Which IDs a bar can accept
Can a bar accept an expired ID?
Published October 19, 2026 · 19 sources linked
The short answer
It depends on the state. Some state alcohol laws say an expired ID does not count as proof of age and New Mexico's says it still does, while others ask for a "valid" ID without defining the word. Where a customer turns out to be under 21, the Texas Alcoholic Beverage Commission reads its state's defense as not covering an expired ID, and so does New York's State Liquor Authority in training material dated 2011.
Examples by state
- Expired IDs ruled out by name
- Louisiana, Virginia and Washington
- "Unexpired" written into the ID list
- Alaska and Arizona
- Regulator reads valid as unexpired
- California, New York, Pennsylvania and Texas
- Expired still counts as valid
- New Mexico, for alcohol
AgeShield ID Scanner
The expiration date, read on every scan
AgeShield flags an expired ID unless the venue turns on Allow Expired IDs in the hub, a setting that is off by default. The house rule stays your decision.
What state laws say about expired IDs
The state laws below handle expiry in three ways. A few say outright that an expired ID does not count, or write "unexpired" into the list of IDs they accept. One, New Mexico, says the opposite. Others ask for a "valid" driver's license or passport and leave the word undefined, and in California, New York and Pennsylvania the alcohol regulator reads it as not expired.
- State
- Alaska
- What the law says about expired IDs
- The alcohol law accepts a valid driver's license or ID card as proof of age, and the alcohol board's rule defines a valid ID as an unexpired, unaltered passport, driver's license or ID card.
- State
- Arizona
- What the law says about expired IDs
- The law names the only IDs accepted for its alcohol age check, and every item on that list except an ID card from outside Arizona says "unexpired". An Arizona license issued to someone under 21 stops counting 30 days after the holder turns 21.
- Source
- Ariz. Rev. Stat. 4-241
- State
- California
- What the law says about expired IDs
- The defense rests on proof of age such as a valid driver's license, passport or military ID. The statute does not define valid. The state's alcohol regulator says acceptable ID is currently valid, not expired.
- State
- Louisiana
- What the law says about expired IDs
- The law lists six IDs, each one "valid, current", and says none of them is accepted as proof of age if it is expired, defaced, mutilated or altered.
- Source
- La. R.S. 26:90
- State
- New Mexico
- What the law says about expired IDs
- The Liquor Control Act says an identity document is valid for its purposes even if it has expired. The state's alcohol regulator dates the change to July 1, 2021.
- State
- New York
- What the law says about expired IDs
- The alcohol law accepts a valid driver's license or non-driver ID, a valid passport or a US military ID. The State Liquor Authority's training materials, dated 2011 and written for store licensees, say staff cannot reasonably rely on an expired ID. Reasonable reliance is what the state's defense in license cases turns on.
- State
- Pennsylvania
- What the law says about expired IDs
- The alcohol code's list names a valid photo driver's license or ID card, a valid military ID and a valid passport, and its good-faith defenses rest on that list. The Liquor Control Board's server training page says staff cannot accept an expired ID.
- State
- Texas
- What the law says about expired IDs
- The criminal defense covers staff shown an "apparently valid" government ID whose photo and description match the customer. The state's alcohol regulator tells bars and restaurants they may accept any ID they are comfortable with, expired licenses included. It reads the defense as covering only an ID that is not expired.
- State
- Virginia
- What the law says about expired IDs
- The law's list of IDs accepted as proof of age for alcohol calls for an "unexpired" driver's license or DMV ID card. The alcohol authority's rule treats an expired ID as not in proper order.
- Source
- Va. Code 4.1-304, 3VAC5-50-20
- State
- Washington
- What the law says about expired IDs
- The liquor board's rule says an ID with an expiration date cannot be used to verify age after that date.
- Source
- WAC 314-11-025
- State
- Washington, DC
- What the law says about expired IDs
- Under the defense for staff shown a convincing fake ID, an ID displayed past its printed expiration date is presumed to be one a reasonable person would not believe was valid.
- Source
- D.C. Code 25-781
These rows cover alcohol sales. Rules for tobacco, vape and cannabis sales are separate. Each state guide lists the IDs its state's law names.
An identity document is valid for the purposes of the Liquor Control Act even if it has expired.
