Many people believe that obtaining a fake ID is a rite of passage and not a big deal. After all, many college kids know plenty of friends with fake IDs, so why shouldn’t they have one? In reality, several laws in Texas make possessing or using false identification illegal, whether it is to buy alcohol underage or for other purposes. 

These laws include:

• Texas Alcoholic Beverage Code § 106.07 prohibits a minor from presenting a document falsely indicating they are 21 to access or buy alcohol.
• Texas Penal Code § 37.10 prohibits tampering with and changing information on a government-issued ID, including the date of birth on a driver’s license.
• Texas Transportation Code § 521.451 prohibits anyone from presenting a driver’s license or official ID that they know is fake or has been altered, as well as allowing someone else to use their ID (this generally refers to non-alcohol-related purposes)
• Texas Penal Code § 32.51(b) prohibits using another person’s identifying information without their consent to defraud or harm another

If you are arrested or face accusations under any of these provisions, immediately discuss your options with an Austin criminal defense attorney. 

Fake IDs: misdemeanor or felony offense?

Possessing a fake ID in Texas can have serious legal consequences, but whether it constitutes a felony depends on the specific circumstances and intent of the individual.

Misdemeanor Offense

Typically, possessing a fake ID to misrepresent one’s age to purchase alcohol or gain entry to a restricted venue is considered a Class C misdemeanor. This offense is punishable by a fine of up to $500.

Felony Offense

Possession of a fake ID can escalate to a felony if it involves an intent to engage in more serious criminal activities, such as identity theft, forgery, or fraud. For example, using a fake ID to obtain employment, open a bank account, or commit other fraudulent activities may lead to felony charges.

If the fake ID involves altering or creating documents, such as driver’s licenses, Social Security cards, or passports, with the intent to deceive, it can result in felony charges. These offenses are more severe and can lead to substantial fines and imprisonment.

Using a fake ID in conjunction with stolen personal information to impersonate someone else is a serious crime. In Texas, this can result in felony charges related to identity theft, which carry significant penalties, including imprisonment.

Federal Offenses

Possession, production, or distribution of fake IDs can also be subject to federal laws. Engaging in activities that involve creating, selling, or distributing counterfeit government-issued IDs can lead to federal charges with more severe penalties.

Enhanced Penalties for Repeat Offense

If an individual is caught with a fake ID multiple times, especially for more serious offenses, the penalties may be more severe. Repeat offenses demonstrate a pattern of unlawful behavior, which can result in harsher consequences.

It’s important to note that laws and penalties may change over time, so it’s crucial to consult with a qualified defense lawyer who knows the most current Texas statutes for accurate and up-to-date information regarding fake ID offenses. If charged with a fake ID-related offense, seeking legal representation from an experienced criminal defense attorney is essential to navigate the legal process and mount a strong defense.

Even misdemeanor charges are serious

Using a fake ID to buy alcohol in Texas is usually a misdemeanor, not a felony, but it can still lead to serious consequences. The penalties may include: 

• Fines
• Community service
• Mandatory alcohol awareness classes
• Possible suspension of your driver’s license

Additionally, it’s considered a criminal offense, which can result in a permanent criminal record. This record may impact future employment opportunities and educational pursuits. This is especially important, as many minors who use fake IDs might have plans to attend college, and a conviction might impact those goals.

Consult with an Austin Criminal Defense Lawyer Today

The Law Office of David D. White, PLLC, can help clients overcome fake ID-related charges, whether they are misdemeanor or felony offenses. We are ready to assess your best options in your Austin criminal case, so please contact our office for your consultation. Someone is available to help 24/7.