Could your Facebook posts send you to jail? One Michigan woman found out that the long arm of the law extends to social media after she was arrested for violation of probation when she bragged on her Facebook account that she had “beaten” a random Breathalyzer test.
Colleen Cudney, 22, was given probation as part of a drunk driving conviction in 2012. One of the terms of her probation was that she submit to random breath tests for alcohol. She is not allowed to drink while on probation. Cudney was given a test which she passed; however, she could not resist bragging on her Facebook page:
“Buzz killer for me, I had to breathalyze this morning and I drank yesterday but I passed thank god lol.”
When law enforcement authorities read her page, she was called in for a second test, this time of her urine, but hung up on the officer who called. She could now face spending the remainder of her sentence in jail.
Breath and Blood Random Tests
Often a condition of probation is that the driver consent to random blood and breath tests, particularly if the driver has a history of DUI convictions or was involved in an accident that caused property damage or injury.
When considering the legality of such requirements, it is important to remember that probation is often given in lieu of a penalty normally prescribed by law. Law enforcement agencies have no right to randomly test the public at large; however, when a person is given probation in exchange for a guilty plea, the judge can impose various restrictions on behavior and requirements for meeting the conditions of probation. If the probationer fails to follow these rules, he or she could earn a trip to jail, heavy fines or other penalties.
Alex Lane is a criminal defense attorney in Phoenix who has many years of experience in helping people decide the best way to handle DUI charges. Sometimes, taking a guilty plea in exchange for probation is the best solution. However, there may also be times that this solution is not a good one, particularly if you are caught for a subsequent DUI or cannot fulfill the terms of probation.
Contact Alex Lane today to discuss your DUI case and learn more about how to protect your rights during the criminal justice process as well as how to make good choices in handling your DUI charge.