(512) 476-4626

Possession of Fake ID

Possession of a fake identification is in a similar vein to Texas’ statute on possession of a fictitious license. Both offenses involve an illegal misrepresentation of one’s identity; however, unlike a fictitious license offense, possession of fake identification does not an individual to be under the age of twenty-one (21).

In many circumstances, underage college students gain access to fake I.D.’s to gain access to certain clubs or bars, or to buy alcohol from distributors. Merely displaying a false form of identification is enough to be charged with a criminal offense under Texas law.

If you or someone you know was charged with displaying a fake identification, it would benefit you to discuss your charges with a skilled criminal defense attorney who can work with you to limit any penalties associated with your charges.

Attorney for Possession of Fake ID in Travis County, Texas

If you currently reside in Austin, Westlake Hills, Lago Vista, Lakeway, or Pflugerville and were charged with displaying a false identification, lending out your license, or committing another related offense, call The Law Office of Kevin Bennett at (512) 476-4626 to set up your free consultation with criminal defense attorney, Kevin Bennett.

At The Law Office of Kevin Bennett, Kevin Bennett has dedicated his career to defending clients like you with a level of professionalism and detail that cannot be found at every defense firm. With our offices located in the heart of Austin, we accept clients throughout Travis County.


Possession of a Fake ID in Texas


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False Identification Defined under §521.451

Texas Statute §521.451 states that an individual misrepresents is guilty of possessing false identification when he or she does any of the following:

      1. Knowingly displays or possesses a driver’s license or certificate that is fictitious or has been altered;
      2. Loans his or her driver’s license or certificate to another individual, or knowingly lets another person use the license or certificate;
      3. Represents or displays as his or her own another person’s driver’s license or certificate;
      4. Possesses multiple valid certificates or driver’s licenses; or
      5. Provides a false name, address, or counterfeit document, or knowingly provides a false statement, omits information, or commits fraud in a renewal, original application, or application for a duplicate driver’s license or certificate.

Violation of this statute qualifies as a Class A misdemeanor punishable by a maximum sentence of one year in jail, a fine of up to $4,000, or a combination of the two.


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Related Offenses and Other Fake ID Laws in Texas

  • Texas Alcoholic Beverage Code §106.07 – This offense is committed when a minor attempts to buy alcohol. The offense is charged as a Class C misdemeanor which can include a fine of up to $500, community service, and much more.
  • Texas Transportation Code §521.453 – An individual commits the offense (1) when he or she is not 21 years of age, (2) he or she possess a document that is similar to an identification certificate or driver’s license, (3) he or she intents to represent themselves as 21 years of age, and (4)the identification certificate or document does not have a display stating “Not a Government Document.”
  • Texas Penal Code §37.10 – Government records can include a variety of important identifying documentation such as passports, medical records, etc. This offense is classified as a Class A misdemeanor which is punishable by one (1) year in jail and a hefty fine.

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Additional Resources

Criminal Records Service– Visit the Texas Department of Public Safety to find out more about expunging criminal records. This website provides resources for individuals convicted of a criminal offense who wish to wipe their charges from their records. Also, find more information on orders of nondisclosure under Texas Government Code Section 411.081.

Municipal Court– Visit the Municipal Court page of the Austin Texas Government Website for more information on juvenile cases and other minor legal issues. This website provides contact information on the presiding judge and court clerk for the Municipal Court. Also, find locations for courts throughout the city of Austin.


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Find a Lawyer for Fake I.D. Possession in Austin, Texas

For most college-age students, getting a fake I.D. or letting a younger sibling use their I.D. make not seem like a serious offense, but Texas law treats it as such. If you or someone in your family was charged for using a fake I.D. or allowing another person to use his or her I.D. contact The Law Office of Kevin Bennett at (512) 476-4626 to schedule a no-obligation consultation to discuss your charges.

With our office in the heart of Austin, we also accept clients from surrounding cities including Pflugerville, Lago Vista, Sunset Valley, and Westlake Hills. At The Law Office of Kevin Bennett, criminal defense attorney, Kevin Bennett is prepared to work with you to find the most positive outcome based on your circumstances.

We also accept those accused of fake I.D. possession in downtown Austin or on 6th Street.