Alabama Fake ID Laws

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Alabama fake id laws

Alabama fake ID laws are much stricter than most people think.

You’re not just “bending the rules for a drink” you’re stepping into territory that Alabama labels as using fraudulent documents, forged instruments, and sometimes even identity fraud under the criminal code.

This guide walks through how Alabama actually treats fake IDs from a simple college bar incident to full-on forgery charges.

Not legal advice, just a clear breakdown so you know what you’re really risking.

In this post, I’m going to break down Alabama fake ID laws in plain English, using real statutes and penalties so you’re not guessing.

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What counts as a “fake ID” under Alabama law?

In Alabama, a “fake ID” is any forged, altered, or look-alike ID that you possess and present as if it were a real, official card or credential especially if it’s supposed to be issued by the Alabama Law Enforcement Agency (ALEA) or another government body.

Under state law, that can include:

  • A facsimile of an official Alabama ID card (like a copied or redesigned license)
  • A forged or digitally edited driver’s license or state ID
  • A completely counterfeit license made to look “state issued”
  • Someone else’s real ID if you’re presenting it as your own

Alabama uses a mix of terms here: facsimile of an official identification card, forged instrument, and governmental record. If you knowingly use that document to misrepresent your age or identity, the law treats it as more than “just a party mistake.”

Is it illegal just to have a fake ID in Alabama?

Yes. In Alabama it’s illegal to possess and present a fake Alabama ID, and even holding a forged license for later use can trigger “criminal possession of a forged instrument” charges.

If you’re caught with a look-alike Alabama ID and show it as if it’s real, that’s Unlawful Use of Facsimile of Official Identification Card under Ala. Code §13A-10-14, a Class A misdemeanor.

If the document itself is a forged government-type ID (for example, something that pretends to be issued by a public agency), prosecutors can step it up to Criminal Possession of a Forged Instrument in the Third Degree under §13A-9-6.1, a Class D felony when done with intent to defraud.

So in Alabama, “I was just holding it” is not really a safe position once the ID leaves “novelty” and looks like a real license or state ID.

Also Read: Is Having a Fake ID Illegal?

What laws does Alabama actually use for fake ID cases?

Alabama doesn’t have one single “fake ID statute.” Instead, police and prosecutors stack a few different laws depending on what you did and how serious the document looks.

The main ones you’ll see in fake ID situations are:

Unlawful use of facsimile of official identification card – §13A-10-14

  • You possess and present something that imitates an ALEA-issued ID card.
  • This is a Class A misdemeanor.

Tampering with governmental records – §13A-10-12

  • Think changing dates, names or data in government records or applications (e.g., paperwork used to get a license).

Criminal possession of a forged instrument – §13A-9-6 / §13A-9-6.1

  • If the ID is treated as a forged government document and you possess or use it with intent to defraud, that’s a forged instrument case.
  • Third-degree possession (§13A-9-6.1) is a Class D felony.

Dealing in false ID documents – §31-13-14

  • If you’re making, selling, or trafficking in fake IDs, Alabama can charge you with dealing in false identification documents – a felony-level problem, not a “college mistake.”

On top of that, you often see add-on charges like:

  • Giving a false name to an officer (§13A-9-18.1)
  • Underage alcohol violations under Title 28
  • Disorderly conduct or related offenses depending on how the encounter went

How do Alabama fake ID laws treat under-21 alcohol cases?

Alabama treats underage drinking and fake ID use as separate problems you can be hit for misrepresentation of age to get alcohol and for possessing a fake or forged ID at the same time.

Key pieces:

Underage alcohol law – §28-1-5

Anyone under 21 who attempts to purchase, purchases, consumes, possesses, or transports alcohol is breaking the law.

ABC Board rule on false IDs – Ala. Admin. Code r. 20-X-6-.09

Alabama’s Alcoholic Beverage Control Board specifically bans minors from using a false or fraudulent ID or misrepresenting age to get alcohol.

So a single night out can stack up like this:

  • Underage possession / attempt to purchase alcohol
  • Misrepresentation of age
  • Unlawful use of facsimile of an official ID
  • Or even forged instrument, if the document looks like a true government license

That’s why “it’s just for beer” doesn’t match how the statute actually reads.

Does using a fake ID for alcohol count as identity theft in Alabama?

Usually no. Alabama’s identity-theft law explicitly carves out misrepresenting your age just to get alcohol or cigarettes.

Ala. Code §13A-8-192 defines identity theft as using someone else’s personal data to obtain a benefit.

But the statute says “identity theft” does not include lying about your age or using someone’s identity solely to obtain alcoholic beverages, tobacco products, or another product restricted to people over a certain age.

So:

  • Borrowing an older friend’s ID to get into a bar: fake ID / alcohol charges, not identity theft in the technical statute sense.
  • Using someone’s identity to open a credit card or drain their bank: now you’re in identity theft territory.

When is a fake ID case in Alabama a misdemeanor vs. a felony?

Simple “facsimile ID” or basic underage use is usually charged as a Class A misdemeanor, but anything that looks like a forged government document used to defraud can jump to a Class D felony (or worse if you’re manufacturing IDs).

