Can what you post to social media affect your DWI case?

Texas drivers like you understand that the state has some of the strictest DWI laws in the nation. Even first-time offenders can face large fines, lengthy license suspension periods and even time in jail.

Because of that, it is important that you know where all of the potential risks lie. After all, before you even go into your trial, police may already be collecting information and evidence on you.

Can law enforcement use social media against you?

According to I Drive Safely, it can take 20 to 40 days between getting charged with DWI and facing your court date in Texas. The first thing to understand is that nothing is private on the internet. If you leave your profile unlocked and public, law enforcement can easily browse through your information. In this way, they find incriminating evidence.

But you are not safe if you lock your posts and private your account. In fact, you are not even safe if you delete incriminating posts. The police can get a subpoena from a judge. This allows them to contact social media companies and look through your history. This includes private or deleted information. If you have deleted incriminating evidence, you can actually face even harsher penalties.

Use of your location

Finally, police can use your location information to map out a timeline of where you were in the hours leading up to your DWI arrest. They can use status updates and cell phone data to trace your path through the night. They can thus verify whether you drank at all or that you were drinking more than you claimed.

Naturally, it is important to avoid making additional incriminating posts in the time between your charge and trial, too. Experts suggest leaving social media alone until the trial date has passed.