#SpoonTip: Spoon University does not support underage drinking or binge drinking. Spoon also doesn't support the use of fake IDs, ever. Either drink responsibly or go get pizza.
If you're a college freshman, sophomore, or even a junior, I'm gonna take a second to call you out. You probably have plans this weekend to pregame in the dorm (shoutout to Burnett's), roll up to the bar about 14 friends deep, and use your fake ID to slide right in. Sure, it's nbd, your older sister passed it down to you and you totally look 26. Seriously, no judgments here; most of us have been there.
But beyond underage drinking, which you already know is illegal and according to some adults and J-Kown, "very bad," your fake could get you in more trouble than you know.
Let's say the bouncer isn't some cute older frat guy you sit behind in COM 201 (or maybe he is and he's just saltier than usual), but he notices your fake and doesn't let you in. Honestly, that's best case scenario. Text up your bestie if she's not next to you out on the curb and find a party to go to, or go get Taco Bell.
But now, let's say your fake ID is taken from you.
Scenario 1: The bouncer took your fake
You hate to see it. You can either a) try to buy it back or b) understand that it's gone now. This is why we can't have nice things.
However, you should beware that some bars turn fake IDs into the police at the end of the night. If your fake ID is an actual fictitious or fraudulent document not made by the state (aka your friend knew a guy) and it has a real photo of you with your real information minus age, it's very possible you could get in some serious legal trouble.
Laws vary by state, but the most common consequences for having a fake ID are getting charged with a misdemeanor (a felony in some states), losing your driver's license, paying a hefty fine, or even serving some time in jail. Generally jail can be avoided if it's your first arrest and the reason you had the fake was just to get some alcohol, but it's not guaranteed.
For example, in New York state, you could be charged with a class A misdemeanor. This could result in three years probation and a fine up to $1,000, according to criminal defense attorney Lance Fletcher who spoke with MTV News. However, that's not usually the case.
“The biggest consequence if you’re convicted in New York is that it goes on your permanent record and stays with you for life,” Fletcher added. I still consider that pretty serious, especially if you're applying for internships or jobs. Plus, some jobs will not be able to hire you if this is on your record.
In the state of Illinois, it's a little different. Those who use a fraudulent doc can be charged with a class 4 felony punishable up to three years in prison and a fine up to $25,000. YIKES.
If your fake ID was just a friend or older sibling's real ID and the police got it from the bar, you're probs in the clear, as long as you don't go back and try to claim it as your own (seriously, don't do that).
Scenario 2: You're caught using your fake by the police
Yeah, this one definitely feels scarier. You should know not to present a fake ID to the police as your real ID. But you could also get caught using your ID at the liquor store, in the bar, or even when you hand it over to the bouncer.
Whether you get caught using or not using the fake ID you got online, it's illegal to hold a fraudulent document and pretty much the same possible consequences as explained above apply.
On the other hand, (again, laws vary by state) if your fake is actually someone else's real ID and you're caught using it, you could be charged with a misdemeanor, or at the very least face vehicle or traffic charges. For example, in New York, you could be charged with criminal impersonation in the second degree (a class a misdemeanor), punishable up to one year in jail, three years probation, and a fine up to $1,000. This is the same as possessing a fake one.
While in Illinois, if you're caught using someone else's ID, you could be charged a class A misdemeanor punishable up to one year in jail and fines up to $2,500.
Don't freak out just yet
Of course, getting caught with a fake ID is very serious. But if this has happened to you, before you convince yourself you're going to be behind bars, there's a couple of things you should consider.
First, after you're charged, you still have to be convicted. A judge will take into account that you were using the fake to get into a bar and not obtain something worse like financial gains, which can lessen the charge and punishment. Many attorneys can even have misdemeanors reduced to infractions if it's your first offense.
However, no matter if your punishment is as simple as your driver's license being suspended, it will go on your record for a period of time. Eventually, you may be able to get it off, but still, it's something to think about.
Also, if you're ever arrested for a fake ID while you're in school, your college's administration could induce punishment. Take a look at your school handbook for their specific policies on the topic. Heck, while you're in there, give all the drinking policies a read (and check for a Good Samaritan Policy).
While all the cool kids may seem like they have fake IDs, these are some of the possible consequences if you use one. If you're pretending to be a legal, drinking age adult, consider these before you get one or even use one this weekend.
Nonetheless, if you insist on using a fake ID, educate yourself on your state's laws and your school's policy on the matter so if you do get caught, you know what comes next.