Unlawful Possession or Use of License in Colorado (CRS § 42–2–136)

Colorado Revised Statute § 42-2-136 prohibits possessing an altered or fake driver’s license or using another person’s driver’s license. As a class 2 misdemeanor, unlawful possession or use of a driver’s license carries:

• up to 120 days in jail and/or
• up to $750 in fines.

However, merely copying a license for distribution, resale, or reuse is just a petty offense carrying:

• up to 10 days in jail and/or
• Up to $300 in fines.

Though most of the time, the judge will grant you probation in lieu of incarceration. We typically see these types of cases when someone allegedly:

• uses an altered driver’s license to get a job as a delivery driver or similar gig,
• presents another person’s license to avoid using their real name when buying marijuana,
• presents a fake license to buy alcohol when they are really under 21, or
• uses Photoshop to make a fake license intending to use it.

In this article, our Colorado criminal defense lawyers will address the following topics re. unlawful possession or use of a driver’s license:

• 1. Elements
• 2. Defenses
• 3. Related Offenses
• Additional Reading

1. Elements

For you to be convicted of violating CRS 42-2-136, prosecutors have to prove beyond a reasonable doubt that you unlawfully possessed or used either:

• a driver’s license,
• a minor driver’s license,
• a temporary driver’s license, or
• an instruction permit.

The “unlawful possession or use” of a driver’s license comprises any of the following seven scenarios:

1. You have a license that has been falsely altered to appear authentic; or
2. You fraudulently obtained a driver’s license; or
3. You have a paper, document, or other instrument that falsely appears to be an authentic license; or
4. You display, or represent as being your own, a driver’s license lawfully issued to another person; or
5. You fail to surrender a license that has been suspended, revoked, or canceled; or
6. You use, or let someone else use, another person’s driver’s license; or
7. You duplicate a driver’s license for the purpose of distribution, resale, manipulation, or reuse.¹

Bars, restaurants, and liquor stores have employees trained in identifying fake IDs. Servers, clerks, and bouncers are usually instructed to report fake IDs to law enforcement.

2. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with driver’s license-related crimes such as CRS 42-2-136. In our experience, the following five defenses have proven very effective with prosecutors and judges.

1. You did not know the license was fraudulent;
2. You were not in possession of the fraudulent license;
3. The police found the license through an unlawful search and seizure;
4. Someone used your driver’s license without your knowledge; or
5. You did not intentionally alter the license.

3. Related Offenses

• Unlawful Possession or Use of a Commercial Driver’s License (CDL) – This can be a class 2 misdemeanor or a petty offense.
• Unlawful Acts with a Fake ID – This can also be a class 2 misdemeanor or a petty offense.
• Driving without a License – This can be a class A traffic infraction or a class B traffic infraction.

Additional Reading

Find helpful information from the Colorado Department of Motor Vehicles website:

• Reinstatements – Overview of how to reinstate your license.
• Appointment Scheduling – Make an appointment with your local DMV office online.
• Driver’s License Office Locations – Addresses, telephone numbers and hours.
• Application for Reinstatement – Instructions, form, and fee information.
• Identification Checklist – What to bring to the DMV.

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Legal References