With Main Street's bars, beach crowds, and nearby campuses like Golden West College, Huntington Beach draws plenty of college students on weekends. For students under 21, a fake ID can seem like a harmless way to get into a bar or buy a drink. But bouncers and police in Huntington Beach regularly confiscate fake IDs, and what many students expect to be a simple ticket can turn into a criminal record, a suspended driver's license, and a campus disciplinary case.
Is Using a Fake ID a Crime in California?
Yes. Several California laws can apply depending on how the ID was used and what kind of ID it was:
- Business and Professions Code 25661: It is a misdemeanor for anyone under 21 to present a false or altered ID to buy alcohol or enter a bar or other licensed premises.
- Penal Code 529.5: Possessing, making, or selling a document that looks deceptively similar to a government-issued ID is a misdemeanor.
- Penal Code 470b: Displaying or possessing a forged or altered driver's license with the intent to commit forgery is a wobbler that can be charged as a felony.
- Vehicle Code 14610: Using someone else's real license or a fictitious license is a misdemeanor.
If a student gives the fake ID or a false name to a police officer, prosecutors may also add a charge for providing false identification to law enforcement.
What Are the Penalties for a Fake ID in Huntington Beach?
A first-time conviction for using a fake ID to buy alcohol carries a minimum fine of $250, up to 32 hours of community service, or both. Penalties increase for repeat offenses. More serious charges involving forgery or manufacturing IDs can bring jail time and, in some cases, a felony record. Other consequences can include:
- Suspension or delay of your driver's license
- Additional charges for underage alcohol possession
- A criminal record that shows up on background checks for jobs, internships, and graduate school
- Problems with professional licensing later in your career
Can a Fake ID Charge Affect Your College Enrollment?
It can. Most colleges have student conduct codes that prohibit fake ID use and underage drinking, and some apply those rules to off-campus behavior. A student may face a separate disciplinary process through the school's Office of Student Conduct, with outcomes ranging from a warning to suspension or loss of housing, scholarships, or athletic eligibility. International students may also face visa consequences.
What Defenses Can Apply?
Possible defenses depend on the facts, but may include:
- No intent to use: You possessed the card but did not try to use it
- Not deceptively similar: The card did not realistically resemble a government ID
- Unlawful search: The ID was found during an illegal stop or search
- No forgery intent: The facts do not support the more serious felony-level charge
- Mistaken identity: The card belonged to someone else
Can a Fake ID Charge Be Kept Off Your Record?
In many cases, yes. First-time offenders may qualify for diversion, a reduced charge, or an infraction instead of a misdemeanor. If a conviction does occur, an expungement may help after the case is complete.
Talk to a Huntington Beach College Student Defense Attorney
One night out should not define your future. Attorney Michael L. Fell helps college students fight criminal charges and supports them through campus disciplinary hearings to help prevent suspension or expulsion. Learn more about our college student crime defense services, then call Law Office of Michael L. Fell at (949) 585-9055 for a free consultation.