Fake IDs

In Kentucky a person under 21 who uses a false, fraudulent or altered ID to buy or try to buy alcohol commits an offense and can lose driving privileges. Making, altering or lending an ID can bring more serious charges.

Using a fake ID to buy alcohol

KRS 244.085 prohibits a person under 21 from using or trying to use any false, fraudulent or altered identification card or document to obtain alcohol. A first offense is a violation, punishable by a fine of up to $250. Each later offense is a Class A misdemeanor, which carries up to 12 months in jail and a fine of up to $500. For a person under 18 it is a status offense handled in juvenile or family court. Misrepresenting your age to a seller, even without a document, is a separate violation.

Using someone else’s license, or lending yours

KRS 186.610 makes it illegal to:

• Display or possess a driver’s license you know is fictitious or altered.
• Present another person’s license as your own.
• Lend your license to someone who is not entitled to use it, or knowingly let them use it.

Each is a Class B misdemeanor, which carries up to 90 days in jail and a fine of up to $250. The friend or sibling who hands over a license commits an offense too. Kentucky’s identity theft statute does not apply when a person uses another’s identity only to misrepresent age to get alcohol.

Making or altering IDs

Forgery in the second degree, KRS 516.030, covers falsely making or altering, with intent to defraud or deceive, a document that is or claims to be officially issued by a government agency. A driver’s license or state ID card is that kind of document, so making or altering one can be charged as a Class D felony, punishable by one to five years in prison. Knowingly possessing a forged document of that kind with intent to deceive, and possessing equipment designed for forgery, are also Class D felonies. Which charge applies depends on the facts of each case.

License consequences

A conviction for using a driver’s license, real or fake, as false ID to buy alcohol requires the Transportation Cabinet to revoke the person’s license, or to deny one to a person who is not yet licensed. The period is six months, one year for a person with one earlier conviction for an offense on the mandatory revocation list, and at least two years with more than one. On a first offense, the court may recommend a restricted license instead if the person enrolls in an alcohol or substance abuse education or treatment program.