Unauthorized Possession of a Driver License, Possession of a Fake ID

By: John Guidry II

There are many different criminal charges that stem from possession of a fake ID, and their punishments range anywhere from five years in prison, to misdemeanors with up to 60 days in jail. In this video, we’re going to take a look at the differences between these charges and what it all really means.

Statistically speaking, there’s always a couple of people in a bar or club that snuck in with a fake ID. And most cops are going to arrest you for the felony version of this crime, giving you an online mugshot & criminal history for a felony, when there is a misdemeanor option available.

The good news is, we defense attorneys are going to be able to get this charge knocked down to a misdemeanor, or dismissed, depending on the facts. Now, there’s a huge chasm (redundant, I suppose) between the severity of the misdemeanor fake ID charge and the felony fake ID charge, so let’s take a closer look. Unauthorized possession of a driver license or identification card comes from Florida Statute 322.212, with the misdemeanor version found at 322.212(5)(b). Also there is a misdemeanor available for providing false identification to law enforcement, found in Florida Statute 901.36(1).

The felony charge of unauthorized possession of a driver license carries a maximum prison sentence of 5 years, or 5 years o probation and a max $5,000 fine. Yes, its that serious. The law on this, 322.212, lays out what constitutes a felony, and what constitutes a misdemeanor, and let me sum it up for you. Basically, if you’ve taken your very own ID and altered the date of birth, maybe because you’re under 21 and now want to be over 21 (for example), that crime is a misdemeanor of the second degree and is punishable by a maximum 60 days in jail, 6 months probation, and a $500 fine.

In college towns, this is a pretty common arrest even though the cops will usually book student into the jail on the felony, mugshots online and everything, even though the facts are really just a misdemeanor. The felony charge comes into play when you’re in possession of an ID that is not yours at all, or its entirely fake, maybe completely fabricated straight from some’s color printer. People do it, and either way, that sort of thing constitutes a felony.

Another way to get the felony is, let’s say, for example, that you borrow your older sister’s driver’s license in order to get into a club and you’re found in possession of that ID. that would be a felony “unauthorized possession of a driver license”. We’re also seeing lots of felony charges for this crime with false ID cards concerning immigration, because fake green cars fall under the felony category. So, be careful out there, there are plenty of defenses to these crimes but I highly recommend retaining a local defense attorney to help out. And, of course, you know that I’m going to mention the fact that I’ve been defending these allegations in Central Florida since 1993. In case you’re wondering, Central Florida is Orange County, Seminole, Osceola, Volusia, Lake, and Brevard. If it happened there, I hope you’ll give my office a call, I’m sure we can help you out.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.