A fake ID might feel like a harmless shortcut for underage drinking or getting into a bar before you turn 21. In South Carolina, it is a criminal offense that can follow you long after one night out.
Under South Carolina criminal law, most fake ID cases start as a misdemeanor, but the criminal penalties can escalate fast if the ID involves someone else’s real identity or gets used to commit fraud. Fines, jail time, and a suspended driver’s license are all on the table, even for a first offense.
If you or your student are already facing a fake ID charge, contact Touma Law Group today for a free consultation before you talk to anyone else.
How South Carolina Charges a Fake ID Case
South Carolina’s fake ID laws handle most charges under South Carolina Code Section 56-1-515, the law that covers fraudulent driver’s licenses and identification cards. The charge you face depends on what you actually did with the ID.
- Making, altering, or selling a fake ID: This is a misdemeanor punishable by a fine of up to $2,500, up to six months of jail time, or both.
- Possession of a fake ID that belongs to someone else, or one with false information: This is a misdemeanor punishable by a fine of up to $100, up to 30 days in jail, or both. Courts sometimes add community service or probation conditions on top of the statutory fine.
A separate law, South Carolina Code Section 63-19-2440, covers minors who purchase, attempt to purchase, consume, or possess beer or wine. Police often charge both laws together when underage drinkers use a fake ID to buy alcohol. That charge carries a fine between $100 and $200, up to 30 days in jail, and a mandatory alcohol education program through the Department of Alcohol and Other Drug Abuse Services.
None of these are small consequences. A conviction becomes part of your criminal record and can show up on background checks for years.
What Counts as a Fake ID Under South Carolina Law
A “fake ID” covers more ground than most people expect. Under South Carolina law, it includes:
- A completely fabricated identification card or personal identification card
- A real ID that has been altered, such as a changed birth date
- Someone else’s real, valid ID used to misrepresent your identity
- A novelty or “fake ID student card” sold online that mimics a real license
- An ID with a working barcode or magnetic stripe that was never legally issued to you
Fake ID cards sold online often copy real security features almost exactly, down to the holograms, UV ink, and scannable barcodes that make up a license’s fake ID components. Looking real does not make it legal. If the state did not issue the identification card to you, it counts as fraudulent identification and possessing false identification no matter how convincing it looks.
Fines, Jail Time, and License Consequences
The table below breaks down the fines, jail time, and license consequences tied to a fake ID charge in South Carolina. Every case is different, and a judge has discretion within these ranges.
| Offense | Classification | Fine | Jail Time | License Consequence |
|---|---|---|---|---|
| Making, altering, or selling a fake ID (56-1-515) | Misdemeanor | Up to $2,500 | Up to 6 months | Mandatory suspension |
| Possessing or using a fake ID (56-1-515) | Misdemeanor | Up to $100 | Up to 30 days | Mandatory suspension |
| Using a fake ID to buy alcohol as a minor (63-19-2440) | Misdemeanor | $100 to $200 | Up to 30 days | Mandatory suspension |
| Fake ID tied to identity theft (16-13-510) | Felony | Court’s discretion | Up to 10 years | Case dependent |
One detail surprises a lot of clients: under South Carolina Code Section 56-1-746, a conviction on almost any of these charges triggers an automatic license suspension from the DMV. A first offense means 120 days. A second offense within ten years stretches that to a full year, even if the fake ID had nothing to do with driving.
Getting your driving privileges back means meeting the SCDMV’s reinstatement requirements, which can include a reinstatement fee and any required alcohol education program. That is a real disruption if you rely on your license for work, school, or family.
When a Fake ID Charge Becomes a Felony
Most fake ID crimes in South Carolina stay in misdemeanor territory. A few situations push them into felony charges instead.
| Aggravating Factor | Possible Felony Charge | Maximum Penalty |
|---|---|---|
| Using another person’s real name, birth date, or Social Security number | Financial identity fraud (16-13-510) | Up to 10 years |
| Producing or altering an ID for financial gain over certain amounts | Forgery (16-13-10) | Up to 5 or 10 years, depending on value |
| Manufacturing or selling fake IDs across state lines or in bulk | Federal fraud charges (18 U.S.C. Section 1028) | Up to 15 years |
| Using a fake ID with a stolen credit card or during another crime | Additional fraud or theft charges | Varies by charge |
Identity theft is the line that matters most here. Buying a novelty ID with a made-up name is treated very differently than using a real person’s license or Social Security number to pass yourself off as them. The second scenario can turn a $100 misdemeanor into a felony identity fraud case.
Repeat offenses matter too. A second offense, especially one involving an attempt to avoid identification during a stop or arrest, tends to bring higher fines and more jail exposure than a first-time mistake.
