What is the Charge of a Fake Driver's License in Florida?

October 29, 2024

So, your child wanted to be like McLovin from the movie Superbad and get a fake ID so that she/he could buy some liquor or get into a club and party. Beware, that possession of a fake or fictitious identification (ID) or counterfeit driver's license (DL) in Florida is a criminal offense. In fact, the creation, possession, or use of a fake ID or DL is no trivial offense. Criminal charges range from a second misdemeanor offense to a second degree felony. Whether it's a high school student looking to buy alcohol, get into a bar or an operation producing counterfeit documents, the law in Florida treats these crimes with severity.

Fortunately, the lawyers at Donet, McMillan & Trontz, P.A. have knowledge and experience that is essential to resolving these unfortunate situations in a manner that will not permanently stain the life of a young adult. Below we outline Florida's legal system and how it distinguishes between individuals who possess fake DLs or IDs and those who manufacture or distribute them, imposing different penalties based on the nature of the crime.


Understanding the range of the charges for a fake DL or ID in Florida is crucial, particularly since these charges can lead to significant and long-term consequences. This blog delves into the charges for someone possessing a fake DL or ID and those involved in creating or distributing counterfeit forms of identification. You can also rest assured that our attorneys have extensive experience defending clients facing these serious charges, and we're here to explain how the law applies and what we can do if you find yourself in this situation.

Charges for Possession of a Fake Driver's License in Florida

Individuals found by law enforcement to be in possession of a fake DL or ID are charged under Florida law with either a criminal misdemeanor or felony offense that carries with it with serious penalties. Many people, particularly young adults, might view using a fake DL or ID as a minor infraction. In fact, most people believe that the intent of entering a bar, club, or buying alcohol before reaching the legal drinking age, with a counterfeit DL or ID is not a crime. However, Florida's legal framework treats the mere possession of a fake DL or ID with more gravity than a mere youthful mistake.

The Law on Possessing a Fake DL or ID

Pursuant to Florida Statute, Section 322.212 of the Florida Statutes, it is unlawful for any person to knowingly possess, display, or use a blank, counterfeit, or unlawfully issued driver's license or identification card. In addition, it is unlawful to sell, manufacture, or deliver a blank, forged, stolen, factitious, counterfeit, or unlawfully issued driver license or identification card. It is unlawful for any person to barter, trade, sell, or give away any driver license or identification card. Any person who gives a false age in any application for a DL or ID, or who possesses a DL or ID on which the date of birth has been altered can be arrested and prosecuted for a misdemeanor. Even if you haven't used the fake DL or ID to commit fraud, the mere act of having it in your possession can result in a criminal charge. This law applies to any individual who is found with a fake DL or ID, whether it was obtained online, through a third party, or via other means.

Penalties for Possession of a Fake ID

Under §322.212, if you are caught with a fake or counterfeit DL or ID, you can be charged with a third-degree felony. If however, the only criminal allegation is that a false age was given for the issuance of a DL or ID, or a DL or ID contains a date of birth that has been altered, the individual can be charged with the less serious misdemeanor charge. The cold harsh reality of the situation is that young adults caught with fraudulent DL or ID attempting to commit underage drinking can suddenly find themselves under arrest, in handcuffs and being transported to jail.


Here are some of penalties for the felony charge:

• Felony conviction: A third-degree felony can result in a prison sentence of up to five years, along with house arrest and probation.


• Fines: You could be fined up to $5,000 for possession of a fake ID.


• Permanent criminal record: A felony conviction can have long-lasting repercussions, including difficulty securing employment, renting an apartment, or gaining acceptance to educational institutions. An arrest and can also result in a disqualification from operating a motor vehicle.


• Possessing a counterfeit DL or ID can carry collateral consequences, especially for immigrants. A felony arrest could result in revocation of a student Visa, removal from the United States or other immigration related consequences.

Penalties for Creating or Selling Fake Driver's Licenses in Florida

Possessing a counterfeit DL or ID is a serious offense. However, the law in Florida is even more stringent when it comes to those involved in the creation, distribution, or sale of counterfeit driver's licenses. Individuals who make or have instruments and material for counterfeiting driver licenses or identification cards are subject to more severe charges and harsher penalties.

