I received a citation/was arrested for using a fake identification at a bar in downtown Nashville. How much trouble am I in?
Tennessee law provides fairly harsh punishments for the underage person attempting to gain admittance to a bar or club by using a fake ID. Certainly the maximum jail time would be harsh however for most people at this age, probation is likely and jail time is not typically considered. The most surprising aspect of Tennessee law is the mandatory loss of your driver’s license for one year. This is not something that can be negotiated with the prosecutor. If you are convicted of using a fake ID in order to gain admittance to place where alcohol is being served, the Tennessee Department of Safety is notified and you will lose your driver’s license for one year.
There are often other available options to resolve these types of criminal charges in Tennessee. Contact our Nashville criminal defense lawyers today for a consultation and to discuss other possible alternatives.
Summary of the punishments for using a fake identification at a bar/club in Tennessee.
[Tenn. Code Annotated § 57 – 3 – 412 (c)]
– Class A Misdemeanor in TN
– Maximum punishment is 11 months, 29 days in jail
– Mandatory Loss of Driver’s License for a period of 1 year
– Fine of $50 – $200; or 5 – 30 days in jail
Full Text of T.C.A. 57 – 3 – 412 (c) (Updated 2012)
(c) Any person under twenty-one (21) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is twenty-one (21) years old or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a misdemeanor. In addition to any criminal penalty established by this subsection (c), a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted under this subsection (c) of a second or subsequent offense shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction, an order of denial of driving privileges for the offender for a period not to exceed one (1) year. The offender may apply to the court for a restricted driver license. The judge shall order the issuance of a restricted motor vehicle operator’s license, in accordance with the provisions of § 55-50-502. The court and the department shall follow the same procedures and utilize the same costs for a person younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
(1) If the person violating this subsection (c) is less than eighteen (18) years of age, that person shall be punished by a fine of fifty dollars ($50.00) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (c)(1) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
(2) If the person violating this subsection (c) is eighteen (18) years of age or older but less than twenty-one (21) years of age, that person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the county jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (c)(2) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
Our Criminal Defense Lawyers Practice in Middle Tennessee, including but not necessarily limited to the following counties: Cheatham, Davidson, Dickson, Maury, Robertson, Rutherford, Sumner, Williamson, Wilson counties.
