DUI With Possession of a Fake ID
Alcohol crimes are taken seriously by Florida courts. If you are stopped for a DUI, you could face harsh penalties. A typical DUI is a misdemeanor crime for which you can face up to a year in jail. First-time DUI convictions generally lead to up to 6 months of jail time and fines of between $500 and $1000. Your license could also be suspended for a period of six months to one year. In Florida, however, if you are stopped for a DUI but present a fake ID to the arresting officer, you could face much harsher penalties for possessing the fake ID itself than for driving under the influence.
Possession of False or Stolen Identification
It is fairly common for adolescents and under-21 college students to acquire fake or stolen IDs to purchase goods that are off-limits to them. Many young people make the mistake of using fake IDs to purchase cigarettes, alcohol, or get into nightclubs without realizing the possible repercussions. Yet arrests for fake IDs may not be as common because the IDs themselves are often confiscated without being reported to authorities. In situations where police do arrest and charge suspects for possessing false identification, the grand majority of arrestees are shocked to discover that this crime in and of itself is much more serious than a first-time DUI.
Possession of false or stolen identification is identified in Florida Statute §322.212 as a third degree felony for which one who is charged could face up to five years in prison and a fine of up to $5,000 if convicted. This is shocking to many who realize that even a third-time DUI is a misdemeanor crime if the previous DUI had occurred ten or more years prior. Felony charges are the most serious charges anyone can face, which is why if you have been caught with false identification you need tough representation by a criminal defense attorney who fights fake ID charges in West Palm Beach.
When fake ID charges are coupled with charges for underage possession of alcohol and/ or underage DUI charges, a strong defense is vital to maintaining a clean record. Most who are caught with a fake ID are approaching their prime years, whether they are wrapping up high school or just getting oriented in college. Many are first-time offenders who may be able to avoid trial or entering a plea via pretrial intervention.
Do not let these charges affect your future; contact attorney Brian Gabriel of West Palm Beach for a thorough defense. With over 30 years of experience defending DUI and other drug and alcohol crimes, Mr. Gabriel will see to it that everything is done to secure the best possible outcome for your false ID case. Call The Law Office of Gabriel & Gabriel at 561-622-5575 to schedule a free consultation or contact us.
Frequently Asked Questions About DUI With Possession of a Fake ID in Florida
Will I go to jail after being arrested for drunk driving in Florida?
In Palm Beach County, any individual arrested for a DUI will be taken to the Palm Beach County jail and held there a minimum of eight hours following his arrest. This is purely for the sake of ensuring that an individual that law enforcement has accused of being impaired does not get back out on the road. So again, you will be held, but you will be released after a period of eight hours.
What should I do if I have been charged with a third or fourth DUI?
Individuals charged with a third or fourth DUI have to take into effect that there is a high probability that the State of Florida will up those charges to a felony offense. In Florida, an individual that has been charged with a third DUI that has priors within the last 10 years, can sometimes be classified as a felony offense, and for a fourth-time offense, will routinely be classified as a felony offense.
Again, looking into and being prepared for those actions to happen means that your attorney would assist you in being able to gather the significant pieces of evidence that are going to be needed for an offense of that type of severity because you’re going from a simple misdemeanor traffic crime DUI to now a felony offense DUI, that in certain circumstances, can subject you to five to 15 years in prison.
What defenses are there in a DUI case?
There are hundreds, if not thousands of defenses in a DUI case. There is the defense, obviously, that the evidence lacks showing impairment. There are defenses that deal with whether or not you are operating the vehicle as to the driver. There are defenses of whether or not it can be established through proper evidence, whether or not other things were impairing your judgment, and actions that a jury looks at. There are defenses that deal with the lack of evidence or conflicting evidence. There are numerous, numerous types of defenses that come about in DUI cases.