Typical breakdown:

More likely misdemeanor

  • One-off use of a fake card at a bar or store
  • Confiscated by police without signs of a larger scheme
  • Charged under §13A-10-14 and alcohol laws

More likely felony

  • The card is treated as a forged government instrument under §13A-9-6.1
  • There’s evidence of “intent to defraud” beyond age misrepresentation
  • You’re making, selling, or distributing IDs (§31-13-14, dealing in false ID documents)

Alabama gives prosecutors a ton of flexibility, so the same physical card can mean very different charges depending on how the case is framed.

What are the penalties for a fake ID in Alabama?

For a simple fake ID case, you’re looking at up to 1 year in jail and up to $6,000 in fines as a Class A misdemeanor. If it’s charged as a forged-instrument felony, the range jumps to 1 year and 1 day up to 5 years and fines up to $7,500, plus a felony record.

Here’s how it breaks out:

Class A misdemeanor (common in basic fake ID cases)

  • Up to 1 year in county jail
  • Up to $6,000 in fines
  • Probation, community service, alcohol education, court costs are all on the table

Class D felony (forged instrument / dealing in false ID)

  • 1 year and 1 day to 5 years in prison for a Class D felony
  • Fines up to $7,500 for Class D felonies
  • Felony record that can affect jobs, licenses, housing, immigration, and gun rights

Judges can also look at things like:

  • Prior record
  • Whether you cooperated
  • Whether the ID was part of a bigger fraud scheme

That’s why two people caught the same night can walk away with totally different outcomes.

How does Alabama treat digital IDs and mobile licenses?

Alabama law now recognizes digital copies of driver’s licenses and IDs issued by ALEA – and faking one of those can be treated the same way as faking a physical card.

Under Ala. Admin. Code r. 760-X-1-.22, ALEA can issue a digital copy of a driver’s license or ID that can be shown on a phone through an approved app.

That digital license contains the same identifying information as a physical card and is treated as an official ID.

So if you:

  • Screenshot someone else’s digital license,
  • Alter a digital card’s date of birth, or
  • Use a fake app screen that mimics an official ALEA-approved mobile ID,

you’re not in some legal grey area – you’re still in forged instrument / facsimile ID territory.

What happens if you’re caught with a fake ID in Alabama?

In a routine bar or store situation, the ID usually gets taken and you might be cited or arrested, but once police treat it as a forged instrument, things can escalate to far more than “just a ticket.”

Here’s the typical path:

Bouncer or clerk spots the fake

  • They refuse service.
  • They may confiscate the card or hold it until police arrive.
  • Many businesses call local law enforcement, especially in college towns.

Law enforcement check

  • Officer checks your real identity and age.
  • They look at the card to see if it’s a facsimile, a simple fake, or a more serious forgery.
  • Depending on the details, you can be:
    • Given a citation (misdemeanor), or
    • Arrested and booked, especially if other charges stack (public intoxication, resisting, etc.).

Charge decision

  • For a basic bar scenario, prosecutors often stick to §13A-10-14 plus underage alcohol statutes.
  • If the ID looks highly sophisticated, or you have more than one, they can push for forged instrument or dealing in false ID documents.

Court and record

  • You’ll typically face arraignment in municipal or district court.
  • Outcomes range from diversion programs and fines to probation, jail time, or a felony conviction, depending on the charge and your record.

For college students and young professionals, the record often hurts more than the immediate penalty.

Can a fake ID case in Alabama be expunged or cleaned up?

Some Alabama misdemeanor and even certain felony cases can be expunged if charges are dismissed, you’re found not guilty, or you meet strict waiting period and eligibility rules but it’s technical and you’ll need a local criminal defense lawyer to navigate it.

Things that matter for expungement:

  • What you were charged with (misdemeanor vs felony, violent vs non-violent)
  • Whether you were convicted, diverted, or had the case dismissed
  • How long it’s been since the case ended
  • Whether you’ve had other arrests or convictions

Because Alabama keeps tightening and adjusting expungement rules, this is one area where DIY guessing can really come back to bite you.

Where does FakeIDs.com fit into all this?

You’ll see sites like FakeIDs.com marketing “novelty” or “entertainment-only” IDs.

Alabama law doesn’t really care what the website calls them the moment you possess and present a card that looks like a real ALEA or government ID to misrepresent your age or identity, you’re in the zone of facsimile IDs, forged instruments, and fraudulent documents under state law.

So even if a site claims “for souvenir use only,” using that card in an Alabama bar, liquor store, or with an officer is what actually triggers the crime.

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Alabama fake ID laws – FAQs

Is a fake ID always a felony in Alabama?

No. Many first-time cases are charged as a Class A misdemeanor under §13A-10-14.
It becomes a felony when prosecutors use the forgery and forged-instrument statutes or the “dealing in false ID documents” law.

Can I be charged just for trying to buy alcohol with a fake ID?

Yes. Underage attempts to purchase are illegal on their own, and using a false ID to do it adds more charges.

Does “borrowing” an older friend’s ID make it safer?

Not really. You’re still misrepresenting your identity and age, and Alabama has separate crimes for giving false ID information to officers and using facsimile IDs.

Is any of this legal advice?

No.
If you or someone close to you is facing fake ID charges in Alabama, you need a licensed Alabama criminal defense attorney to look at the exact statute and your court papers.

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