The Legal Consequences of Possessing a Fake ID

A student heading off to college is an exciting time for them to gain personal independence, experience in-person social networking opportunities and to try new things. The transition can also come with uncertainties and concerns about safety, academic performance and social influence. With all these opportunities in mind, the risks of a fake ID may be overlooked by the nearly 33% of college students who possess fake IDs by their fourth semester. But the seemingly harmless act can have consequences, making it crucial to understand the potential risks and long-term legal implications.

For many people, the motivation for obtaining a fake ID can be to enter bars, gamble, purchase alcohol or tobacco or attend age-restricted events. As an 18- to 20-year-old, being surrounded by peers who are 21+ drinking at tailgates, Greek events or parties may increase the desire to participate. But this desire can quickly blind them from legal repercussions.

A fake ID can include possessing an ID that was not made by the DMV/DOT or using someone else’s real ID as your own. Both are illegal and both have legal implications.

In every state, possessing a fake ID is illegal and using it could have you facing legal charges and penalties. While many think if caught, police officers would simply confiscate their fake ID and let them off with a warning, it is important to note there could be much more serious consequences. Keep in mind the charge and sentence can differ depending on the state. Many colleges will provide information to help their students understand the risk, like this example from the University of Iowa. In a nutshell, here are some serious considerations of possessing a fake ID:

• Fines: Fines are the more common penalty for a fake ID charge and the amount will vary by state ranging from $200 to $100,000 with a felony charge.
• Suspension of Driver’s License: If you have altered your driver’s license, some states may seek to suspend it.
• Jail: While a first-time offender is less likely to serve time in jail, having a fake ID can mean jail sentences. You could face between 90 days and one year depending on the state. In New York, for example, possession of a fake ID in the third degree is a misdemeanor and can land you in jail for up to one year.
• Felonies: In some states like Florida and Illinois, getting caught with a fake ID can result in a felony and land you in jail for up to 10 years.

Long-term consequences are just as serious. Having a felony or suspended driver’s license on your record as a result of a fake ID incident may affect your credit report, future job applications, college admissions, extracurricular/club and more.

If you are concerned someone you know may be using a fake ID, there are signs to look for. You may come across an ID in their possession that does not match their information such as age or name. If you notice they are becoming protective of their purse or wallet, this could indicate that they are hiding something. Another sign to look for is unexplained charges at liquor stores or bars.

It is important to inform others about the short- and long-term consequences of being caught using a fake ID. Not only are there legal risks involved, but social and emotional ones that come from the fallout of getting caught. Help to educate those around you and let them know there are resources available.   

As an ARAG member, your plan may cover attorney fees for covered family members caught using or possessing a fake ID. Log in to your online account to learn more about your plan coverage or contact Customer Care.