Facebook Post May Land Woman in Jail After Violation of DUI Probation
A Michigan woman recently learned the consequences of probation violation, a prominent Michigan drunk driving attorney explained.
“Violating the terms of probation only leads to worse legal consequences,” indicates attorney Shaun R. Marks, who is not involved with the woman’s case. “People need to be aware that the authorities monitor compliance with the terms of their probation — and that monitoring can include viewing their posts on social media.”
After a 2012 drunk driving conviction, the Michigan woman was put on probation. Her terms mandated that she not drink alcohol at any time.
On the day after St. Patrick’s Day in 2014, she was called to a Westland probation office to take a random Breathalyzer test. After passing the test, she posted on Facebook, “Buzz killer for me, I had to breathalyze this morning and I drank yesterday but I passed thank god lol my dumb[expletive].”
Local police saw the woman’s Facebook post and notified her probation office. Probation officials said that when they called the woman to tell her to come back to the office for a urine test, she disconnected the call. According to officials, the urine test would have detected whether the woman had consumed alcohol in the past 80 hours. Refusal to take the test is also a violation of her probation.
The woman could face a sentence of 90 days in jail for the probation violation.
Her probation was to expire in a matter of a few weeks.
“Drunk driving charges are a very serious matter, and people should never make their situation worse by violating the terms of their probation,” Marks points out. “People who are facing charges need to seek qualified legal counsel and follow their attorney’s advice.”
In addition to possible probation, people convicted of a first offense for drunk driving in Michigan can face up to 93 days in jail, suspension of their driver’s license for up to six months, a fine of from $100 to $500 and a driver responsibility fee of $1,000 for two years, among other penalties.