Fake IDs and Criminal Consequences

Published for NC Criminal Law on September 02, 2015.

Fake IDs were ever-present on campus when I was an undergraduate. There were several varieties: a “novelty” driver’s license obtained from a private vendor, a doctored version of the underage person’s real driver’s license, a duplicate driver’s license from an older relative, friend or acquaintance who resembled the underage person, or, the gold standard: a DMV-issued driver’s license with the underage person’s picture but an older person’s name, address, and birthdate. These days, on-line vendors hawk fake IDs, and facial recognition software makes it nearly impossible to obtain the gold standard fake ID from DMV. Otherwise, not all that much has changed in the collegiate fake-id market. Often an underage person’s use of fraudulent identification leads to charges that are purely alcohol-related, such as the unlawful purchase or consumption of alcohol by an underage person. But other criminal charges may stem directly from the use of the fake ID. G.S. 18B-302(e) makes it a Class 1 misdemeanor to use fraudulent identification to do any of the following: (1) enter or attempt to enter a place where alcoholic beverages are sold or consumed, (2) obtain or attempt to obtain alcoholic beverages, or (3) to obtain or attempt to obtain permission to purchase alcoholic beverages. A conviction under G.S. 18B-302(e) triggers a mandatory one-year revocation of the person’s driver’s license. In addition, G.S. 20-30(3) makes it a Class 2 misdemeanor to display or represent as one’s own a driver’s license not issued to the person displaying it. DMV may suspend a person’s driver’s license for [...]