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DUIs and Self-Incrimination: An Extreme Case

Posted by Kevin Trombold DUI Defense Attorney | Oct 27, 2015 | 0 Comments

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You may have heard about this story earlier this month out of Lakeland, Florida. A 23-year old woman was arrested on driving under the influence charges not because she was spotted by a police officer - but because she was live streaming her drunken driving over the Internet.

For some unknown reason, WB decided to use Periscope while she was apparently driving intoxicated. The app lets users stream live video over the Web using their iPhones or iPads. During the video, WB could be heard saying things like, "I hope I don't get a DUI" and telling viewers she was "drunk, f***ing drunk." Somebody who saw that video called 911, who eventually tracked down WB and arrested her.

It's a tale full of humor, technology misuse, and schadenfreude, to be sure. But there's a lesson to be learned from this incident (aside from the obvious one): incriminating yourself is one of the surest ways to get arrested for DUI.

If you read the story, you'll see that WB refused to take a breath alcohol test (which is her right), meaning that the officers couldn't ascertain that her blood alcohol level was over the legal limit. However, all they had to do was look at the video of WB and her incriminating statements to find enough evidence to make a DUI arrest - and likely, earn a conviction as well.

This is an extreme case, but the same logic applies to more traditional DUI stops. If you're pulled over and police ask you questions like, "Have you been drinking?" or "How many drinks have you had tonight?" they're fishing for evidence they can use against you. So it's in your best interest to decline (politely) to answer those questions. Otherwise, police may have enough probable cause to charge you with DUI - and you could also make your case harder to defend in court.

A qualified DUI defense attorney can help you out with any of these questions or DUI-related situations. But if you admit to being drunk on video while you're driving, there probably isn't much that can be done to prevent a DUI arrest.

About the Author

Kevin Trombold DUI Defense Attorney

Highly rated by former clients, who praise his warm, knowledgeable courtside manner and his fierce determination to reduce or eliminate charges. An accomplished speaker, author, and leader in DUI defense statewide Kevin is well respected by judges, prosecutors, and other attorneys across the State of Washington for his expertise, integrity, and knowledge in the complicated forensic science area of impaired driving allegations.

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