In the era of digital communication, social media platforms like Facebook, Instagram, Twitter, and Snapchat have become a part of our daily lives. However, these platforms can have a significant impact on legal proceedings, particularly in cases involving Driving Under the Influence (DUI). Social media can both negatively and positively affect the outcomes of a DUI case, making it imperative for individuals involved in such incidents to understand the full scope of its implications.
Let’s take a look at the role which social media plays in DUI cases.
Incriminating Evidence
Pre-Arrest Posts
Imagine you’re at a party and you upload a picture of yourself holding a cocktail. Later that night, you get pulled over and arrested for DUI. The prosecution can use that photograph as evidence that you were drinking prior to driving. Even a simple tweet about “having a blast with shots” can serve as evidence of your mental state and actions prior to the arrest.
Location Tracking
Platforms like Facebook and Instagram offer location tagging features that can track where you’ve been. If your profile shows you checked into a bar or a party, and later you are arrested for DUI, this information could substantiate claims that you had opportunities to consume alcohol before operating a vehicle.
Post-Arrest Posts
Some people make the mistake of discussing their DUI arrest openly on social media, sometimes belittling the gravity of the offense or bad mouthing law enforcement. These posts can be easily found and used by prosecutors to show a lack of remorse, which could affect sentencing.
Defensive Utility
Hiring an Attorney
First and foremost, hiring a DUI attorney should be your first line of defense in the face of a DUI charge. Having an experienced representative during the legal proceedings which follow a charge as severe as driving under the influence can be instrumental in avoiding undue penalties for your offense.
Establishing a Timeline
Social media can sometimes be used in your defense. For example, if you made posts throughout the night showing you consuming non-alcoholic beverages or eating, your attorney might use this as evidence to question the validity of a breathalyzer test or to suggest that enough time had passed for the alcohol to leave your system.
Witnesses and Alibis
Photos or posts from friends can also serve to corroborate your own story or even serve as digital alibis. This could be particularly useful if these posts can show that you weren’t drinking, you weren’t at the scene of the arrest, or you weren’t the one driving.
Ethical Considerations and Legal Admissibility
It’s worth noting that there are ethical considerations regarding the use of social media in legal cases. Courts will consider the reliability of the source, the nature of the data, and the method by which any social media evidence was obtained. Unlawfully obtained evidence or posts that are heavily edited may not be admissible.
Precautions
Given the sensitivity of legal matters like DUI cases, it’s often recommended to:
- Make all your social media accounts private.
- Refrain from discussing your case on any digital platform.
- Consult with your attorney about any existing posts that might affect your case.
The Pros and Cons of Recording Your Traffic Stop
On the occasion that an officer pulls you over on suspicion of DUI, it may be beneficial to record the interaction on your phone or via dash cam in order to have evidence of your interaction throughout the duration of the stop.
If an officer, for example, asks to search your vehicle, then you should not provide consent. That officer may still decide to search your vehicle, but whatever evidence he or she acquires during that search will be considered admissible evidence.
On the contrary, if an officer demands that you perform a field sobriety test, but you refuse, then that evidence may be used to demonstrate a lack of remorse to a jury, which could hurt your case.
What You’ve Learned
In the digital age, where a single post can go viral in a matter of minutes, it’s crucial to understand that your digital footprint is also a legal footprint. A momentary lapse in judgment on social media can have lasting consequences in real-world legal matters, such as DUI cases.
If you’re facing a DUI charge, consult a legal advisor or call (800) 384-5297 for a free consultation with a qualified DUI attorney.
