Updated: Apr 26, 2022
South Dakota takes Fake ID charges seriously. Especially in Deadwood! No one wants to be left out of the bars and many college students obtain Fake IDs to gain access to bars, casinos or purchase alcohol. A Fake ID is any document that when displayed for purposes of identification displays false information (i.e. date of birth with your real name, false name, sibling name, etc.). Additionally, you could be charged with the offense of false impersonation if you use another individuals real license/i.d. card in addition to Possession / Display of a Fictitious Drivers' License.
The Fake ID offense is codified in South Dakota as:
32-12-67. Possession of revoked or altered license--Misdemeanor.
It is a Class 1 misdemeanor (punishable by one year imprisonment in a county jail or two thousand dollars fine, or both) for any person to display or cause or permit to be displayed or have in that person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver license.
Unfortunately, the consequences exceed the potential punishments listed above. The Department of Motor Vehicles will suspend an individuals license (driving privileges) for sixty (60) days if they are under the age of twenty-one (21). Most importantly for college students is that many graduate, professional, and advanced study programs as well as some employers will consider this offense a "crime of dishonesty" or "fraud" which will need to be disclosed on applications and could result in preclusion from some fields of study, employment. This offense might also have scholarship and athletic eligibility consequences.
This is a common offense that Schlimgen Law handles and routinely secures alternative, beneficial outcomes to prevent one night of fun from barring a lifetime of opportunities. Additionally, Schlimgen Law offers clients to utilize a Power of Attorney and have counsel appear on their behalf so they will not have to return for their court date in South Dakota.