Late one night, after a series of unfortunate events, you are arrested for drunk driving. After your release, you discover your name and alleged criminal activity on a county attorney's social networking page that is open to the public.
What happened to innocent until proven guilty? Posting this information online seems to pin a virtual scarlet letter on offenders — is this an appropriate and effective method of deterring would-be drunk drivers?
Social Networking Becomes an Exercise in Humiliation
Participants use social networking Web sites like Facebook and Twitter to maintain relationships with family and friends in a virtual environment. Over time, these sites have been used by companies, schools, special interest groups, government agencies and other entities to spread their messages. As social networking Web sites continue to gain popularity, more people are realizing their potential.
In the past, it was a common practice for police departments to publish details of arrests and related mug shots, including those for driving under the influence (DUI) or driving while intoxicated (DWI), in local newspapers and on television programs. Some states also have laws to either replace or mark the license plates of convicted drunk drivers in hopes of increasing road safety.
Recently, though, a police department in Texas collaborated with its county attorney to post drunken driving arrests on Twitter as another way to humiliate those held under suspicion of DUI or DWI.
Benefits to Law Enforcement?
Posting embarrassing arrest details or mug shots on social networking sites like Twitter could be considered a method of deterrence. It gives law enforcement officials another tool in their campaign to prevent further injuries and deaths from drunken driving accidents. It also might give intoxicated people one more reason to hand their keys over to a designated driver or call a taxi after a night of drinking alcoholic beverages.
Posting the names of DUI/DWI arrestees on Twitter, however, or displaying mug shots as some police do on their Web sites, does not necessarily have a tangible public impact. These items are neither visible from the road, as marked license plates are, nor are they easily accessible - that is, someone would have to actively search for the arrestee by name to find these posts.
While various safety and deterrence measures can be useful to prevent drunk driving, these methods should be effective and respectful of the suspected offender's rights and privacy. A virtual scarlet letter is impossible for fellow drivers to see from the road, which is where safety counts. Additionally, a person arrested for DUI/DWI deserves his or her day in court before being labeled a criminal in the public sphere.
Seek an Attorney's Help
If you have been arrested for DUI or DWI, contact an attorney for advice on how to proceed. Whether or not your personal information is made public, you will want to ensure that your rights are protected.
