When a client comes to me with a child that was caught and cited with underage drinking, that child often possessed a fake ID when he or she was arrested or cited. Regardless of whether or not the minor used the ID to purchase alcohol, it is illegal in the Commonwealth to possess an identification card that falsely identifies that person by name, age, date of birth, or photograph as being 21 years of age or older. Therefore, even if a minor simply has the fake ID and hasn't used it, he or she cnuld be found guilty of a crime.
If, on the other hand, your child actually used the ID to purchase alcohol he or she can face up to 90 days in jail, a $300 fine and a 90 day suspension of their driver's license. If your child is caught a second or subsequent time, the punishment includes up to one year in jail, a $500 fine and a 1 year driver's license suspension. Finally, if the child is under 18 years old, it is mandatory for the police to contact the parents and inform them of the child's crime. Compared to the penalties associated with a simple underage drinking charge, these penalties are far stiffer.
If your child has been charged with possession of false identification, whether or not it was in conjunction with underage drinking, it is important that you seek legal advice. Contact an experienced criminal defense attorney to discuss the options that may be available to you and your child.