Mark Thompson Criminal Law Blog on Lawyers.com

There are several different ways underage students obtain alcohol in Iowa City.  And although all of the methods I have listed below are a means to the same end, choosing one of them can get you a ticket, whereas another can make you a felon. 

Let me tell you how NOT to obtain alcohol underage.

1.  The absolute worst thing you can do is alter an existing form of identification to display false information. 

This would include replacing the picture in an ID (although with new ID's this is almost impossible), or more commonly, scratching out the name or birth date or other information and replacing it with other information.  (I recall students in my dorm scratching out the edges of the "8" in 1978 to appear as a "3" for a false birth date of 1973).  This is a crime of forgery, a class D felony.  You can go to prison for up to five years on this offense, just because you wanted to join your older buddies for a night out. 

Whatever you do, never tamper with official government documents, such as identification cards or driver's licenses.

2.  Another bad idea is to possess a falsely manufactured ID card.  These are becoming much more common, as computer software and printers become cheaper and more advanced.  This can land you a Possession of Fictitious Identification charge, which is a serious misdemeanor.  A serious misdemeanor is nowhere near as serious as a forgery charge, but it is something serious nonetheless.  This level of charge carries a maximum penalty of one year in jail. 

The chances of a bouncer or bar employee of discovering a Fictitious ID are low, but a police officer will "run" the ID and expose it as a fake almost certainly.  If you are questioned by a police officer, you certainly do not want to have one of these in your possession.  It is a crime to keep it in your pocket, even if you do not intend to use it for any purpose.

3.  The method that carries the lightest punishment is Possession/Use of Another's Driver's License to Obtain Alcohol.  This is a simple misdemeanor, and usually carries only a fine and no jail time.  This would be the charge if you were to use a sibling's or friend's non-altered ID and you obtained or attempted to obtain alcohol. 

Not only does this charge carry the lightest sentence, but it is also the hardest for the State to prove.  With the above offenses, possession is all that is required for a conviction.  For this charge, the State must also prove that it has been used or attempted to have been used to obtain alcohol.  Carrying around your friend's ID, without intent to use it for obtaining alcohol is not a crime. 

So, students, please be smart when you are out at the bars and do not obtain alcohol under age.  But if you find that you must, never forge an ID or obtain a fictitious one.

If you have questions regarding these crimes, contact Iowa City Criminal Lawyer Mark Thompson at www.thompsonjustice.com, or call (319) 354-1630.