My firm has represented more clients for underage drinking than I can count. Most of my underage drinking clients are students at NAU, UofA or ASU. While not all underage drinking cases are the same, most minor in consumption of alcohol or minor in possession of alcohol charges also include possession of a fake ID or using a fake ID to enter a drinking establishment.
Depending on the type of fake ID charge, you will be facing either a class 1 or a class 2 misdemeanor. In addition to your criminal charge, you may experience MVD consequences. In my experience, MVD consequences depend on which law enforcement agency arrested you or issued your citation. The most common law enforcement agencies we see are ASU police, Tempe Police, Scottsdale Police and Arizona Department of Liquor. To receive MVD consequences, the citing or arresting police officer must send your citation to the MVD. If they don’t send your citation to the MVD, you will not experience MVD consequences.
The only law enforcement agency that I have experienced submitting to the MVD is the Arizona Department of Liquor. I tell clients that this is luck or unluck of the draw for them. I have had a group of clients all arrested or cited together at the same event, for the same reason, facing the same charges, but issued citations by different law enforcement agencies. The clients cited by the Arizona Department of Liquor will experience license consequences. The clients cited by other law enforcement agencies will not.
Fake ID Charge
Once you receive notice from the MVD that it is taking action against your driver’s license due to your fake ID charge, you have 15 days to request an administrative hearing. Requesting an administrative hearing is a must. If you don’t request a hearing, your license will be suspended on the sixteenth day following the date of your MVD notice.
Fake ID suspensions are for six months. You will not be able to receive a restricted license to drive to work or school. It doesn’t matter if you are supporting yourself. It doesn’t matter if you have to drive 100 miles to school. If your license is suspended due to any type of fake ID charge, the MVD will suspend your license for six months. THEY WILL NOT MAKE ANY EXCEPTIONS.
Because of the harsh suspension penalties, it is crucial that we request your MVD hearing. I have won these hearings and have spared my clients the six-month suspension.
If you are facing underage drinking and possession of fake ID charges, speak to the lawyers at my office about how we can prevent you from receiving a criminal conviction and avoid a driver’s license suspension.