DUI text messages are now a problem. That is, drivers are sending messages to other people with lines like, “I’m so drunk, I shouldn’t be driving” or “I’m DUI.” With the widespread popularity of cellphones and smartphones, people are using their phones to communicate more information than ever. Private information, formerly communicated by in-person conversation or telephone calls. A news story from December 2016 out of West Virginia highlights the problem. A woman texted her boyfriend, “I’m so drunk” prior to attempting to elude police while DUI.
Sending DUI text messages to a friend, relative, or co-worker about being drunk, driving while under the influence, being arrested for DUI or your DUI case is not smart. Text messages are in writing, and the contents of the writing can be shared, copied, and obtained by law enforcement through subpoena.
DUI Text Messages Can Be Used Against You
When you send a DUI text message, the police can later obtain a copy of it. Any confession or admission to the crime will then be used against you. Furthermore, it will be date-stamped and time-stamped so they can prove that you sent the message while committing the crime. If the phone’s location service was on, they may also be able to pinpoint where you were when you sent the message about committing the crime. Lastly, some prosecutors may use the DUI texts against you not only for the DUI charge, for another charge. For example, in Oregon, DUI is strict liability offense (meaning the government doesn’t need to prove you intended to drive while under the influence or even that you knew you were under the influence while driving. But if you knew that you were DUI, they could use that information against you to charge you and convict you of Reckless Driving. The reckless conduct is essentially knowing that you were unsafe to drive, but driving anyway.
Don’t Send DUI Text Messages
It goes without saying that you shouldn’t drive while under the influence. But it’s important to note that– if you have potentially committed the crime of DUI– don’t text anyone about it. Contact a lawyer right away, and otherwise remain silent. DUI text messages can be used against you in court, and used to convict you of crimes. Furthermore, if you sent any text messages while intoxicated, make sure to tell your DUI attorney about them.