The information below is accurate to the authors' knowledge at the time it was written. This is general information and is not a substitute for legal advice. If you have questions about your legal situation, contact Student Legal Services or another attorney.
Fake IDs are often used to purchase alcohol, enter a bar, or to show that someone is at least 21. A "fake ID" can be many things, including: 1) an ID that was not made by the DOT/DMV; or 2) a real ID that does not belong to the person using it.
Possession or use of a fake ID can have different consequences related to criminal charges and driver’s license suspensions. If you are caught with a fake ID, your driver’s license can be suspended even if you are not charged with a crime.
Police officers have discretion to choose: 1) whether to charge you with a crime; 2) which specific crime to change you with; and 3) whether to take steps to initiate a driver’s license suspension.
Possible Criminal Charges
Iowa Code Section
321.216
321.216A
321.216B
321.216C
Prohibited Behavior
There are multiple reasons someone can be charged with this crime, but these are the most common for college students:
Possessing a revoked, suspended, fictitious, or fraudulently altered ID; or
Giving your real ID to someone else to use; or
Pretending someone else’s ID is your own.
There are multiple reasons someone can be charged with this crime, but these are the most common for college students:
Making a fictitious ID; or
Possessing a fictitious ID.
All of the following must apply:
Being under 21; and
Possessing a fictitious or fraudulently altered ID; and
Depending on the circumstances, possession or use of a fake ID may lead to a driver’s license suspension.
If you are convicted of a fake ID offense, and your real driver’s license is from Iowa, your license will be suspended for 30 days – 1 year. If your real driver’s license is from another state, that state determines the length of suspension, if any.
If you were charged with a fake ID offense, but the charge was dismissed, you may still be subject to a driver’s license suspension. If your real driver’s license is from Iowa and there is evidence that you used the ID, your license will be suspended for 30 days – 1 year. If your real driver’s license is from another state, that state determines if you will be suspended and, if so, for how long.
If the officer confiscated your fake ID but did not charge you with a fake ID offense, you may still be subject to a driver’s license suspension. If your real driver’s license is from Iowa and there is evidence that you used the ID, your license will be suspended for 30 days – 1 year. If your real driver’s license is from another state, that state determines if you will be suspended and, if so, for how long.
If your driver’s license is suspended, you will receive notice in the mail with the starting date of the suspension. To ensure you receive notice, make sure your mailing address is up to date. If your real driver’s license is from Iowa, you can visit the Iowa DOT website to update your mailing address.
You have the right to appeal a suspension but must submit your written appeal by the deadline in the notice.
After your suspension is over, you will need to complete reinstatement requirements, including paying a fee before you can drive again. If your real driver’s license is from Iowa, you can view your reinstatement requirements on the Iowa DOT website.
If you drive during the suspension or before your license is reinstated, you risk getting a criminal charge and a longer suspension.
