A fake ID can be a shortcut at the time, especially for someone who wants to get into a bar or purchase alcohol before turning 21. Unfortunately, this minor decision can lead to unexpected legal trouble in South Carolina.
If you’ve been accused of using, possessing, or altering a fake ID, you might have a lot of questions.
Fake ID charges in South Carolina should be taken seriously. Here is what to expect and how to protect your rights.
Is Using a Fake ID Illegal in South Carolina?
Yes. Under South Carolina Code § 56-1-515, it is illegal to use someone else’s driver’s license, an altered license, or an identification card containing false information to defraud someone or violate the law.
For example, using another person’s driver’s license to buy alcohol or get into a bar could lead to criminal charges.
And you don’t have to be the person who made the fake ID to get into trouble. Using someone else’s identification card or one containing false information to defraud someone or violate the law can lead to a criminal charge.
Are There Penalties for Using a Fake ID?
There are several types of misdemeanor charges that you could face. These will depend on the type of identification involved and what you allegedly did with it.
- Using someone else’s or an altered ID: Under the law, using the ID to defraud someone or violate the law is a misdemeanor punishable by a fine of up to $100 or imprisonment for up to 30 days.
- Altering or selling a fictitious driver’s license: This is a misdemeanor that is punishable by a fine of up to $2,500, imprisonment for up to six months, or both.
- Possessing a fraudulently altered driver’s license or identification card: Under § 56-1-510, a first offense can result in a fine of up to $200 or imprisonment for up to 30 days. A second or subsequent offense can carry a fine of up to $500 or imprisonment for up to six months.
If you’re under 21, using false information about your age to purchase beer or wine can lead to a fine between $100 and $200, imprisonment for up to 30 days, or both.
Can You Lose Your Driver’s License for Using a Fake ID?
Unfortunately, a fake ID conviction can affect your actual driver’s license, even if you were not driving when the incident happened.
Under South Carolina law, the DMV must suspend driving privileges after certain identification-related and alcohol-related convictions, including violations of § 56-1-515. For qualifying convictions, the suspension periods are:
- First offense: 120 days
- Second or subsequent offense: One year
The state looks at qualifying convictions within the previous 10 years to see whether an offense is a repeat violation.
However, you may have options. South Carolina allows certain people who are employed or enrolled in a college, university, or court-ordered drug program to apply for a special restricted license.
To qualify, you must live more than one mile from work, school, or the court-ordered drug program, with no adequate public transportation available. If issued, the license limits when and where you may drive.
Could a Fake ID Charge Affect Your Future?
You might be thinking that a fake ID charge is just a mistake that will not matter a few years from now. Unfortunately, that criminal conviction can have consequences that extend beyond the original incident.
A conviction may come up during employment background checks or create problems when applying for certain professional licenses or educational opportunities.
When you work with a criminal defense attorney, they can also explain whether you may qualify for an expungement or another form of relief under South Carolina law.
Talk to Truslow & Truslow About a Fake ID Charge
Getting caught with a fake ID can be embarrassing. You may be worried about disappointing your family, losing your driver’s license, or having a criminal record affecting opportunities you’ve worked hard to pursue.
At Truslow & Truslow P.A., we understand that good people sometimes make mistakes and find themselves in unexpected legal situations. We believe in treating our clients with respect and providing help with their legal options.
If you’re facing any fake ID charges in South Carolina, contact us for a consultation.