In recent years social media has become a huge part of our society. Many people use websites and apps like Facebook, Twitter, Instagram and Snapchat to record events occurring in their daily lives. New social media websites and apps are being developed all the time. One such app that was recently developed is called Periscope. Periscope is an app that launched in 2015 for iOS and Android where a user can live stream their actions for their followers.
Increasingly things people post on social media is creating consequences for users in real life. One example of this happened last October when a woman's use of the Periscope app landed her in hot water with local law enforcement. 23-year old Whitney Beall used the Periscope app to live stream her drunken drive home in Lakeland, Florida. In the video she can be heard slurring her words and she states "I'm driving home drunk." Concerned viewers of the stream called 911 and reported the woman to the Lakeland Police Department. The police were able to locate Beall after one of the officers used their personal Periscope account to view the live stream.
After officers pulled her over they said they could smell alcohol on her breath. She failed the field sobriety test and was subsequently arrested. On the way to the police station Beall threw up in the back of the police car. She was charged with driving under the influence. Under a plea deal, on February 9, 2016 she pleaded no contest to the charge. She received an enhanced sentence for "publicly flaunting her disregard for the safety of the community." Beall got no jail time but she received a number of other penalties including community service, a 6 month driver's license suspension, 12 months probation, and alcohol evaluation and treatment. Her vehicle was impounded for 10 days and she cannot drink or go to bars. In addition, she also got 10 days of weekend work release.
Like Florida, in Washington there can be substantial consequences for driving under the influence. Under Washington law driving under the influence is defined in RCW 46.61.502 as:
Driving under the influence.
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
The penalties for driving under the influence can include jail time, fines, the suspension or revocation of your license, alcohol treatment programs, probation, and an ignition interlock device may be put in your car. If you or a loved one has been charged with a DUI, please do not hesitate to contact attorney Steve Karimi for a free consultation today.