Personal Websites Can Be Damaging After Arrest for DUI Attorneys

MySpace and Facebook photos being used by prosecutors during penalty phase for DUI.

Prosecutors are using a new tool when seeking penalties in drunk driving cases. Increasingly prosecutors are reviewing images posted on Facebook and MySpace to determine degree of remorse of DUI defendants.

Lara Buys, 22, was driving under the influence in California when she was involved in an accident that killed her passenger. The prosecutor was willing to recommend probation in the case until he checked Buys’ MySpace page and saw images posted after the accident featuring the defendant with a glass of wine. In addition, there were comments joking about drinking. The images depicted Buys as having a good time rather than trying to deal with issues of drinking and driving and, instead of probation, she received a two-year jail sentence.

Another southern California DUI defense attorney instructed his client, Jessica Binkerd, to take down her personal pages following an alcohol related accident. She did not and the attorney was reportedly “blindsided” immediately before pre-sentencing by photos taken after the wreck of Binkerd drinking and offering tequila shots. Binkerd was sentenced to 5 years in jail.

Prosecutors do not appear to be intensively scouring the internet for personal web pages though relatively quick searches as well as tips can reveal sites with damaging character evidence. In a sign of the times, the photos and notations found are being increasingly used by prosecutors to influence judge or jury during cases of driving while intoxicated.

If you have been arrested for drunk driving it is important that you hire a DUI attorney to represent you on your drunk driving charge and to advise you of the consequences of your actions after your DUI/DWI arrest.