What happens when you get caught with a fake ID in Iowa?
There are several different ID-related crimes that are associated with trying to get into a bar, or purchase alcohol while underage. Let’s take a look at the different ID-related crimes, the level of severity and the potential charges/penalties for each.
Misuse of Drivers License
The lowest-level ID-related crime is Misuse of Drivers License (belonging to another). This occurs when someone simply uses someone else’s ID in any fashion, representing it as their own. Note that it is not illegal to possess another’s ID, it’s simply illegal to use it. Also note that sometimes an officer might not know the law, or write up the charge based on an apparent intent to use the ID.
This is not truly a fake ID. It’s a real ID, that belongs to someone else. For this crime a defendant would pay a small fine, serve no jail time, and face a 30-day license suspension from the Iowa DOT.
Misuse of Drivers Licence for the Purpose of Obtaining Alcohol
The next crime is Misuse of DL (belonging to another) for the Purpose of Obtaining Alcohol. This crime carries the same criminal penalties, but the license suspension is increased to 6 months.
Possession of Fake ID
Finally we have the crime related to a completely fictitious ID. This would be an ID ordered via the Internet that was not manufactured by an appropriate state authority. Mere possession of this type of ID is a crime. It also carries the toughest penalties, up to one year in jail and a fine up to $1,875 (in 2010). More than likely the actual penalty would be no jail time and a fine of around $315, plus costs and court costs making the total closer to $500.
With the Possession of Fictitious ID crime, the defendant has the option of a deferred judgment. This option is not available on the Misuse charges detailed above. In that strange sense it could be better to be charged with this greater crime.
If a deferred judgment is granted, then the Iowa DOT should NOT issue any sort of license suspension. That’s another strange way as to why this may be the better crime to be charged with.
However, on a strictly level-of-the-crime interpretation, the Misuse charges are less severe, and can carry no jail time. And it is unlikely to receive no jail time or a deferred judgment if the defendant has a criminal or there were any unusual events surrounding the Fake ID charge.
Another warning, even though the Iowa DOT does not issue any sort of suspension/revocation after a deferred judgment, that does not mean that a defendant’s home state would not issue a suspension. Therefore, it’s not a bad idea to obtain an Iowa license/ID to avoid any interstate entanglements.