Fake ID Laws in Texas: Misrepresentation of Age by a Minor (§ 106.07)

Where Fake ID Cases Get Filed

Most fake ID arrests in North Texas happen in:

• College towns and university districts
• Bars and clubs in Dallas, Fort Worth, and Plano
• Restaurants and venues in Deep Ellum, Lower Greenville, and Sundance Square
• Concert venues, sporting events, and festival sites
• Convenience stores during routine compliance checks

TABC (Texas Alcoholic Beverage Commission) agents and local police often run sting operations and undercover compliance checks at venues serving college-age customers.

Penalties Under § 106.07

A first offense under § 106.07 is a Class C misdemeanor punishable by:

• A fine of up to $500
• Mandatory alcohol awareness class
• Community service (typically 8 to 12 hours)
• Driver’s license suspension

A second or subsequent offense increases the fine and other penalties under § 106.071.

Driver’s License Suspension

The license consequences are often worse than the fine.

• First offense: 30-day driver’s license suspension
• Second offense: 60-day suspension
• Third or subsequent offense: 180-day suspension

A minor without a license is subject to a delay in being able to apply for a license. Suspensions are administered by the Texas Department of Public Safety and run separately from the criminal court process.

Mandatory Alcohol Awareness Course

Almost every § 106.07 case includes an alcohol awareness or alcohol education program. Completion is required to satisfy the judgment, and it is often required to qualify for license reinstatement.

Long-Term Record Consequences

A § 106.07 conviction:

• Appears on background checks
• Can affect college admission and academic standing
• Can affect scholarships, fraternity or sorority membership, and ROTC participation
• May affect security clearances and federal job applications
• Stays on the public record unless expunged

When a Fake ID Becomes a Felony

A simple § 106.07 case is a Class C misdemeanor. But fake ID conduct can also be charged under more serious laws.

Tampering With a Government Record (Penal Code § 37.10)

If the fake ID is treated as an altered or counterfeit government document, the State can charge tampering with a governmental record. Depending on the document and intent, this can be a:

• Class A misdemeanor, or
• State jail felony, or
• Third-degree felony, or
• Second-degree felony

A counterfeit Texas driver’s license, especially one with a real Texas DPS template or a real or stolen identifier, can support a felony tampering charge. Many college students do not realize their fake ID purchase exposes them to felony liability, not just a misdemeanor.

Fraudulent Use or Possession of Identifying Information (Penal Code § 32.51)

If the fake ID uses someone else’s name, date of birth, or driver’s license number, the State can charge fraudulent use or possession of identifying information, which is a felony at every level.

Forgery (Penal Code § 32.21)

A homemade or altered ID can also support a forgery charge. Forgery of a government document is a state jail felony.

These felony charges carry years of state jail or prison exposure, much heavier fines, and far more severe consequences than the misdemeanor under § 106.07.

What the State Must Prove

For a § 106.07 case, the State must prove the defendant:

• Was a minor (under 21) at the time
• Falsely represented being 21 or older, or presented a document indicating they were 21 or older
• Did so to a person selling or serving alcohol

For the felony enhancements, the State must also prove the document was altered, counterfeit, or used to claim someone else’s identity.

Common Defenses to Fake ID Charges

Our attorneys evaluate every fake ID case for defenses and diversion options.

The Item Is Not a Government Document

Some “fake IDs” are clearly novelty items and would not pass any reasonable inspection. The Penal Code definitions for tampering and forgery require a writing that purports to be a government document. Items that are obviously novelty pieces may defeat a tampering charge, even if the § 106.07 misdemeanor still applies.

No Knowing Use

For a misrepresentation charge, the State must prove a knowing false statement. If the minor was given the ID without realizing it was fake, or if the minor never actually used it to obtain alcohol, the case can have factual problems.

Illegal Search or Seizure

Many fake ID cases come from a stop-and-frisk, a backpack search, or a venue search at the door. If the search was unconstitutional, the evidence can be suppressed. Successful suppression often leads to dismissal.

