If you are facing Colorado DUI charges, the prosecution can look for evidence against you in virtually every area of your life. For example, prosecutors mine social media accounts in search of incriminating posts and activity that could be used as evidence in a DUI case.
A defense attorney can help you understand the connection between social media and DUI cases and offer guidance on appropriate online activity during the legal process.
How the Prosecution Can Use Social Media Activity Against You
If you are like many people, your Facebook and Instagram profiles are depictions of your lifestyle. The prosecution can take the posts, messages, and other activity on these accounts to support its case against you.
Here are a few examples of how prosecutors might use social media activity:
- Photos of you drinking or partying might be used to suggest reckless behavior before the DUI arrest
- Social media “check-ins” at bars or clubs can establish a timeline for alcohol consumption or show a pattern of regular drinking or partying
- Videos of you appearing intoxicated, slurring speech, or showing unsteady movements might be used as evidence of a tendency to drink in excess
- Comments about your drinking behavior, like “I was so drunk last night,” might suggest reckless behavior
The prosecution can also review your social media to look for inconsistencies in your story and perhaps show that you are not being 100% truthful. For example, maybe you “checked in” to the bar at 5:00 p.m. but told officers that you arrived at 7:00 p.m. Generally, even social media activity that you consider harmless could be interpreted unfavorably and presented as digital evidence.
Tips for Preventing Adverse Effects From Social Media on Your DUI Case
If you are facing any criminal charges, whether DUI charges or otherwise, an attorney will likely advise you to stay off social media. This includes:
- Avoiding social media posts
- Not commenting on others’ posts
- Not messaging others through social media
In many cases, attorneys caution clients against deleting posts that could be considered incriminating. The prosecution may be able to access these posts after you have deleted them and assert that you were trying to hide incriminating evidence.
Can Social Media Posts Be Subpoenaed?
The prosecution can sometimes subpoena private posts and use them in a DUI case. Social media posts, comments, and messages are not generally protected. Prosecutors can seek this information from the social media company with a search warrant or subpoena, even if the activity was set to “private” on your account. They can then admit it into court to use it as evidence against you.
Churchill DUI Defense Represents Clients Facing DUI Charges in Denver
Hiring a defense attorney is an important step in building a legal defense strategy after DUI charges and in knowing how to avoid potentially incriminating activities. Churchill DUI Defense can provide legal guidance and further explain how social media may be used against you in a DUI case.
Contact us today at (303) 832-9000 for a free consultation.