How much trouble am I in for possessing a fake ID?
Possessing a Fake ID is a Class One Misdemeanor
In South Dakota, using a fake ID is a class one misdemeanor, which is the highest level of misdemeanor offenses. The maximum possible penalty is one year in the county jail, a $2,000 fine, or both.
The statute is SDCL 32-12-67, which provides: "It is a Class 1 misdemeanor 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."
Possession of a fake ID has license consequences.
Although, in our experience, it would be unusual for an individual to serve a jail sentence as a penalty, there are additional potential consequences to a conviction for possession of a fake ID that are important to understand, which include a sixty-day driver's license suspension. This occurs due to SDCL 32-12-49(4). In these cases, the sixty-day driver's license suspension is an administrative decision made by the Department of Public Safety. Following a conviction for possession of a fake ID, the suspension usually occurs automatically by an agency that is different than the court.
I'm worried about my future following my fake ID citation. Will I be accepted to college?
Fake ID charges are problematic because SDCL 32-12-67 suggests a crime of fraud. This is an unfortunate consequence to consider when deciding how to proceed. Because possessing a fake ID is considered a crime of dishonesty, people who have been arrested or cited for possessing a fake ID can be prejudiced when they are applying for jobs or attempting to pursue further education.