By Jeff Kennedy
Getting caught with a fake I.D. is a legal issue commonly faced by college students and other under-21 individuals attempting to purchase alcohol. Regardless of the reason, using a fake I.D. is illegal in Texas and carries various consequences.
Is a Fake I.D. a Felony or Misdemeanor?
In Texas, actions such as using a fake I.D., altering an I.D., or using someone else’s I.D. are illegal. The specific charges and penalties depend on the nature of the offense.
According to Texas Transportation Code §521.451, a person may not:
- Display or possess a fictitious or altered driver’s license or identification certificate.
- Lend their driver’s license or identification certificate to someone else or permit its use by another person.
- Represent another person’s driver’s license or identification certificate as their own.
- Possess more than one valid driver’s license or identification certificate.
- Provide false information when applying for a driver’s license or identification certificate.
This crime is classified as a Class A misdemeanor, punishable with up to one year in jail and fines up to $4,000.
Getting caught with a fake I.D. has other long-term consequences if you are convicted, these include difficulty obtaining employment, security clearances, or professional licenses.
Misrepresentation of Age by a Minor
Under Texas Alcoholic Beverage Code §106.07, it is illegal for a minor to misrepresent their age by falsely claiming to be 21 or older to purchase, possess, or consume alcohol. This includes using a fake I.D., presenting someone else’s valid I.D., or verbally stating a false age.
Common ways minors misrepresent their age include:
- Using a fake or altered I.D. with incorrect birth details.
- Borrowing or using someone else’s identification.
- Providing false verbal statements about their age.
- Any attempt to deceive an establishment, bar, or liquor store with a false age claim is also considered an offense under Texas law.
The penalties for using a fake I.D. in Texas vary based on the severity of the offense. A minor caught attempting to buy alcohol with a fake I.D. faces a Class C misdemeanor, punishable by:
- A fine of up to $500.
- Mandatory alcohol awareness education.
- Community service (8 to 40 hours).
- Possible driver’s license suspension (30 to 180 days).
Using a Fake I.D. to Purchase Alcohol
Under the Texas Alcoholic Beverage Code §106.07, a minor commits an offense if they falsely state they are 21 or older and present any document indicating such to purchase alcohol. This offense is a Class C misdemeanor, punishable by a fine of up to $500.
Tampering with Government Records
Per Texas Penal Code §37.10, tampering with a government record includes actions such as:
- Making a false entry in or altering a government record.
- Presenting or using a document with knowledge of its falsity and intent for it to be taken as genuine.
- Possessing, selling, or offering to sell a government record or a blank government record form with intent for it to be used unlawfully.
For offenses, such as altering a government record, penalties increase. The following is an overview of classification and penalties:
- A Class A misdemeanor (up to 1 year in jail and a $4,000 fine).
- A state jail felony (if intent to defraud is proven), punishable by 180 days to 2 years in jail and fines up to $10,000.
- A third-degree felony (involving school records or intent to harm), carrying a sentence of 2 to 10 years in prison.
Legal Consequences for Establishments
Businesses that sell alcohol to minors using fake I.D.s can face administrative or criminal charges. The Texas Alcoholic Beverage Commission (TABC) often conducts undercover operations to ensure compliance.
Contact a Fake I.D. Lawyer for More Information
If you’ve been caught with a fake I.D., it’s crucial to consult with an attorney experienced in handling such cases. The Law Offices of Jeff C. Kennedy can help you navigate the legal process and work towards the best possible outcome.
Call us at 817-605-1010 or fill out the form on our website for more information.