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Law Offices Of Wiley Nickel, PLLC


Criminal Charges from Fake IDs

With the summer in full swing, and many students on summer break, there is a higher chance of getting into trouble because students now have unfettered free time. A common area of trouble for young adults is the obtaining and use of fake ID's to purchase alcohol or represent themselves in a way that is not true. A fake ID can be its own charge and can also lead to alcohol related charges for many in North Carolina. Often an underage person’s use of fraudulent/fake identification can lead 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 a fake ID in North Carolina.

North Carolina 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, North Carolina 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. The DMV may suspend a person’s driver’s license for up to one year for a conviction of this offense. A person who provides fraudulent identification for another person’s use also could face criminal charges in North Carolina. A person who allows someone else to use a driver’s license or other identification that was issued or given to that person violates G.S. 18B-302(f) if the person who is allowed to use the license or identification violates or attempts to violate the law barring the purchase, possession or consumption of alcohol by someone under 21 years of age. A violation of G.S. 18B-302(f) is a Class 1 misdemeanor and triggers an automatic revocation of the offender’s driver’s license for one full year.

And G.S. 20-30(2) makes it a Class 2 misdemeanor to counterfeit, sell, lend to, or knowingly permit the use of a driver’s license by a person not entitled to its use. DMV may suspend a person’s license for up to one year for conviction of this offense. Those who sell fake identification are not exempt from being charged, and can face more serious consequences. The sale of a simulated driver’s license is a Class I felony, which carries much longer sentences than lower levels of charges.  

If you are charged with having a fake ID contact The Law Offices of Wiley Nickel, PLLC.  We are located in Cary, NC and handle cases in Wake County.  You can reach our criminal defense lawyers at 919-373-2288 for a free consultation.

Wiley Nickel