Can Your Social Media Posts Harm Your DUI Defense? 

While social media can be a great tool for interacting with others, it can cause trouble for your defense if you’ve been arrested for a DUI in the state of Georgia. That’s because it is legal for the prosecution to use any type of social media, Twitter, Facebook, Instagram, YouTube, LinkedIn, Pinterest, and more, as evidence in court in this state.

There are two main criteria for admitting digital evidence in a case. A judge will first decide if the posts or content are relevant to the DUI case. They would not be able to use all of your social media history, unless it perhaps displayed a pattern of drinking and driving. If the court decides the digital evidence is relevant, it could be admissible. 

But first, the court must also decide if it is authentic. This can be tricky because authenticity is often difficult to decipher. The content will be measured against other potential evidence in the case. And it would be judged on its own merit, in order to determine if it is authentic. For example, if a photo clearly looks edited or altered, or if it shows evidence that is not mentioned in a police report, it may then be considered circumspect and not be admitted.

In addition to public posts, police can obtain access to social media messages and content that is considered private, such as messages between friends or albums you only share with family. And, sometimes it’s possible for police to obtain posts that have been deleted.

For this reason, we think it is wise to avoid any social media posts regarding partying, alcohol, drinking too much, driving under the influence, or any other traffic mishaps. If you post on social media, you have just created a huge list of potential witnesses and possible records for the prosecution. Even if you delete a post later, it may already be too late.

Contact your experienced DUI lawyer today if you believe there could be damaging information on your social media.