Photo of Corey Cohen

Avoid proving DUI through social media

The last thing anyone needs when facing a DUI charge is absolute proof of their intoxication. Even a breath test reading can be argued. One thing that can’t is your admittance to being drunk. A recent story of a Florida woman live-streaming her drunken driving struggles on Periscope shows other drivers exactly what not to do when behind the wheel.

A 23-year-old woman broadcast some 10 minutes of drunk driving on the live stream media platform Periscope while cruising down Lakeland streets on a flat tire. After concerned viewers contacted authorities, officers eventually found the young woman and pulled her over. Her impairment was noticeable to officers as she was driving with a flat tire and pulled over, hitting the curb without breaking. However, none of that mattered when questioning her about her intoxication as she admitted she was drunk some four times during the live feed.

The young woman failed her sobriety test and declined a Breathalyzer which led to a DUI arrest. However even without those things against her she televised her drunken behavior and admitted she was driving drunk. Even a Breathalyzer at that point couldn’t make matters much worse.

Every person metabolizes alcohol differently and has other biological differences that matter when considering levels of intoxication. No two people are alike. That is why so many defense attorneys will support a driver’s decision not to offer up additional evidence against them for a DUI charge. And, for this young woman, proof of her intoxication may have been voluntarily offered.

While having your phone readily available is a wise decision for safety, it may be not so wise to keep a social media diary of your weekend activities. Keep in mind that while you’re watching your phone, others are watching you.

Source: Time, “Woman Arrested After Live-Streaming Herself Drunk Driving,” Sarah Begley, Oct. 12, 2015



FindLaw Network