If you have been arrested for driving under the influence (DUI) in Virginia, you are facing some very serious penalties, including a possible jail sentence, fine, driver’s license suspension, and a permanent criminal record. You will want to do everything you can to build a strong defense to the charges that you face. Unfortunately, one way that you can do the opposite and hurt your case is by posting on social media sites, such as Facebook, Twitter, and Instagram.
Ways That Your Social Media Posts Can Be Used Against You When You Face DUI Charges
Your posts on social media sites can be used as evidence against you in your DUI criminal proceedings. Because of the popularity of social media sites, the police will frequently search a person’s social media sites for evidence that they can use against him. In some cases, the police may create a fake profile and try to friend a person who they have arrested or are investigating. You want to be very careful who you friend if you have been arrested for DUI so that you don’t give law enforcement easier access to your posts.
While you may already know not to discuss your DUI case or your arrest on your social media sites, you may not realize that your earlier posts prior to your arrest could also be used against you. Here are some of the ways these posts can be harmful:
- Posts and pictures. Many people like to post about fun activities that they are doing with friends and family or share a photograph. If you were at a bar or friend’s house consuming alcohol before your arrest and posted a picture of yourself holding a beer or glass of wine, this information can be retrieved by the police. It can be used as evidence to prove that you were consuming alcohol before you drove.
- Timeline. Facebook and other social media sites often timestamp a person’s posts and pictures with the time. In addition, the location can also be identified by the post or picture. The police can use this information to establish a timeline of where you were and what you were doing prior to your arrest. In addition, this information could lead the police to witnesses who could testify against you, such as the waitress at the restaurant who served you alcohol.
- Privacy settings. Even if you have set your social media post settings to private, this does not mean that your posts are as private as you think. If you have tagged a friend or family member in your post or picture, they could repost your post to their own social media sites, which may be public and can be discovered by the police. In addition, just because you set your settings to private does not mean that your posts cannot be admitted as evidence against you in court.
- Deleted posts. After your arrest, you may realize that you have some incriminating posts on a social media site and delete them. Unfortunately, the police may be able to obtain a subpoena and retrieve them. In addition, the fact that you deleted the posts can cause additional damage to your case.
Contact Us for Help in Building a Strong Defense to Your DUI Charges
Are you worried about potentially damaging social media posts that could hurt your DUI case? Our experienced criminal defense attorneys can help you minimize the damage and build a strong defense to the charges that you face. Call our office today to schedule your free consultation to learn more about how we can assist you.