Pretrial Diversion and Deferred Disposition

Most North Texas counties offer programs for first-time fake ID defendants:

• Deferred disposition at the Class C level, leading to dismissal upon completion of conditions and possible expunction
• Pretrial intervention for higher-level charges, leading to dismissal upon completion
• Class B alcohol education programs that satisfy several conditions at once

These options are not automatic. They require a formal application and acceptance into the program.

Expunction and Non-Disclosure

After dismissal or successful diversion, our attorneys help clients pursue:

• Expunction of the arrest and charge under Article 55 of the Texas Code of Criminal Procedure
• Order of non-disclosure for cases that finished as deferred adjudication
• Eligibility starts after statutory waiting periods, so timing matters

What Parents Should Know

Parents often hear about fake ID arrests after the fact. A few practical points:

• The minor may sign for a citation themselves, even though they are still a minor for many other purposes.
• The driver’s license suspension can be triggered before the criminal case is resolved.
• Felony charges can apply if the ID involved fits a tampering or fraudulent use theory, even on a first offense.
• Schools may run a parallel disciplinary process, especially in Greek life or athletics. Criminal counsel can sometimes help coordinate that response.
• Federal financial aid is generally not affected by a § 106.07 conviction alone, but a felony fake ID conviction can have aid consequences.

What Happens After a Fake ID Arrest

The procedural path depends on the level of charge.

• Class C cases are filed in justice or municipal court. They proceed quickly and often resolve at a first or second setting.
• Felony charges require an indictment and proceed in district court.
• License suspensions are processed by DPS and can be challenged in some cases.
• TABC investigations of the venue may run separately and do not directly involve the minor’s case.

Resolving the case quickly helps reduce the chance of additional charges, returns the license to active status sooner, and minimizes the long-term effect on the minor’s record.

Why Choose the Law Offices of Richard C. McConathy

Fake ID cases look minor until they aren’t. A bad disposition can affect college admission, scholarships, and career opportunities for years. Our attorneys treat every fake ID case as an opportunity to protect the client’s future, not just resolve the citation.

With more than 35 years of criminal defense experience and over 6,000 cases handled, our firm has worked with students and young adults across the Dallas–Fort Worth region. We represent clients in Dallas, Tarrant, Collin, Denton, and surrounding counties, and we know the prosecutors and procedures that affect these cases.

If your child is facing a fake ID charge, it’s important to act quickly and speak with a Dallas Juvenile Crime Defense Lawyer who understands how these cases are handled in the juvenile system and what’s at stake for their future.

For older students or young adults—or if the case may be treated in adult court—our Criminal Defense Lawyer Dallas can step in, review the situation, and guide you on the best path forward.

Frequently Asked Questions

Is a fake ID a felony in Texas?

It depends on the charge. A simple misrepresentation under § 106.07 is a Class C misdemeanor. A counterfeit driver’s license can support a felony tampering charge under Penal Code § 37.10. Using someone else’s identifying information can support a fraudulent use felony under Penal Code § 32.51. Different facts trigger different charges.

Will my driver’s license really be suspended for a fake ID?

Yes. A first offense under § 106.07 carries a 30-day driver’s license suspension. A second offense carries 60 days, and a third 180 days. The suspension is administered by DPS and is in addition to any fine or court fee.

Can a fake ID conviction be expunged?

Yes, in many cases. A dismissal, acquittal, or successful deferred disposition can lead to expunction once the statutory waiting period has passed. A straight conviction for § 106.07 generally cannot be expunged. Eligibility depends on the disposition.

Will paying the fine end the case?

Paying the fine is treated as a guilty plea. The conviction becomes final, the license suspension begins, and the record stays on file. Many minors and parents do not realize this when they pay the ticket online. Our attorneys generally advise speaking with counsel before paying any fake ID fine.

Can I be charged just for telling a server I’m 21?

Yes. The statute covers any false statement of age, with or without a document. Convictions for verbal misrepresentations are less common but legally available.

Will a fake ID arrest affect college applications?

It can. Many colleges ask about prior arrests, citations, or convictions on admissions applications. Disciplinary committees, scholarship committees, and Greek life groups may run their own processes. Resolving the case favorably and pursuing expunction can limit the long-term effect.