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What You Post on Social Media Can Be Used Against You in a DUI Case | Drug Crimes Attorney, Wichita, KS

The McConnell Law Firm P.A. Criminal Defense - Logo (PRNewsfoto/McConnell Law Firm)

News provided by

McConnell Law Firm

Dec 15, 2025, 10:00 ET

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WICHITA, Kan., Dec. 15, 2025 /PRNewswire/ -- Nowadays, social media has become second nature. While it may seem harmless to post a photo from a night out or share your side of the story online, if you've recently been arrested or charged with driving under the influence, your social media activity can quickly become a problem—one that prosecutors are eager to use against you. At the McConnell Law Firm, our drug crimes attorneys in Wichita, Kansas, have decades of combined experience helping clients navigate DUI cases. Here's what you should know before you hit "post," according to our experts.

How Can My Social Media Be Used Against Me?

It's no secret that your social media activity is rarely as private as it seems. Even if your accounts are set to "friends only," law enforcement and prosecutors can often gain access through various methods, monitoring your profiles for posts, photos, or videos that could serve as evidence. What may seem like an innocent snapshot from a night out or a casual status update could be taken out of context and used to build a case against you. If you've been charged with a DUI, any images or clips showing you at a bar, drinking with friends, or attending a party shortly before your arrest could raise red flags. Likewise, videos that appear to show slurred speech, unsteady movement, or other signs of intoxication can be used to argue impairment and complicate your defense.

"Law enforcement can review your social media profiles," said Jonathan W. McConnell, founding drug crimes attorney at the McConnell Law Firm. "On a minor, misdemeanor DUI, they are less likely to do so; however, if you are charged with a DUI involving a fatality, they are more likely to use your social media profiles to see how much you were drinking and to create an accurate timeline of events."

What Not To Post, According to Experts

When you're facing a DUI charge, your first instinct might be to explain your side of the story online. This can do more harm than good. Even if you're sharing privately or posting to "close friends," it's still surprisingly easy for law enforcement or opposing counsel to find and use that content. And deleting old photos or updates isn't always the solution either. In many cases, investigators can obtain a subpoena to recover deleted material, which can then be used as evidence. If you're involved in an ongoing DUI case, our drug crimes attorneys in Wichita suggest avoiding posting any of the following:

  • Details about your arrest
  • Photos of yourself partying or drinking
  • Negative remarks about law enforcement or the court
  • Updates or opinions about your case
  • Anything that could sound like an apology or admission of guilt

"When navigating a legal case, it's best to stay off social media entirely until it's resolved," said McConnell. "If you're unsure whether something is safe to post, it probably isn't. When in doubt, call your attorney before hitting 'share'."

When To Contact an Attorney

If you've been charged with a DUI, it's best to reach out to a qualified criminal defense attorney as soon as possible. The earlier you have legal representation, the better equipped you'll be to protect your rights and avoid costly mistakes. An experienced drug crimes attorney in Wichita can guide you through each step of the legal process, including how to handle your social media presence while your case is pending. They can also review how any online evidence was obtained, challenge its admissibility if it was collected improperly, and help clarify whether your posts were misinterpreted or taken out of context.

Have You Been Accused?

Have you been charged with a DUI? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced drug crimes attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of a drug crimes attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

Contact Us

SOURCE McConnell Law Firm

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