What Prosecutors and Law Enforcement Look For
Bouncers, retail clerks, and law enforcement are trained to spot fraudulent identification. Common red flags include:
- A birth date that does not match the person’s apparent age
- Edges, fonts, or lamination that feel slightly off
- A barcode or magnetic stripe that scans with mismatched information
- Inconsistent answers when asked to confirm an address or zip code
Once law enforcement gets involved, the case moves fast. Officers usually confiscate the ID, take a statement, and issue a citation or make an arrest depending on the circumstances.
Building a Defense Against a Fake ID Charge
A fake ID charge is not automatically a conviction. Several defense angles can apply, depending on the facts.
- Lack of knowledge: If someone else gave you the ID and you had no reason to know it was fake, that matters.
- Improper search or seizure: If the ID turned up through a search that violated your rights, it may not be usable as evidence.
- Misidentification: Sometimes the wrong person gets charged in a group setting, especially at parties or bars.
- First offense and cooperation: Courts sometimes offer diversion programs or reduced charges for a first offense with no other record.
We cannot promise a result before we know the facts of your case. What we can do is review the police report and your record, then explain the realistic paths forward.
Fake ID Cases in Greenville, Columbia, Anderson, and Beaufort
Fake ID charges show up constantly around South Carolina’s college towns, and the process looks a little different depending on where the case lands.
Near Furman University in Greenville, cases typically move through the county’s magistrate and general sessions courts, including the bond court process for anyone who was arrested rather than just cited. Our Greenville criminal defense lawyer team handles both.
In Columbia, fake ID cases tied to University of South Carolina students are common enough that our Columbia criminal defense lawyer team regularly coordinates with the university’s judicial affairs office alongside the criminal case.
Around Anderson and the Clemson area, cases move through the Anderson County criminal court process, and our Anderson team can walk you through what to expect at each stage. Beaufort does not yet have its own practice area page on our site, so Beaufort clients should call our main office line to connect with an attorney serving that area.
How a Fake ID Charge Can Affect College Students
For college students, the courtroom is often the smaller problem. Many schools run their own conduct process independent of the criminal case.
- University disciplinary action: Most schools treat a fake ID arrest as a code of conduct violation, separate from any court outcome.
- University housing: Some housing agreements include conduct clauses that a criminal charge can trigger.
- Scholarships and financial aid: A conviction can jeopardize aid tied to good conduct standards.
- Immigration issues: International students should talk to an immigration attorney before entering any plea, since even a misdemeanor conviction can raise immigration issues a criminal court will not address.
A single charge can turn into two separate problems: one in criminal court, and one with the school.
What Minors and Their Parents Should Know
When the person facing charges is under 18, the case usually moves through the juvenile division rather than adult court. South Carolina’s juvenile process focuses on rehabilitation, but a juvenile delinquency finding still creates a record that can matter later, including for college applications. Disorderly behavior at the same event, like a party broken up by police, can also add charges on top of the fake ID itself.
What to Do If You Are Charged With Having a Fake ID
- Stay quiet beyond basic identifying information. You do not have to explain how you got the ID.
- Do not resist or argue with law enforcement. Save your explanation for your attorney.
- Write down what happened while it is fresh, including the location, time, and what the officer said.
- Keep any paperwork you receive, including citations, court dates, or a police report.
- Call a criminal defense attorney before your first court date. Early advice can shape what happens next.
Protecting Your Record After a Fake ID Charge
A fake ID conviction does not just mean a fine. It means a criminal record, a possible license suspension, and in some cases a felony charge. Every case depends on its own facts, and an attorney who knows how South Carolina prosecutors, universities, and the SCDMV handle these charges can make a real difference in how yours plays out.
Touma Law Group represents clients facing fake ID and identity fraud charges across Greenville, Columbia, Anderson, and Beaufort. Schedule your free consultation to talk through your options before your next court date.
Frequently Asked Questions
Usually not. Most fake ID cases are charged as misdemeanors under Section 56-1-515. It can become a felony if the ID involves someone else’s real identity, financial fraud, or manufacturing and selling fake IDs on a larger scale.
In most cases, yes. South Carolina Code Section 56-1-746 requires the DMV to suspend your license after a conviction under the fake ID or underage alcohol statutes, even if you were not driving when the ID was used.
A second offense within ten years generally brings higher fines, a longer possible jail sentence, and a one-year license suspension instead of the 120-day suspension for a first offense.
It can. Many universities run their own disciplinary process for a fake ID arrest, separate from the criminal court case. That process can affect housing, scholarships, and standing with the school regardless of the court outcome.
Contact an attorney who handles juvenile cases as soon as possible. Juvenile cases move through a different court process, and how the case is handled early on can affect your child’s record going forward.
