caught with a fake id in texas?

November 8, 2018

Fake IDs Bring Real Charges in San Antonio

You’re young and have 2 more years until you turn 21. Most of your friends are of legal drinking age or maybe they have siblings and friends that will sneak them some booze. You, however, have to take matters into your own hands. You order a fake ID or maybe someone you know gives you their old copy. “It’s no big deal,” you think as you use that ID time and time again in bars and liquor stores.

One day the man you thought was a bouncer is an undercover cop – and it’s straight to trouble-town for you.

Let’s break down the Texas fake ID law

According to Chapter 521 in the Texas Penal Code, it is illegal to:

·      Have in [your] possession a driver’s license that [you know] is fictitious or has been altered

·      Lend another person your driver’s license

If you possess a fake ID or ID that is not your own

Possession of a fake driver’s license in Texas can get you a Class A misdemeanor – up to a year in jail and a $4,000 fine. Notice you do not have to actually use the license to be charged. You simply have to possess a “similar-looking” ID, without the words “Not a Government Document” printed on all sides.

If you possess a fake ID or ID that is not your own AND intend to lie about your age

Now here’s the tricky part. When you are a minor, trying to use a fake ID to get into a bar in San Antonio or buy something that is age-restricted, you may be open to multiple charges. The “possession of a fake driver’s license” charge can happen even if you are not intending to use it or lie about your age. In this case of layering, you can also be charged with Misrepresentation of Age by a Minor (Texas Alcoholic Beverage Code 106.07). This added offense is a Class C Misdemeanor, with up to a $500 fine.

If you sell a fake ID in Texas (or any official government record, for that matter)

This could land you with a third degree felony, which means 2 – 10 years in prison and up to a $10,000 fine.

It’s just me – I’ll take the risk!

If you are charged with any crime related to having or using a fake ID in San Antonio or anywhere else in Texas, you are not the only one at risk. If it is someone else’s real ID, that person is at risk of having a Misdemeanor slapped onto them – whether they knowingly gave you the ID or you found it on the ground. Also, depending on how you were caught, the liquor stores and bars you used your fake ID in are also in the line of fire.

Arrested or charged with possession of a fake ID?

Because of this complex issue involving multiple parties, you need a criminal defense attorney who knows the ins-and-outs of multiple layered fake ID charges. For a free, confidential consultation contact the Law Offices of Daniel & Hudson at 210-222-2297. We are available 24 hours a day, 7 days a week.