Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

Stay off social media while your DUI case is active

On Behalf of | Feb 26, 2024 | DUI - Drunk Driving |

Whether you’re a regular or an occasional user, chances are that you log on to at least one social media platform from time to time to share your life updates, opinions and experiences. However, if you’re facing legal challenges due to Driving Under the Influence (DUI) charges, a decision to continue using social media can result in negative consequences. 

Due to all that can go wrong when criminal defendants continue posting on social media while their cases remain active, it is generally advised that anyone who is facing allegations of wrongdoing refrain from using social media until their case has been resolved. Although this can be a tough approach to adopt, your future self may very well thank you for doing all you could to prevent an unfavorable case outcome. 

What’s the big deal?

Just like anything you say to an officer post-arrest can be used to undermine your defense, anything you post online can potentially be used against you in court. Prosecutors and law enforcement officials are increasingly turning to social media to gather evidence in legal cases. A seemingly innocent post or photo can be interpreted in a way that undermines your defense. For example, a picture of you at a bar or a post about attending a party could be construed as evidence of habitual drinking or irresponsibility, regardless of the context or timing of the post.

In that vein, comments made by you or your friends can also be detrimental. For instance, jesting remarks about drinking or driving may be taken out of context and presented as an admission of guilt or recklessness. The character you portray online should align with the defense strategy that your legal team builds on your behalf, and social media can often paint a picture that contradicts this.

Why not just bump up your privacy settings?

Although social media platforms offer privacy settings to limit who can see your posts, these protections are not infallible. Friends of friends or individuals who are determined to access your content may find ways around these barriers. Additionally, the legal system can obtain warrants for private information if it’s deemed relevant to a case.

For these and other consequential reasons, staying off social media during an active DUI case is a solid strategy. It eliminates the risk of inadvertently providing new evidence that could be used against you and better ensures that your online presence does not conflict with your legal defense.