While some people consider using a fake ID to get into a bar or purchase alcohol a “rite of passage,” it is still a crime under Texas law. Attempting to circumvent underage drinking laws by pretending to be over the age of 21 is not just dumb–it can lead to serious criminal charges that can follow you for a long time. Many college students in Texas use fake IDs to purchase alcohol while underage, contributing to the prevalence of this issue. College kids often attempt to buy alcohol using fake IDs, exposing themselves to significant legal risks and penalties.
The Texas Alcoholic Beverage Code states that a person under the age of 21 commits the offense of “misrepresentation of age by a minor” if he or she “falsely states” or “presents any document” (including a counterfeit document, fake document, or false identification) indicating they are at least 21 years old to someone who sells or serves alcohol. A person commits an offense by presenting a fake or fictitious ID, ID card, or ID certificate to buy alcohol. Presenting a fake ID is treated the same as actually purchasing or consuming alcohol by a minor. A first offense is generally charged as a Class C misdemeanor, punishable by a fine of up to $500. Fake ID offenses and fake ID cases often involve providing false information or making a false statement to obtain alcohol. The most common fake ID offense by minors in Texas is misrepresentation of age, often resulting in these charges.
Separately, a minor may be charged under the Texas Transportation Code for illegal possession of a “document that is deceptively similar to a driver’s license or a personal identification card.” Several laws address the possession of a duplicate driver’s license, fictitious ID, or counterfeit document. Possessing a fictitious license or certificate in Texas is also a Class C misdemeanor. Possession of a duplicate driver’s license or another person’s driver’s license for personal gain can also result in criminal charges.
In other words, if you use a fake ID that is designed to look like a state-issued driver’s license–and it does not have the disclaimer “NOT A GOVERNMENT DOCUMENT” displayed in a particular manner–you have committed a crime even if you do not attempt to purchase alcohol. The law requires that the document displays the phrase in solid red capital letters, and a reasonable person would recognize the disclaimer. Possession of a fake driver’s license is also a Class C misdemeanor, and in addition to a fine, a convicted offender may be required to perform community service. There are serious legal consequences and potential felony charges for using a fake document or valid driver’s license fraudulently. The importance of having a valid certificate or valid driver’s license cannot be overstated, as it is necessary to avoid criminal charges. Tampering with a government record, such as altering an ID, is punishable as a third-degree felony in Texas. Law enforcement and law firms may use witness statements to investigate cases involving fake IDs and determine whether a person has engaged in illegal activity.
Texas Alcohol Agents On the Lookout for Fake IDs
Legally, an alcohol retailer in Texas does not have to ask anyone to show identification. But most sellers have some ID policy in place to protect themselves. Under Texas law, a seller can be held legally responsible for selling or serving alcohol to someone under 21–unless the minor falsely represents their age by displaying a fake ID. Under the Texas Alcoholic Beverage Code, a minor using a fraudulent ID to misrepresent their age when purchasing alcohol may face lighter charges.
In fact, many alcohol sellers work in concert with the Texas Alcoholic Beverage Commission to help detect fake ID usage. Known as “Operation Fakeout,” this program involves Commission agents performing on-site ID checks. These agents are specially trained to spot imperfections or alterations in driver’s licenses and other government identification cards. The laws governing fake IDs in Texas include several statutes that address false representation of identity and document integrity.
Penalties for Using a Fake ID in Texas
The devastating penalties for wielding a fake ID in Texas represent a formidable legal nightmare that far exceeds most people’s worst expectations. Under the unforgiving Texas Transportation Code, the mere possession of a fictitious driver’s license or identification certificate unleashes the full force of a Class A misdemeanor charge. This crushing offense carries a potential punishment of up to one year in county jail and a devastating fine of up to $4,000. Should you dare to brandish a fake ID for alcohol purchases or to storm into bars and clubs, you’ll face the additional wrath of a Class C misdemeanor, wielding its own punishing fine of up to $500.
However, this legal assault represents merely the opening salvo in Texas’s relentless campaign against fake identification crimes. When caught tampering with sacred government records—whether altering a driver’s license, forging identification certificates, or making fraudulent entries on governmental documents—you’ll confront the devastating force of a third-degree felony charge. This represents a catastrophic criminal conviction under the merciless Texas Penal Code, unleashing an unforgiving sentence of 2 to 10 years imprisonment and crushing fines reaching $10,000. Furthermore, should your criminal actions involve the additional devastation of identity theft or exploiting someone else’s personal information for fraudulent purposes, you’ll face even more overwhelming penalties, including substantial financial destruction and lengthy imprisonment that can obliterate your future.
In some instances, courts may unleash the additional burden of community service as part of their comprehensive sentencing strategy for fake ID offenses. This formidable requirement could involve working for non-profit organizations or government agencies, potentially serving as a strategic tool to reduce the overall severity of your sentence. The specific terms governing this community service, however, remain entirely at the court’s discretion and depend heavily on your case’s unique circumstances.
Texas law demonstrates an unwavering, relentless commitment to protecting the integrity of identification documents with uncompromising force. The Texas Department of Public Safety is the sole authority for issuing legitimate driver’s licenses and identification certificates. Any attempt to deploy counterfeit, fictitious, or deceptively similar documents constitutes a serious criminal offense. Deploying a fake ID in Texas can devastatingly result in a permanent criminal record, driver’s license suspension, and other long-term consequences that will relentlessly impact your future opportunities for years to come.
When facing the overwhelming force of criminal charges related to fake ID offenses, securing consultation with an experienced criminal defense attorney becomes absolutely crucial for your survival. A qualified defense lawyer represents your most formidable weapon, providing comprehensive consultation, explaining the devastating consequences threatening your future, and navigating you through the complex legal battlefield with strategic precision. With the right legal firepower behind you, you may successfully reduce your charges or negotiate a more favorable outcome through skilled legal maneuvering.
Understanding the unforgiving laws embedded within the Texas Penal Code and Texas Transportation Code becomes essential for avoiding the devastating penalties associated with fake identification crimes. If you or someone you know has been caught wielding a fake ID in Texas, don’t gamble recklessly with your future—immediately contact an experienced criminal defense lawyer to mount an aggressive defense of your rights and explore every available legal strategy for protection.
Charged With Underage Drinking in Texas?
If this seems like overkill to catch underage drinkers, keep in mind that fake IDs often play a role in much more serious criminal activities. According to the University of Texas at Austin’s Center for Identify, “Terrorists depend on stolen or fake passports, and other forms of identification obtained through fraudulent means.”
For example, fake IDs can help suspected terrorists avoid “no-fly” lists and gain access to secure areas. And as the Center notes, “Texas ranks number one in the nation as the claimed place of birth on fraudulent passport applications.”
This is why using a fake ID is never a good idea. And if you have been accused of underage drinking or DWI, you need to take the matter seriously and speak with a qualified Texas criminal defense attorney who can guide you on what to do next. Legal representation is essential to reduce charges or negotiate favorable outcomes in cases involving fake IDs. Contact the Law Offices of Tad Nelson & Associates today in Houston, League City, or Galveston if you require immediate assistance.