Fake ID Law in the State of Texas

We represent people accused of crimes related to possession, presenting, or creating false identification (Fake IDs) in courts in and around Austin, Texas.

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FAKE IDs: What You Need to Know

Since 1984, when the U.S. mandated that the drinking age be raised to 21 in all 50 states, teenagers have been engineering ways to keep drinking underage. One of these ways is using an all mighty fake ID; whether stolen from a sibling, manufactured by an underground retailer or made themselves, fake IDs are more prevalent on the college scene than ever before.

Even with new technologies implemented into ID’s to make them harder to replicate like holograms, magnetic strips and black light inks, college students are still finding ways to acquire fake IDs. But don’t be fooled by their popularity, having a fake ID is still a crime. Criminal Defense attorney Jason Trumpler discusses the consequences of getting caught owning or using a fake ID, and in some cases, it is not a victimless crime with just a slap on the wrist punishment or no punishment at all.

Every state has different laws for Fake IDs (or false representation), what are the laws in Texas?

The possession, use, distribution and manufacture of Fake IDs violates State and Federal law. According to the Texas Alcoholic Beverage Code, attempting to buy alcohol with a counterfeit ID is a violation punishable by state law.

The Texas Transportation Code states that a minor who is in Possession of a Fake IDunder 521.451 is guilty of a Class A Misdemeanor, which is punishable by between 0-365 days in the County Jail, and by fines up to $4,000. There are possible defenses, if the person is merely holding this identification in a passive manner and not displaying this identification and not attempting to pass it off as an authentic identification in some way shape or form. It should be noted that this statute also applies to possessing more than one active ID. You cannot possess more than one valid driver's license at any given time.

Texas Alcoholic Beverage Code § 106.07. Misrepresentation of Age by a Minor states that a minor trying to purchase alcohol by presenting any document that indicates he or she is 21 years of age or older is guilty of a Class C Misdemeanor with punishment up to $500 fine, alcohol awareness classes, community service, and a possible license suspension. This is the most common Fake ID crime in Travis County.

Texas Transportation Code § 521.453. Fictitious License or Certificate punishes the creation of the traditional McLovin Fake ID as a Class C Misdemeanor as a Class C Misdemeanor with fines, court costs, classes, community service, and a possible license suspension.

Texas Penal Code § 37.10. Tampering With Governmental Record is a serious charge with punishment ranges from a Class C Misdemeanor to a 2nd Degree Felony. This statute is used when someone alters an actual state issued identification card or driver's license to make it different then uses it as official identification in some way shape or form. In this capacity, it is usually punished as a Third Degree Felony with a range of punishment of 2 to 10 years in the Texas Department of Corrections of a fine of up to $10,000.

What is the real concern of law makers?

They are trying to reduce the risk of alcohol abuse, DWI’s and other alcohol related crimes or injuries like alcohol poisoning. It should also be a concern that when providing information to a website that specializes in producing fake IDs there is a risk of potential identity theft.

What should retailers, bartenders and bouncers know?

They should all be TABC certified or have a TABC sellers license. With Fake IDs becoming more mainstream, websites from overseas are able to manufacture them so they look exactly like the real thing. These fake IDs may even have real pictures, real addresses and real birthdays (with the year changed) to make them harder to spot and easier for the user to remember. Long gone are the days of using fake information, now minors think using their real information is worth the risk. If you find a fake ID, be sure to confiscate it and if possible notify the authorities so the minor can be charged and you won’t be held liable.

What do I do if I am caught in possession of or selling a Fake ID?

First, be aware that manufacturers who sell fake or “novelty” IDs may be undercover officers trying to catch you purchasing one. There are multiple TABC undercover stings that take place in the bars and clubs on 6th Street, so not owning a fake ID is the best way to avoid a confrontation with the law. There are also undercover agents who try to purchase counterfeit IDs from individuals selling them, which is considered tampering with or falsifying government records.

If you are caught with a fake ID and ticketed or caught selling counterfeit identification, call the Law Offices of Jason Trumpler at (512) 359-3300 for a free consultation to discuss your case. The Law Offices of Jason Trumpler specializes in these cases involving minors and would be able to represent you or a loved one if you find yourself in this predicament.

Remember that just because Fake IDs are widely held by college age students, there are still serious consequences that can occur when using one.

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