakers clearly chose wide language so that people could not argue their way around it on a technicality.
Third, “scannable” does not matter. Online sellers often market so-called scannable fake IDs as if passing a barcode check makes them safer. Nothing in the statute turns on whether a card scans. A card that is not genuine is not genuine, and a scanner beeping green does not change the charge if police later look closely at it.
In practice, the two offenses often travel together. A teen who uses a fake license to buy beer can be charged with both the underage purchase under (a)(18) and the fake license under (a)(21).
Penalties at a Glance
The penalty for both underage alcohol offenses is set out in subsection (b)(2) of the same section. Each is a misdemeanor punishable by a fine of not less than $50 and not more than $500. The court may also, at its discretion, add up to three months in the county jail or at hard labor for the county (Ala. Code § 28-3A-25(b)(2), 2025).
The table below brings together the main Alabama laws that can apply in a fake ID case. Which ones are charged depends on the facts and on the prosecutor.
| Conduct | Alabama law | Level | Maximum penalty |
|---|---|---|---|
| Under 21 buying, trying to buy or possessing alcohol | § 28-3A-25(a)(18) | Misdemeanor | $50 to $500 fine, up to 3 months jail, 3 to 6 month license surrender |
| Under 21 using or trying to use a fake license to get alcohol | § 28-3A-25(a)(21) | Misdemeanor | $50 to $500 fine, up to 3 months jail, 3 to 6 month license surrender |
| Giving a false name or address to police | § 13A-9-18.1 | Class A misdemeanor | Up to 1 year jail, up to $6,000 fine |
| Assuming a false identity to gain a benefit or to defraud | § 13A-9-18 | Class B misdemeanor | Up to 6 months jail, up to $3,000 fine |
| Making or altering a government-issued document with intent to defraud | § 13A-9-3 | Class C felony | 1 year and 1 day to 10 years prison, up to $15,000 fine |
| Knowingly possessing or passing that kind of forged document with intent to defraud | § 13A-9-6 | Class C felony | 1 year and 1 day to 10 years prison, up to $15,000 fine |
| Making or possessing equipment built for forging documents | § 13A-9-9 | Class C felony | 1 year and 1 day to 10 years prison, up to $15,000 fine |
Sentence ranges for each class come from Ala. Code §§ 13A-5-6 and 13A-5-7, and maximum fines from §§ 13A-5-11 and 13A-5-12. Courts can also add costs, assessments and probation conditions.
Losing Your Real Driver’s License
For many teens, the part of the law that hurts most is not the fine. It is subsection (c).
When someone is convicted of underage purchase or possession under (a)(18), or of using a fake license under (a)(21), Alabama law requires the offender to surrender their driver’s license to the judge. The judge then suspends it for a period of not less than three months and not more than six months. The order goes to the Alabama State Law Enforcement Agency (ALEA), which enforces it (Ala. Code § 28-3A-25(c), 2025).
The legislature made a point of saying that this applies to convictions in juvenile court and under the Youthful Offender Act as well. In other words, the protections that keep a young person’s record more private do not stop the license suspension. A 17 year old in juvenile court can lose their license just as an adult defendant can.
Think about what three to six months without a license means in practice. Getting to school, a part-time job, sports practice or a college class becomes someone else’s problem, usually a parent’s. Driving during the suspension would be a fresh offense with its own penalties. And a suspension can affect car insurance costs for years afterward.
When a Fake ID Becomes a Felony
The alcohol code is not the only tool available to Alabama prosecutors. The state’s forgery laws, found in Title 13A, Chapter 9 of the Criminal Code, can also apply to fake identification documents, and they are far more serious.
Forgery in the second degree
A person commits forgery in the second degree if, with intent to defraud, they falsely make, complete or alter a written instrument that is, or appears to be, a document officially issued or created by a public office, public servant or government agency. It is a Class C felony (Ala. Code § 13A-9-3, 2025).
The Code defines a “written instrument” very broadly, as any paper, document or other instrument containing written or printed matter or its equivalent. A forged instrument is simply one that has been falsely made, completed or altered (Ala. Code § 13A-9-1). A driver’s license or state ID card is a document issued by a government agency, so on the plain words of the statute, a fake version of one can fall within this offense. That is our reading of the text; whether a particular case is charged this way is a decision for the prosecutor.
