A similitude of a driver license is a document that looks like a real driver license but is not one
The term similitude of a driver license refers to any document designed to resemble an actual state-issued driver license without being a legitimate one. This includes fake IDs, novelty cards, expired licenses altered to look current, or documents created to imitate a real license's appearance and security features. The key distinction is that a similitude is not issued by your state's Department of Motor Vehicles (DMV) or equivalent agency, and it carries no legal authority.
Understanding what counts as a similitude matters because possessing one—even if you never use it—is illegal in all 50 states. The laws vary by state in how they define the offense, what penalties explore, and whether intent to use the document factors into the charge. Some states treat possession itself as a crime; others focus on whether you intended to use it to deceive someone.
Key Takeaways
- Possessing a similitude of a driver license is a crime in every state, regardless of whether you actually use it.
- State laws define similitudes differently—some focus on the document's appearance, others on your intent to use it fraudulently.
- Penalties range from misdemeanor charges with fines to felony convictions depending on the state and circumstances.
- A similitude includes fake IDs, novelty cards, altered real licenses, and any document designed to look like a legitimate driver license.
How states define and prosecute similitude possession
Each state has its own statute that defines what constitutes a similitude and what it means to possess one. Some states use the word "counterfeit" instead of similitude, but the meaning is the same: a document that mimics a real driver license. Most state laws make it illegal to possess, create, distribute, or use such a document.
The prosecution approach differs by state. In some jurisdictions, straightforward having a similitude in your possession is enough to be charged—intent does not matter. In others, the state must prove you intended to use it to deceive someone or commit fraud. A few states distinguish between possessing a similitude for personal use versus manufacturing or distributing them, with harsher penalties for distribution.
The charge itself is typically a misdemeanor for first-time possession, though some states elevate it to a felony if you have prior convictions or if the document was used to commit another crime. Felony charges are more common when the similitude was used to purchase alcohol, enter age-restricted venues, or open fraudulent accounts.
What counts as a similitude under the law
A similitude is not limited to completely fake documents. It includes any document that resembles a real driver license closely enough to potentially deceive someone. This covers novelty IDs sold online or at novelty shops, even if they are labeled "for entertainment purposes only." It also includes real driver licenses that have been altered—for example, changing the birth date, removing the expiration date, or modifying the photo.
Expired licenses that you continue to carry and present as valid identification can fall into a gray area depending on your state's law. If you straightforward keep an expired license in your wallet, that is typically not a crime. If you present it as current identification to someone who relies on it, the situation becomes more complicated and may be prosecuted as fraud or forgery rather than similitude possession.
Documents that merely reference a driver license but do not closely resemble one—such as a printed image or a photocopy marked "not for identification"—usually do not meet the legal definition of a similitude, though the line can be unclear.
Penalties vary significantly by state and circumstance
Penalties for possessing a similitude range widely. In many states, a first offense is a misdemeanor punishable by a fine between $100 and $1,000, sometimes combined with community service or a short jail sentence. Some states impose mandatory fines; others give judges discretion.
If you are charged with using the similitude—for example, to buy alcohol or enter a bar—the penalties are typically harsher. You may face additional charges for the underlying offense (underage drinking, fraud, or identity theft), which can result in felony convictions, substantial fines, and jail time. A felony conviction also creates long-term consequences: difficulty finding employment, housing restrictions, and loss of certain rights.
Repeat offenses almost always result in felony charges and significantly increased penalties. Some states also impose driver license suspension as part of the sentence, even if the similitude charge is your only conviction.
Why possession alone is illegal, even without use
You may wonder why straightforward having a similitude in your possession is criminal if you never intended to use it. The reasoning behind these laws is that possession itself demonstrates intent to use it at some point, or at minimum, creates a public safety risk. Legislatures have determined that the potential for fraud is high enough that possession warrants criminal liability regardless of stated intent.
This is why the "I was just holding it for a friend" or "I bought it as a joke" defense rarely succeeds. Once you possess the document, the burden often shifts to you to prove you had no intent to use it—and that burden is difficult to meet. Even if you never use it, the document's existence in your possession can be used as evidence of intent.
What to do if you are accused of possessing a similitude
If you are stopped by police and accused of possessing a similitude, do not answer questions about where you obtained it or why you have it. Politely decline to answer and ask to speak with an attorney. Anything you say can be used against you in court, and even an innocent explanation can be misinterpreted.
Contact a criminal defense attorney when ready. An attorney can review the specific charge, the evidence against you, and your state's laws to determine your options. In some cases, charges can be reduced or dismissed if the document does not actually meet your state's legal definition of a similitude, or if the police violated your rights during the search or seizure.
Do not attempt to destroy the document or hide it once you are aware of an investigation. Doing so can result in additional charges for obstruction of justice or tampering with evidence, which carry their own penalties.
Frequently Asked Questions
Is a novelty ID card that says "not for identification" legal to own?
No. Most states do not recognize the "novelty" label as a legal defense. If the card resembles a driver license closely enough to potentially deceive someone, it meets the definition of a similitude regardless of what the card says. Some novelty sellers include disclaimers to protect themselves, but that does not protect you from prosecution.
What if I found someone else's similitude and did not know what it was?
Possession is typically the crime, so finding and keeping it could still result in charges. If you discover a similitude, the safest course is to turn it over to police when ready or destroy it. If you are charged, your attorney can argue that you did not knowingly possess it, but you should have legal representation to make that argument in court.
Can I be charged with possessing a similitude if I only have a photo of one on my phone?
This depends on your state's law and how it defines possession. Some states require a physical document; others have expanded the definition to include digital images. If you have a photo of a similitude on your phone and can be shown to have created it or obtained it intentionally, you could face charges. Deleting it does not erase it from your phone's data, so do not assume deletion protects you.
Does possessing a similitude affect my ability to get a real driver license?
A conviction for possessing a similitude can complicate your DMV process, though the impact varies by state. Some states may deny your process or require you to wait a certain period after conviction. Your criminal record will be visible to the DMV, and they may investigate further. An attorney can advise you on how a conviction in your state specifically affects DMV may be able to access.
What is the difference between a similitude and identity theft?
A similitude is the document itself—a fake or altered license. Identity theft involves using someone else's personal information without permission, often to open accounts or commit fraud. You can be charged with both crimes if you possess a similitude that contains someone else's real information, or if you use a similitude to impersonate someone. The charges are separate and penalties stack.