Most people associate fake IDs with underage people trying to enter a popular night spot to do some drinking. While getting pinched by a bouncer by presenting a bogus license is the most common type of driver’s license fraud, there are many other, much more serious acts of identity fraud that can lead to felony charges.
The penalties are severe because counterfeit driver licenses help establish false identities, which can then be used to commit financial fraud, money laundering, and even more serious offenses like human trafficking and terrorism.
Is generally investigated by the Fraud Section of the Department of Highway Safety and Motor Vehicles (DHSMV). An investigation starts when a victim of identity theft or a member of law enforcement or other government agency files an investigation request, form HSMV 72068 (Rev. 09/22). Investigations are also often triggered when the DMV runs a facial recognition scan after a suspicious driver’s license application. (Martinez Gonzalez v. Florida Department of Highway Safety and Motor Vehicles (2022). Given the recent crackdown on immigration, the DMV is likely to work with other agencies, such as Immigration and Customs Enforcement (ICE), to verify identities.
Committing driver license fraud in Florida can lead to harsh consequences, depending on the type of fraud and a person’s criminal history. Some offenses, like the college kid with the fake ID, might be charged as misdemeanors, but many forms of driver license fraud are felonies.
Certain actions, like giving a false age on an application or possessing a license with an altered birthdate, can result in second-degree misdemeanor charges. A judge can impose fines up to $500 and up to 60 days in jail. Unauthorized possession, depending on circumstances, might also be a misdemeanor, but with higher fines, probation, community service, and up to a year in jail.
Many driver license fraud activities are classified as third-degree felonies. This includes knowingly possessing a forged, stolen, or counterfeit license, or selling, manufacturing, or delivering such documents. A third-degree felony conviction is punishable by up to five years in prison and fines up to $5,000. Having tools to counterfeit licenses also falls under these more severe charges.
Beyond criminal penalties, the DHSMV has the authority to suspend the driving privileges of anyone believed to have obtained a license through fraud, sometimes even without a preliminary hearing. The DHSMV flags records suspected of fraud and issues suspension notices.
A conviction for driver license fraud, especially a felony, results in a permanent criminal record which can make it harder to find work, get a professional license, apply for housing, and more.
Factors like intent, prior criminal history, and whether the fraudulent license was used in connection with other crimes can influence the severity of the charges and penalties.
Prosecutors must prove intent—that the accused knowingly intended to defraud. An honest mistake might not meet this threshold, and facial recognition software can make mistakes. Call 407-759-3219 to speak with an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.