Criminal possession of a forged instrument
You do not need to have made the card yourself. Criminal possession of a forged instrument in the second degree covers anyone who knowingly possesses or utters (passes along) a forged instrument of the kind described above, with intent to defraud. It is also a Class C felony (Ala. Code § 13A-9-6, 2025).
Alabama law does stop prosecutors from punishing a person twice for both forging and possessing the same document, unless the two acts were separate transactions (Ala. Code § 13A-9-8). That limit is little comfort when either charge on its own is a felony.
Forgery devices
Making or possessing a device specifically designed or adapted for forging documents, knowing what it is and intending to use it (or let someone else use it) for forgery, is a separate Class C felony (Ala. Code § 13A-9-9, 2025). This is aimed at the people who produce fake IDs, and it is one reason why “making a few for friends” is one of the most dangerous things a student can get involved in.
What a Class C felony means
In Alabama, a Class C felony carries a prison term of at least one year and one day and up to ten years, and a fine of up to $15,000 (Ala. Code §§ 13A-5-6, 13A-5-11). A felony conviction can also affect voting rights, gun rights, professional licensing, student loans and immigration status. It is the kind of record that follows a person into every job application.
Why the line matters
A teen who flashes a fake license at a gas station is most likely to face the misdemeanor in the alcohol code. A teen found with several cards or with equipment for making them, or who sells cards to classmates, is in very different territory. The same piece of plastic can lead to a $50 fine or a felony indictment depending on the facts around it.
Borrowed IDs, False Names and Identity Theft
Some teens think borrowing an older sibling’s or friend’s real license is a safer option because the card itself is genuine. Alabama law does not see it that way.
The alcohol offense in § 28-3A-25(a)(21) is not limited to forged cards. It also covers a “deceptive, or otherwise nongenuine” license. Presenting someone else’s real license as your own is deceptive, so it can fall under the same misdemeanor and the same license suspension.
Other offenses can come into play too.
- Criminal impersonation. Assuming a false identity and acting in that identity, with intent to gain a benefit or to injure or defraud another, is a Class B misdemeanor (Ala. Code § 13A-9-18).
- Giving a false name to police. Giving a false name or address to a law enforcement officer who is doing their job, with intent to mislead them, is a Class A misdemeanor carrying up to a year in jail (Ala. Code § 13A-9-18.1). Sticking to the name on a fake card when an officer asks who you are can turn one charge into two.
- The person who lends the card. Lending your ID to someone underage can expose you as well, for example under the rule against furnishing alcohol to minors (Ala. Code § 28-3A-25(a)(3)) or as someone who helped another person commit an offense. Friends who lend IDs are rarely thinking about that risk.
One detail surprises many people. Alabama’s identity theft statute, a Class B felony, expressly does not apply when someone uses another person’s identifying information only to misrepresent their age to get alcohol, tobacco or another privilege denied to minors (Ala. Code § 13A-8-192, 2025). The legislature chose to deal with that behavior through the lower-level offenses above. That exception is narrow, though. Using a borrowed or stolen identity for anything beyond age, such as opening an account or getting a job, takes it outside the exception.
Federal Law
Most fake ID cases in Alabama are handled in state court. Federal law still sits in the background. The federal identity document fraud statute makes it a crime to knowingly produce a false identification document without lawful authority, and it treats possession of five or more false documents with intent to use or transfer them more seriously. Producing or transferring a false driver’s license can carry up to 15 years in federal prison (18 U.S.C. § 1028(a), (b)(1)).
Federal prosecution of an individual teen with one card is uncommon. It becomes a real possibility for anyone involved in making, importing or selling fake IDs, which is exactly what many online “vendors” do. Ordering a card from one of these sellers also means sending your name, photo, date of birth and payment details to an anonymous criminal operation, with no control over what happens to them next.
Juvenile Court and Youthful Offender Status
Age shapes how a fake ID case moves through the system in Alabama.
Under 18
Juvenile court
In Alabama, a “child” for juvenile court purposes is generally someone under 18 (Ala. Code § 12-15-102). Most cases involving younger teens start in juvenile court, which focuses more on rehabilitation. Even so, the license surrender in § 28-3A-25(c) still applies to a juvenile court conviction.
