Florida Possession of Fake ID & Minor in Possession of Alcohol

The use of fake IDs among underage Floridians is more common than you might think. But even though this may not seem a dangerous action, Florida fake ID laws are harsh and can carry severe penalties for this offense. 

In the first two months of Fall 2021, the FSU Police Department made over 30 arrests for fraudulent IDs. Using a fake ID is a serious matter and can result in criminal charges if law enforcement is involved. 

If you or a loved one were arrested for carrying a fake ID in Florida, you should discuss your next steps with a defense attorney. Call 727-828-3900 to book a free consultation with a criminal lawyer in the Tampa Bay area. 

Florida Fake ID Laws

Florida Statute 322.212 covers the legislation regarding fake IDs. According to this statute, it is a criminal offense to possess or display a blank, stolen, forged, fictitious, or unlawfully issued ID, including driver’s licenses and any other type of identification cards. 

In addition to possession, Florida fake ID laws also criminalize the following offenses: 

  • Sale, manufacture, or delivery of a fraudulent ID.
  • Barter, trade, sell, or give away any ID.
  • Agree to supply or to aid in supplying any person with an ID card by any means whatsoever.
  • Use a false or fictitious name or knowingly make a false statement when applying for a driver’s license or ID card.
  • Possess an ID that has had the date of birth altered.

Having a fraudulent identity card is illegal in Florida. As a result, you can be arrested if you break any fake ID laws. 

Penalties for Possession of Fake ID in Florida

Most fake-ID related offenses are considered third-degree felonies. In other words, a conviction for having, selling, manufacturing, or supplying a fake ID can result in 5 years of imprisonment and a fine of up to $1,000. 

Providing a false date of birth when applying for a driver’s license or any identification and having an ID with an altered birth date are second-degree misdemeanors. These charges can lead to up to 60 days of jail and a maximum fine of $500. 

If you have questions about your charges and the penalties associated with them, contact our criminal defense attorneys for a free consultation. 

Minor in Possession of Alcohol in Florida

Often, minors resort to fake IDs to purchase alcohol. However, the legal drinking age in Florida is 21 years. As a result, underage Floridians are not allowed to possess or be served alcoholic beverages. 

Violating these laws is commonly known as minor in possession or MIP, and it is considered a criminal offense. A first conviction for minor in possession of alcohol in Florida is a second-degree misdemeanor. Punishments can include up to 60 days of jail and a fine of less than $500. 

Subsequent offenses within 1 year after the first conviction are considered first-degree misdemeanors. In this situation, the penalties include up to 1 year of imprisonment and a fine of no more than $1,000. 

These punishments are also applied to people who knowingly served or sold alcoholic beverages to minors. However, if the minor used a fake ID to obtain alcohol, the alleged offender may use this as a defense.  

In addition to fines and incarceration, minors who use a fraudulent driver’s license to purchase alcohol may be required to complete up to 40 hours of community work. 

Don’t Go It Alone: Speak to a Criminal Defense Attorney

Using a fake ID and purchasing alcohol when you are minor is no joke. Although they may seem harmless, these actions are criminal offenses in Florida and as such they can lead to severe punishments. 

If you were arrested for possession of a fake ID or charged for minor in possession of alcohol in Florida, you should seek legal advice. Contact us today to book a free consultation if you are looking for a criminal defense attorney near the Tampa Bay area.