Manufacturing or Counterfeiting Fake Driver's Licenses

Florida Statute, Section 831.29, criminalizes the counterfeiting, forgery, or reproduction of state-issued documents, including driver's licenses or identification cards. If you're found to be manufacturing, altering, distributing or selling fake driver license or identification cards, you will likely be charged with a second-degree felony.

Penalties for Producing Fake Driver's Licenses

If you are involved in producing or distributing fake driver's licenses or identification cards, the penalties increase significantly:

• Second-degree felony conviction: This charge can result in up to 15 years in prison.
• Fines: You could face fines of up to $10,000.
• Multiple charges: In some cases, you could be charged with other crimes such as fraud, forgery, or racketeering, especially if the counterfeiting operation involves the creation of multiple fake IDs or other illegal activities like identity theft.

The production and distribution of fake driver's licenses and identification cards is viewed as a high-level criminal activity, often tied to broader illegal enterprises such as organized crime, identity theft rings, or financial fraud schemes. Because of the potential for widespread harm, law enforcement agencies, including federal authorities, often conduct thorough investigations into these operations, which can lead to additional charges.

Aggravating Factors: What Can Increase the Penalties?

Penalties for both possession and manufacturing counterfeit driver's licenses and identification cards can be further aggravated depending on the circumstances. Several factors could lead to more severe charges or enhanced penalties:

• Use of the Fake ID in Another Crime: If the fake driver's license was used in connection with another crime, such as committing fraud, identity theft, or credit card theft, this could result in compounded charges and significantly harsher penalties.


• Distribution to Minors: If you're found to have sold or distributed fake IDs to minors, particularly for purposes like underage drinking, additional charges could apply, such as contributing to the delinquency of a minor.


• Counterfeiting Equipment: If law enforcement discovers that you possess specialized equipment to manufacture fake driver's licenses, you could face additional charges of fraud, forgery, or even conspiracy.


• Multiple Offenses: Being a repeat offender will undoubtedly increase the severity of the penalties you face. Courts tend to impose harsher sentences on individuals who have previously been convicted of similar crimes.

Defending Against Fake Driver's License Charges

Whether you've been charged with possessing a fake driver's license or identification card or manufacturing counterfeit documents, having a strong legal defense is essential. The lawyers at Donet, McMillan & Trontz, P.A. have a wealth of experience in defending individuals facing these charges, and we can explore several legal defense strategies depending on your case's specifics.

Some potential defenses include:

• Lack of Knowledge: If you didn't know that the driver's license was fake, your attorney might argue that you lacked the criminal intent necessary for a conviction.


• Entrapment: If you were coerced or persuaded by law enforcement officers to engage in creating or using a fake ID, your attorney may argue entrapment.


• Unlawful Search and Seizure: If law enforcement violated your constitutional rights by conducting an illegal search or seizure, your lawyer might be able to get the evidence thrown out, which could weaken the prosecution's case against you.

How Donet, McMillan & Trontz, P.A. Can Help

At Donet, McMillan & Trontz, P.A., we understand that being charged with possessing or manufacturing a fake driver's license is a stressful and overwhelming experience. The legal consequences can be life-altering, particularly. Our experienced legal team can help defend your rights, explore potential defenses, and work to minimize the penalties you face. Contact us at (305) 444-0030 to schedule a consultation where we can detail how we can resolve your case.

Whether you've been charged with a third-degree felony for possession or a second-degree felony for counterfeiting, our team will provide the legal expertise you need. We specialize in criminal defense and are dedicated to achieving the best possible outcome for our clients.

Contact Us Today for a Free Consultation

If you or a loved one has been charged with the possession or creation of a fake driver's license, don't wait to seek legal representation. Contact Donet, McMillan & Trontz, P.A. today at (305) 444-0030 for a free, confidential consultation. We are ready to fight for your rights and ensure that your case receives the attention and defense it deserves.