Older teens
Youthful Offender Act
For someone charged in adult court with a crime committed during their minority, the judge may, with the defendant’s consent, decide to treat them as a youthful offender (Ala. Code § 15-19-1). This can keep the case out of the public record and avoid a formal conviction. It is discretionary, not automatic, and it does not stop the license suspension.
These systems exist to give young people a second chance, and they often do. But they are not a free pass. A judge decides whether to grant youthful offender status, and the alcohol code makes clear that a juvenile or youthful offender finding still costs you your license.
Consequences Beyond the Courtroom
The court penalty is only one part of the picture. A fake ID incident in Alabama can ripple out in ways that last longer than a three-month suspension.
Education
School and college
Universities have their own codes of conduct. Students at Alabama colleges can face campus discipline, loss of housing or scholarships, and the end of team or Greek life membership, alongside any criminal case.
Work
Jobs and licenses
Background checks for jobs, internships, nursing, teaching, law enforcement and the military can turn up arrests and convictions. A forgery conviction is especially hard to explain because it goes to honesty.
Money
Costs add up
Fines are only the start. Court costs, a lawyer, higher insurance, lost wages while you cannot drive and reinstatement fees can cost far more than the statutory fine.
There is also the human cost. The ABC Board’s “Under Age, Under Arrest” program, which visits middle and high schools across the state, uses law enforcement officers and mothers who have lost children to alcohol to make exactly this point. The program reached more than 27,000 Alabama students in the 2024 to 2025 school year (Alabama Alcoholic Beverage Control Board, n.d.-b). The legal rules exist because underage drinking ends lives on Alabama roads every year.
What Alabama Businesses Can and Cannot Do
Bars, restaurants and stores carry their own risk when a minor gets served. Selling, furnishing or giving alcohol to anyone under 21, or letting minors drink on licensed premises, is unlawful (Ala. Code § 28-3A-25(a)(3)), and the ABC Board can suspend or revoke licenses. Under the Alabama Civil Damages Act, a seller who unlawfully furnishes alcohol to a minor can also be sued by the minor’s parent or guardian if the seller knew or should have known the buyer’s age (Ala. Code § 6-5-70).
Alabama’s answer for businesses is training. The Alabama Responsible Vendor Program is a voluntary certification run by the ABC Board. Staff learn Alabama alcohol law, legal age determination and risk-reduction techniques, and the licensee must set policies on responsible sales (Alabama Alcoholic Beverage Control Board, n.d.-a). Certification matters in law. If a trained employee of a certified vendor sells to a minor, the business’s license generally cannot be suspended or revoked for that sale unless the business knew or should have known about it, and the Board must treat certification as a reason to reduce penalties (Ala. Code § 28-10-7).
A practical point for staff: industry training materials for Alabama note that state law does not give licensees a specific power to confiscate false IDs, and advise that any card that is taken should be handed straight to local police or the ABC Board (ServSafe, n.d.). Staff should follow their employer’s policy and, when in doubt, refuse the sale. Our guide on how to spot a fake ID walks through a calm, step-by-step check.
If You Are a Teen Thinking About It
If you have landed on this page because you are thinking about getting a fake ID, it is worth being honest about the trade. On one side is getting into a bar or buying a drink a year or two early. On the other side, under Alabama law, is a criminal charge, a fine, possible jail time, three to six months without your driver’s license, and, if things go badly, a felony forgery case that can follow you for life.
The people who sell fake IDs are not taking any of that risk for you. They have your money, your photo and your personal details, and you have a card that police, bouncers and clerks are trained to catch. Some buyers simply never receive a card, and have nobody to complain to.
If you are under pressure from friends, it is fine to say no, or to blame it on your parents, your coach or your scholarship. If you are already in trouble, do not lie to police, and talk to a parent and a lawyer before you say anything about the case. If alcohol itself is becoming a problem, free and confidential help is available through the SAMHSA National Helpline at 1-800-662-4357.
Frequently Asked Questions
Is having a fake ID a crime in Alabama?
Yes. If you are under 21, knowingly using or trying to use a false, forged or otherwise nongenuine driver’s license to get alcohol is a misdemeanor under Ala. Code § 28-3A-25(a)(21). Knowingly possessing a forged government document with intent to defraud can also be charged as a Class C felony under Ala. Code § 13A-9-6.
What is the penalty for using a fake ID in Alabama?
