Fake driver’s licenses can be doctored versions of real people’s licenses or totally fabricated licenses of fictional people. Both are common in Nevada and particularly in Las Vegas, where IDs are necessary to access most attractions.
Possessing or using a counterfeit, reproduced, or otherwise fake driver’s license is a Nevada fraud crime if you have fraudulent intentions. There are many reasons people seek out fake driver’s licenses, such as:
- people under 21 trying to purchase marijuana, drink liquor, rent a car, or partake in other adult activities,
- people under 18 trying to get into clubs, get a body piercing, or get a tattoo,
- undocumented aliens trying to get a job,
- debtors trying to get a loan they are not qualified for,
- a laborer trying to get an independent contractor job (where taxes are not deducted by default from their pay),
- activists trying to vote in elections they are not eligible to vote in, or
- an out-of-state resident applying for a casino job that is hiring only in-state employees.
Jail for a fake driver’s license
The punishment for having a fake DL depends on the offense. All of Nevada’s fake driver’s license crimes and their penalties are listed in the table below:
If you are under 18
If you are a minor under 18 caught using a fake driver’s license, you will be prosecuted in Nevada juvenile court rather than adult criminal court.8 Being adjudged delinquent likely carries fines, community service requirements, and a suspension of your driver’s license.9
In addition, having a juvenile record may cause you to be suspended, expelled, or disqualified from your school or college of choice. It could also bar you from getting scholarships or even a summer job.
How to fight the charges
Here at Las Vegas Defense Group, I have represented literally thousands of people accused of fraud, many involving cases of fake Nevada driver’s licenses (DLs). In my experience, the following five defenses can be very effective with prosecutors, judges, and juries in certain cases.
1. You never possessed the fake DL
Perhaps the DLs belonged to your roommate, and you had no knowledge they were even there. Or perhaps someone left the DLs in your home without your knowledge.
As long as you did not know about the DLs or exercised any actual or constructive possession over them, charges should not stand.
2. You had no intent to defraud
The key element in all fraud crimes is a criminal intent to deceive another person or business. Though perhaps you only kept the DLs for a joke or as a work of art.
The case should be dropped unless the D.A. can prove you had fraudulent purposes.
3. The police committed misconduct
I see cases all the time where police conduct an unconstitutional search or seizure without probable cause, or they search beyond the confines of the warrant. In these cases, I can ask the judge to exclude all the evidence the police obtained through their unlawful search.
If the judge agrees, and suddenly all evidence of the DLs becomes inadmissible, the D.A. may be forced to dismiss your case for lack of proof.
4. The DL was not fake, and the police made a mistake
In the same way it is hard to tell when DLs are fake, it is also hard to tell when DLs are real. Most police have little training in distinguishing real DLs from fake ones.
Once I show the prosecutor that your DL was genuine and the police made a false arrest, your charge should be dropped.
Automatic guilt for having five IDs
If you possessed five or more IDs of other people, Nevada courts can “infer” that you intended to break the law with them.10 However, I fight to “rebut this inference” by arguing that:
- you have no history of illegal activities with IDs,
- you had the ID-holders’ consent to possess their information, or
- you had no idea the IDs were there (perhaps someone planted them on you or left them at your home).
Depending on the case, I may be able to convince the prosecutor to reduce any charges down to a lesser offense or even a full dismissal.
Features of Nevada driver’s licenses
Nevada driver’s licenses (DLs) and Nevada ID cards not only display the holder’s name, date of birth, and other identifying information. Nevada state IDs also have the following physical security features and validation details:
- hologram
- ghost image
- 2d barcode
- UV ink (that shows in black light)
- teslin material
- state seal
- microprint battle born insignia
- gold star (on real IDs)
- fine line printing
Even still, there is no shortage of quality fake IDs – including scannable fake IDs – with all of the above features. Much of the time, even law enforcement officers and bouncers cannot distinguish between a fake Nevada DL and a real one issued by the DMV.
Even when there is a noticeable discrepancy between the information on a fake DL and the person carrying it (such as height or eye color), many of the store- or event-workers whose job it is to check IDs rarely take the time to discern these differences.
How to tell if a Nevada driver’s license is real
A Nevada DL is more likely to be real if you can see:
- the ghost photo
- the laser engraving of the person’s initials and year of birth
- the person’s date of birth, which should feel raised
- the white star against the Nevada state outline on the top right
However, computer software and 3D printers have gotten so sophisticated that forgers can easily share and download templates on the internet to create “breeder documents,” the term for fake/novelty DLs that appear authentic to most people.
Forgers can buy all the tools they need on the black market or “dark web” to create genuine-looking DL and ID cards encased in laminates displaying the hologram. There have even been rumors of Nevada DMV employees accepting bribes from forgers to give them DL/ID card-making equipment.11
Recent fake ID news stories in Nevada
- Man arrested after trying to use fake ID to purchase motorcycle (KSNV News 3)
- Suspect faces charges related to ‘forgery lab’ inside Strip hotel room (Las Vegas Review-Journal)
- Carson City arrest for fake ID lab, drugs (KOLO News 8)
- A closer look at voter ID issues in the Nevada GOP caucus (Las Vegas Weekly)
- Pahrump man nabbed on outstanding warrant found with fake voter ID, stimulus check (Las Vegas Sun)
Additional Resources
For more information about Identity Theft Laws in Nevada and elsewhere, refer to the following:
- Nevada Identity Theft Program – A state program to assist ID theft victims in restoring credit and avoiding criminal charges.
- Identity Theft Laws in Nevada – An overview of state laws by the Nevada Attorney General.
- Identifying Fake Drivers Licenses – Helpful article by the U.S. Department of Justice.
- Identity Theft Central – The IRS (Internal Revenue Service) explains how ID theft can affect your taxes and what you can do to avoid overpaying.
- Recovering from Identity Theft – The FTC (Federal Trade Commission) provides actionable advice on how to rebound from having your identity stolen.
Legal References
- NRS 205.460.
- NRS 205.460.
- NRS 205.465. Woloson v. Sheriff, Clark County, 93 Nev. 283, 564 P.2d 603. Fayer v. Vaughn, (9th Cir., 2011) 649 F.3d 1061.
- NRS 205.465.
- NRS 205.463.
- NRS 205.465.
- NRS 205.465.
- NRS 62A–H.
- Same.
- NRS 205.463. NRS 205.464. NRS 205.465.
- See Dan Goodin, ‘‘Tough to Forge’ Digital Driver’s Licenses Are—Yep—Easy to Forge, Wired (March 25, 2022).
