Penalties for Minors Caught with Fake IDs in Waikiki and Hawaii Bars

The Risks of Using Fraudulent Identification in Hawaii

Waikiki is famous for its vibrant nightlife, attracting college students, military personnel, and tourists from around the world. Because of the heavy volume of young visitors, the Honolulu Liquor Commission, Honolulu enforces incredibly strict rules on bars, clubs, and liquor stores. Establishments caught serving minors face massive fines or the loss of their liquor license. As a result, bouncers and bartenders are highly trained experts at spotting fake IDs. If your teenager or college student is caught trying to buy a drink with a falsified driver's license, the situation can escalate into a serious legal crisis very quickly.

A fake ID charge is much more severe than a simple underage drinking ticket. It involves fraud and deception, which prosecutors treat harshly. Having a crime of dishonesty on a young adult's record can destroy future career opportunities in finance, healthcare, or government. If your child is facing these charges, it is vital to secure professional legal representation. You can browse our directory to find an experienced Hawaii criminal defense attorney to protect your child's record.

Misdemeanor Charges for Fraudulent Identification

In Hawaii, presenting a fake ID to purchase alcohol violates multiple statutes. Under Haw. Rev. Stat. § 281-101.5(c), it is illegal for any minor to falsify any identification or use the identification of another person to buy liquor. For individuals between the ages of 18 and 20, this violation is a petty misdemeanor punishable by up to 30 days in jail, a fine of up to $1,000, and a mandatory driver's license suspension of at least 180 days. Minors under age 18 are subject to the jurisdiction of the Family Court.

However, the charges can escalate depending on the nature of the fraudulent identification. If the minor altered an official Hawaii state credential or used a forged document, prosecutors can file charges under Haw. Rev. Stat. § 710-1017 for tampering with a government record, which is a misdemeanor punishable by up to one year in jail and a $2,000 fine. Furthermore, manufacturing or possessing certain forged instruments can lead to felony forgery charges under Haw. Rev. Stat. § 708-852.

Confiscation of IDs by Bouncers vs. Police Involvement

Many teens believe that if a bouncer catches a fake ID, they will simply confiscate it and tell the teen to leave. While this sometimes happens, Hawaii bars are heavily incentivized to report these incidents. Bouncers frequently seize the ID and immediately hand it over to officers from the Honolulu Police Department, Honolulu or the Maui Police Department, Wailuku. Once the police have the physical fake ID, they have all the evidence needed to file formal criminal charges. Fleeing the scene after the bouncer takes the ID does not protect the teen, as the ID often contains their real photo or real name.

How to Keep a Fake ID Charge Off Your Child's Record

The primary goal of any defense attorney in a fake ID case is damage control. A conviction for a crime of deceit (fraud) is highly stigmatizing. Fortunately, there are legal pathways to keep the record clean.

Step 1: Evaluating the Evidence

Your lawyer will first examine how the ID was obtained by law enforcement. Did the bouncer use excessive force? Was the teen detained illegally by bar staff before police arrived? If constitutional rights were violated during the seizure, your attorney may be able to have the evidence suppressed.

Step 2: Deferred Acceptance of Guilty (DAG) Pleas

For first-time offenders, the most effective strategy is securing a Deferred Acceptance of Guilty (DAG) plea. Under Haw. Rev. Stat. § 853-1, your attorney can petition the judge at the Honolulu District Court, Honolulu to defer entering a conviction by filing a formal motion for deferred acceptance of guilty plea. If the judge grants the motion, the defendant will complete a probationary period involving community service and a clean record. Precedents like State v. Sylva, 61 Haw. 385 (HI Supreme Court 1980) demonstrate that the courts are willing to use these deferrals to prevent a single youthful mistake from destroying a young person's future.

Step 3: Formal Expungement

Upon successful completion of the DAG period, the charge is dismissed. However, the arrest record remains. Your lawyer will then file an application with the Hawaii Criminal Justice Data Center, Honolulu to completely expunge the arrest, allowing your child to legally state on future job applications that they have never been arrested.

Cost of Hiring a Lawyer for a Fake ID Case

Protecting a young adult from a fraud-related misdemeanor requires skilled negotiation. In Hawaii, defense attorneys typically charge between $2,000 and $4,000 for representation in a fake ID case. This fee generally covers the initial arraignment, negotiations with the prosecuting attorney, representation at the DAG hearing, and guidance through the final expungement process.

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