Using a fake license to obtain alcohol is a misdemeanor with a fine of $50 to $500 and, at the court’s discretion, up to three months in jail. On conviction, the judge must also suspend your driver’s license for three to six months (Ala. Code § 28-3A-25(b)(2), (c)).
Will I lose my driver’s license for a fake ID in Alabama?
Yes, if you are convicted under the alcohol code. Alabama requires the license to be surrendered to the judge and suspended for three to six months, and this applies to convictions in juvenile court and under the Youthful Offender Act as well (Ala. Code § 28-3A-25(c)).
Can a fake ID be a felony in Alabama?
It can. Falsely making or altering a document that appears to be issued by a government agency, or knowingly possessing one, with intent to defraud, is a Class C felony under Ala. Code §§ 13A-9-3 and 13A-9-6. That carries one year and one day to ten years in prison and a fine of up to $15,000. Making or possessing forgery equipment is also a Class C felony.
I am 19, which is the age of majority in Alabama. Can I drink?
No. Although most adult rights begin at 19 in Alabama, Ala. Code § 28-1-5 sets the drinking age at 21 and expressly overrides the general age of majority for alcohol.
Is using my older sibling’s real ID still illegal?
Yes. The Alabama offense covers any “deceptive, or otherwise nongenuine” license used to get alcohol, not only forged ones. You could also face criminal impersonation charges, and your sibling could face consequences for helping a minor get alcohol.
Does a scannable fake ID change anything legally?
No. Alabama law does not care whether a card scans. A scannable fake ID is still a false or forged document, and using it carries exactly the same penalties as any other fake.
Can a bar or store in Alabama keep my fake ID?
Alabama law does not give licensees a specific power to confiscate false IDs, but some businesses take them anyway. Industry guidance advises that any card taken should be handed straight to local police or the Alabama ABC Board, so a seized fake ID can easily end up as evidence.
References
- Alabama Alcoholic Beverage Control Board. (n.d.-a). Responsible Vendor Program. alabcboard.gov
- Alabama Alcoholic Beverage Control Board. (n.d.-b). Under Age, Under Arrest. alabcboard.gov
- Ala. Code § 6-5-70 (2025). Civil action against person unlawfully furnishing liquor to minors. law.justia.com
- Ala. Code § 12-15-102 (2025). Juvenile court definitions. law.justia.com
- Ala. Code §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12 (2025). Sentences of imprisonment and fines. law.justia.com
- Ala. Code § 13A-8-192 (2025). Identity theft. law.justia.com
- Ala. Code § 13A-9-1 (2025). Forgery and related offenses: Definitions. law.justia.com
- Ala. Code § 13A-9-3 (2025). Forgery in the second degree. law.justia.com
- Ala. Code § 13A-9-6 (2025). Criminal possession of forged instrument in the second degree. law.justia.com
- Ala. Code § 13A-9-8 (2025). Limitation on criminal liability for forgery and criminal possession of forged instrument. law.justia.com
- Ala. Code § 13A-9-9 (2025). Criminal possession of forgery device. law.justia.com
- Ala. Code § 13A-9-18 (2025). Criminal impersonation. law.justia.com
- Ala. Code § 13A-9-18.1 (2025). Giving of false name or address to a law enforcement officer. law.justia.com
- Ala. Code § 15-19-1 (2025). Youthful offenders: Investigation and examination. law.justia.com
- Ala. Code § 26-1-1 (2025). Age of majority. law.justia.com
- Ala. Code § 28-1-5 (2025). Legal drinking age. law.justia.com
- Ala. Code § 28-3A-25 (2025). Unlawful acts and offenses; penalties. law.justia.com
- Ala. Code § 28-10-7 (2025). Responsible vendors: Compliance as defense to license suspension or revocation. law.justia.com
- Fraud and related activity in connection with identification documents, 18 U.S.C. § 1028. law.cornell.edu
- National Minimum Drinking Age, 23 U.S.C. § 158. law.cornell.edu
- ServSafe. (n.d.). Alabama key alcohol laws. National Restaurant Association. servsafe.com
This guide is for education only. It is not legal advice and does not create a lawyer-client relationship. Alabama statutes are amended from time to time, and local ordinances and court practice vary, so check the official Code of Alabama or speak to a qualified Alabama attorney about any specific situation. IDS FAKE does not sell or promote fake IDs. Read our full legal disclaimer.