§ 5-27-503 - Possession of fraudulent or altered personal identification document unlawful.
               	 		
5-27-503.    Possession of fraudulent or altered personal identification document unlawful.
    (a)  It is unlawful for:
      (1)  A  person to possess a fraudulent or altered personal identification  document for the purpose of providing a person under twenty-one (21)  years of age identification that can be used for the purpose of  purchasing an alcoholic beverage or other substance or material  restricted for adult purchase or possession in accordance with existing  law;
      (2)  A person under  twenty-one (21) years of age to possess a fraudulent or altered personal  identification document that can be used for the purpose of purchasing  an alcoholic beverage or other substance or material restricted for  adult purchase or possession in accordance with existing law; or
      (3)  A  person under twenty-one (21) years of age to attempt to purchase an  alcoholic beverage or use a fraudulent or altered personal  identification document for the purpose of purchasing an alcoholic  beverage illegally or other material or substance restricted to adult  purchase or possession under existing law.
(b)    (1)    (A)  If  a seller of alcoholic beverages or the seller's employee has reasonable  cause to believe that a person has violated subdivision (a)(3) of this  section, the person may be detained in a reasonable manner and for a  reasonable length of time by the seller of alcoholic beverages or the  seller's employee in order that the seller of alcoholic beverages or the  seller's employee may call for a certified law enforcement officer to  conduct an investigation.
            (B)  The detention authorized under subdivision (b)(1)(A) of this section does not include a physical detention.
      (2)  If  the seller of alcoholic beverages or the seller's employee attempts to  verify the age of the person attempting to purchase an alcoholic  beverage by way of photographic identification and complies with  subdivision (b)(1) of this section, the detention by a seller of  alcoholic beverages or the seller's employee does not render the seller  of alcoholic beverages or the seller's employee criminally or civilly  liable for false arrest, false imprisonment, or unlawful detention.
      (3)  After  conducting an investigation under subdivision (b)(1)(A) of this section  and within twenty-four (24) hours of the call from a seller of  alcoholic beverages or the seller's employee for the investigation, a  certified law enforcement officer may arrest a person without a warrant  upon probable cause for believing that the person has violated  subdivision (a)(3) of this section.
(c)    (1)  A person who violates this section is deemed guilty of a Class B misdemeanor.
      (2)  A subsequent violation of this section is a Class A misdemeanor.
      (d)    (1)  Except  for a minor subject to the penalty authorized by    5-27-504, in  addition to any penalty authorized by subdivision (c)(1) or (2) of this  section, at the time of arrest for a violation of subdivision (a)(3) of  this section, the arrested person shall immediately surrender his or her  license, permit, or other evidence of driving privilege to the  arresting law enforcement officer as provided in    5-65-402.
            (2)  The  Office of Driver Services or its designated official shall suspend or  revoke the driving privilege of the arrested person or shall suspend any  nonresident driving privilege of the arrested person, as provided in     5-65-402.
            (3)  The period of  suspension or revocation of driving privilege of the arrested person  shall be based on the number of previous offenses of the arrested person  as follows:
                  (A)  Suspension for sixty (60) days for a first offense under subdivision (a)(3) of this section;
                  (B)  Suspension for one hundred twenty (120) days for a second offense under subdivision (a)(3) of this section; and
                  (C)  Suspension for one (1) year for a third or subsequent offense under subdivision (a)(3) of this section.
            (4)  In  order to determine the number of previous offenses under subdivision  (d)(3) of this section to consider when suspending or revoking the  arrested person's driving privileges, the office shall consider as a  previous offense any conviction under subdivision (a)(3) of this section  regardless of when the offense occurred.