Using a false identification card might seem like a standard part of college life, but South Dakota law treats it as a serious criminal offense. If you face an accusation of misrepresentation of age, you need to know that the consequences involve potential jail time, fines and a suspended driver’s license.
It is a crime
Many students assume the worst outcome of getting caught involves getting ejected from a bar or losing the money paid for the ID. In reality, you are likely breaking state statutes. South Dakota classifies misrepresentation of age to purchase alcohol as a Class 2 misdemeanor. If you try to enter a casino or gamble while underage, the charge elevates to a Class 1 misdemeanor.
This distinction matters because Class 1 misdemeanors carry steeper penalties. Police in college towns and tourist areas like Deadwood enforce these laws strictly. A charge means you must appear in court rather than just pay a ticket by mail. However, first-time offenders often qualify for a Suspended Imposition of Sentence, or SIS. Successful completion of an SIS probation period seals the record from the public.
Your driver’s license is at risk
A surprising consequence for many young adults is the impact on driving privileges. State law mandates the suspension or revocation of your driver’s license for certain alcohol-related offenses if you are under 21.
This penalty applies even if you did not drive a vehicle during the incident. Losing your ability to drive creates immediate trouble if you rely on a car to get to class or work. The state views the use of a fraudulent government document as a breach of trust that justifies restricting your privileges.
Long-term impact on your future
A conviction appears on background checks and creates hurdles for your future. While federal financial aid rules have become more lenient regarding some criminal history, professional licensing boards remain strict.
Careers in nursing, law, education and finance often require a clean record regarding fraud or dishonesty. A background check that flags a crime of dishonesty might pause your application for a professional license or a job. A fun night out should not complicate your entry into the workforce.
Protecting a clean record
A single poor decision does not have to ruin your career prospects. Because criminal procedures are complex and deadlines are strict, navigating the court system alone is risky. Legal professionals can examine the details of the stop and the evidence against you to determine the best path forward. Consider speaking with an attorney who can help you work toward a resolution that keeps your record clean.