The short answer is yes – there are no “stop and identify” laws in California that require you to show your ID to the police. Thus, in most situations, they cannot penalize you for refusing to provide your ID.
However, there are some situations when you must provide your ID or face additional penalties, such as when you are arrested or pulled over. For example, if you refuse to show your ID when pulled over for a DUI, your refusal can be used against you in court.
Knowing your rights
Being stopped by the police is a stressful and difficult situation. It is essential to remain calm and reasonable so that you do not create a conflict with the police officer and make a challenging interaction worse. It is also crucial to know your rights so that you can avoid incriminating yourself.
What should you do when the police pull you over in Orange County or elsewhere in California? Here are some key points to keep in mind:
- You have the right to remain silent and can, and should, refuse any searches of your vehicle or person.
- Never behave in an aggressive, combative, or uncooperative manner. Remain polite and respectful.
- If the police give you a lawful command, follow it.
- If you must answer a question asked by the police and cannot exercise your right to remain silent, be absolutely truthful in your responses and never provide a false document. Lying to the police, or giving them a false document of any kind such as a fake ID or insurance card, can damage your credibility and seriously worsen your legal situation.
Getting asked for ID when walking on the streets
If you are out walking, or anywhere in a public or private place, you might run into police who are investigating a crime. What should you do if they stop you and ask for your ID?
Basically, if you would prefer not to provide any identification, you can refuse to do so and ask whether you can leave. If the police say yes, then you can safely and legally go. However, if they say no, you need to politely ask them why they stopped you.
No matter what the circumstances, never behave in a disrespectful or aggressive manner towards a police officer who stops you for questioning. While it is true that you can refuse an officer’s request for your ID, doing so could result in your arrest. In fact, if the police think they have probable cause to suspect you of criminal activity, and you refuse to show your ID, they may very well arrest you because your action has increased their suspicion. But if they do not have probable cause, and you refuse their request to show them your ID, it is quite likely they will just let you go.
Getting asked for ID while driving
If you are stopped by the police while driving, you are legally required to show them your driver’s license and insurance card when asked. Refusal to provide your license, or failure to carry it while driving, is a violation of California Vehicle Code (CVC) 12500. It is also a violation of this law if you have not renewed an expired license, never had a driver’s license, or became a California resident but did not renew your license within 10 days.
If you do not provide the officer with your Driver’s License while driving, you may be charged with a violation of CVC 12500 as either a misdemeanor or a non-criminal infraction at the prosecutor’s discretion. If charged as an infraction, the penalty is a $250 fine, approximately. If charged as a misdemeanor, the penalty can result in up to six months in county jail and/or $1,000 in fines. Plus, if you drive on a suspended license, it is always considered a misdemeanor offense that can result in up to six months in county jail and a $1,000 fine.
Do passengers need to show their ID?
Typically, if you are a passenger in a car that the police pulled over, you do not need to comply with a request to show your ID. Just being a passenger is not enough legal justification for an officer to see your ID. But, if they do ask to see it, you will need to decide whether to comply.
Can I be arrested for refusing to show my ID?
Although non-drivers in California cannot legally be arrested just for refusing to provide their identification, the police may do so, anyway. And, although an experienced criminal defense attorney can help you get your case dismissed, the arrest alone can affect your reputation, livelihood, and future. Thus, sometimes it is wise to provide the police with your ID even though there is no legal requirement to do so.
For example, if you are on probation, it is essential to comply with the terms of your release – terms that almost always include a requirement not to get arrested. If you are on probation and get arrested, the result might well be a probation violation hearing and a return to incarceration.
Similarly, if you are a non-citizen, an arrest might lead to deportation.
If the police arrest you for failing to show your ID, you need skilled legal guidance from a knowledgeable criminal defense attorney. It’s within your rights to remain silent and demand to see your lawyer.
Contact The Law Offices of Bryan R. Kazarian today.
At the Law Offices of Bryan R. Kazarian, we understand how stressful being charged with a crime can be, which is why our compassionate attorneys will work to protect your rights while also fighting aggressively to have your charges dropped or dismissed. If you or a loved one has been accused of a crime, you can’t afford to waste any time. Contact The Law Offices of Bryan R. Kazarian today at 855-918-4253 to discuss your defense with a skilled criminal defense attorney.