While the allure of using a fake ID to gain access to age-restricted activities may seem tempting, the penalties for doing so in Texas are nothing to take lightly. Understanding the full scope of Texas fake ID laws and their penalties is important for anyone, particularly those under the age of 21.
Wilco Fake ID Defense Attorneys
The criminal defense attorneys at Price & Twine, PLLC defend those charged with possessing a fake ID in Texas, including juvenile offenders. Our firm proudly serves the communities of Georgetown, Leander, Round Rock, Cedar Park and the surrounding areas of Williamson County or “Wilco” Texas. If you or a loved one has been charged with violating Texas’ fake ID laws, reach out to our firm by calling (512) 354-1880 to schedule a free consultation to discuss your case with a criminal defense lawyer.
Fake ID Information Center
- Texas Fake ID Law
- False Application for Driver’s License or Certificate
- Misrepresentation of Age for Alcohol Purchase
- Defenses
- Frequently Asked Questions Regarding Texas Fake ID Laws
Texas Fake ID Law
A primary law that deals with fake IDs is Texas Transportation Code Section 521.451. This law covers offenses related to driver’s licenses and personal identification cards. For example, displaying or possessing a fake or altered driver’s license is a violation and may result in fake ID charges. Furthermore, lending your own license to another person or using someone else’s license as if it were your own is also an offense. A Fake ID violation is classified as a Class A misdemeanor in Texas. A Class A misdemeanor could result in a fine of up to $4,000, confinement in jail for up to one year, or both.
Penalties For Underage Violations
For those under the age of 21, Texas Transportation Code Section 521.453 is particularly important. It specifically states that possession of a document deceptively similar to an identification certificate or driver’s license with the intent to present oneself as 21 or older is a criminal offense.
An offense is considered a Class C misdemeanor, which is punishable by a fine not exceeding $500. Importantly, the law also includes provisions for community service. First-time offenders under the age of 21 may be required to perform eight hours of community service. For those with previous offenses, the community service requirement goes up to 12 hours.
False Application for Driver’s License or Certificate
Texas Transportation Code Section 521.454 is another law to be aware of, especially during the application process for an identification certificate or driver’s license. Submitting false information knowingly during the application process falls under this law.
A violation here is considered a Class A misdemeanor. Penalties could include a fine of up to $4,000, up to one year in jail, or both.
Misrepresentation of Age for Alcohol Purchase
Section 106.07 of the Alcoholic Beverage Code makes it an offense for a minor to misrepresent their age for purchasing alcohol. A conviction could result in a fine between $250 and $2,000, confinement in jail for up to 180 days, or both. Furthermore, a convicted minor could face a driver’s license suspension for 30 days for a first offense, 60 days for a second offense, and 180 days for subsequent offenses.
Defenses
Challenging The Element Of Intent
For an individual to be convicted, the prosecution must prove that the accused intended to use or possess a fake or altered ID. In the absence of intent, a defense attorney can argue that the charge should be dropped. For example, if someone mistakenly displayed a fake ID believing it to be legitimate, the element of intent would be missing.
Underage Fictitious License Or Certificate Defense
One of the key defenses for a violation under this law would be proving that the ID was not deceptively similar to a real ID, or that the minor did not intend to use it to misrepresent their age.
False Application Defense
If you’re charged with submitting a false application for an identification certificate or driver’s license, there are some defenses specific to this statute as well. A defense strategy here could be demonstrating that any false information was an honest mistake or that the accused did not know the information was incorrect at the time of submission.
Frequently Asked Questions Regarding Texas Fake ID Laws
What Constitutes A Fake ID In Texas?
A fake ID is defined as an identification certificate or driver’s license that is either fictitious or has been altered. This also includes displaying an ID that belongs to someone else.
What Are The Penalties For Possessing A Fake ID?
Possessing a fake ID in Texas is generally considered a Class A misdemeanor. This can result in penalties including up to a year in jail and a fine of up to $4,000.
Are There Specific Laws For Minors With Fake IDs?
Yes, Texas law specifically targets minors (individuals under 21) who possess fake IDs with the intent to represent themselves as 21 or older.
Can I Be Charged For Lying On My Driver’s License Application?
Yes, knowingly providing false information on an application for a renewal, original, or driver’s license duplicate is a Class A misdemeanor.
Are There Legal Defenses Available?
Yes, a Texas criminal defense attorney can help you explore several defenses. These could include challenging the element of intent, demonstrating lack of deceptive intent, or arguing that the false information was given unknowingly or as an honest mistake.
Can A Police Officer Confiscate My Fake ID?
A police officer has the right to confiscate any document that is deceptively similar to an identification certificate or real driver’s license.
Hiring an Attorney for Fake ID Charges | Price & Twine
Given the severity of the penalties involved, it’s important to consult with Texas fake ID attorneys if criminally charged. At Price & Twine, PLLC, our fake ID lawyers serve Williamson or Bell County Texas. We build a strong case for each client, striving for the most favorable outcome possible. Contact us today at (512) 354-1880 to schedule a consultation about your case.