Why the word "valid" matters
Expiry matters most when a customer turns out to be under 21. The law then asks what staff checked, and in most of the states above a defense for the venue or the server depends on the customer having shown a listed or valid ID. If that list leaves out expired IDs, a check that relied on one can fall outside the defense.
Texas's defense asks for an "apparently valid" ID, and the Texas Alcoholic Beverage Commission reads that as not expired. New York's defense in license cases rests on reasonable reliance, and the State Liquor Authority's 2011 training material says an expired ID cannot be reasonably relied on.
What venues commonly do at the door
Some venues set a house rule that is simpler than their state's law, such as no expired IDs from any state, so staff apply one rule to every customer. California's alcohol regulator notes that a business may have a policy stricter than the law.
An expired card can also be a genuine one that belongs to someone else, such as an older sibling's old license. California's regulator lists a borrowed document among IDs that are not bona fide. Comparing the photo and description with the person is the check for that, along with the others in how to spot a fake ID.
A door routine can read the expiration date at the same moment as the date of birth, and ask for a second, unexpired ID such as a passport when the first one has expired. Temporary paper licenses and DMV renewal receipts are a separate question. California's regulator, for one, lists an interim or temporary license and a receipt for a license among IDs that do not qualify.
How an ID scan shows expiry
AgeShield reads the expiration date on every scan and flags an expired ID with an Expired result on the phone. The flag stays on unless the venue turns on Allow Expired IDs in the hub, and that setting is off by default. Which way to set it is the venue's decision, made against its own state's law and house rule.
The expiry check also applies to passports and green cards, which the app reads from the machine-readable zone. In Secure mode the app compares the printed front with the barcode, so an edited expiration date does not match. See how a scan works for every result the phone can show.
Each visit record keeps what the ID check found, including an expired alert, even when a venue keeps as little guest data as the app allows. That gives the venue a per-check record that shows what the door did.
Four emails a year
What changed in ID law, before it takes effect
Many state rules on IDs and age checks take effect on January 1 or July 1. Each quarter we send one short summary of the changes we found, with the source for every line, starting with the states you pick.
Common questions
Is an expired driver's license a valid ID for buying alcohol?
It depends on the state. Louisiana, Virginia and Washington say an expired ID does not count, while New Mexico's alcohol law says an expired ID is still valid. Others ask for a valid ID without defining the word, and the alcohol regulators in California, New York and Pennsylvania read it as not expired.
If a bar serves someone under 21 who showed an expired ID, does the defense still apply?
In some states it does not. The Texas Alcoholic Beverage Commission reads the state's defense as covering only an ID that is not expired, and New York's State Liquor Authority, in training material dated 2011, says staff cannot reasonably rely on an expired ID. New Mexico's alcohol law treats an expired ID as valid.
Does any state count an expired ID as valid for alcohol?
New Mexico does. Its Liquor Control Act says an identity document is valid for the purposes of the act even if it has expired, and the state's alcohol regulator dates the change to July 1, 2021.
Does an ID scanner flag an expired ID?
AgeShield does. It reads the expiration date and shows an Expired result unless the venue has turned on Allow Expired IDs in the hub, a setting that is off by default. The result is kept with the visit record.
Sources
- NMSA 1978, 60-7B-5(B), New Mexico
- Alaska Stat. 04.21.050
- 3 AAC 305.800
- Ariz. Rev. Stat. 4-241
- Cal. Bus. & Prof. Code 25660
- California Department of Alcoholic Beverage Control, Checking Identification
- La. R.S. 26:90
- New Mexico Alcoholic Beverage Control Division, FAQ for existing licensees
- N.Y. Alco. Bev. Cont. Law 65-b
- N.Y. Alco. Bev. Cont. Law 65
- New York State Liquor Authority, Alcohol Training Awareness Program written materials for off-premises licensees, dated November 15, 2011
- 47 P.S. 4-495
- Pennsylvania Liquor Control Board, RAMP, Fake IDs
- Tex. Alco. Bev. Code 106.03
- Texas Alcoholic Beverage Commission, Age Verification
- Va. Code 4.1-304
- 3VAC5-50-20
- WAC 314-11-025
- D.C. Code 25-781
This page is for informational purposes only and is not a substitute for professional legal advice. We research each rule and link its source, so you can check it against your own venue. Questions are welcome at support@ageshield.bar.
Still unsure what your state says about expired IDs?
Tell us what type of venue you run and we'll point you to the published rules we know of that may apply.