How Social Media Can Lead to Legal Trouble

Your social media activity can become evidence against you in a court of law. Many people assume that a post will be seen only by friends, but anything shared online can be saved, screenshotted, and forwarded to authorities. Here’s how social media posts can lead to legal consequences in Michigan:

• Underage Drinking: Michigan law prohibits the consumption of alcohol by anyone under 21. If you post pictures or videos of yourself drinking while underage, law enforcement or university officials may take action.
• Open Container Violations: If you're holding an open bottle of alcohol in a public area and post about it, you may be providing evidence against yourself.
• Drug Possession and Use: Posting about marijuana or any controlled substances without a proper medical license or outside of legal consumption areas could lead to legal scrutiny.
• Disorderly Conduct: Sharing videos of fights, vandalism, or reckless behavior can be used as evidence in court.
• Drunk Driving: Michigan has strict laws concerning OWI (Operating While Intoxicated). Even a casual post joking about “barely making it home” could be enough to prompt an investigation.

Michigan's Underage Drinking Laws

Michigan follows a “Zero Tolerance” policy on underage drinking. If you’re under 21 and consuming alcohol, you could face serious consequences. Under Michigan law:

• Possession or consumption of alcohol by a minor is a misdemeanor.
• First offenders may be fined up to $100 and required to complete community service or alcohol education programs.
• Subsequent offenses carry harsher penalties, including higher fines, suspension of driver's licenses, and potential jail time.

Posting pictures of yourself drinking underage may prompt authorities to investigate, especially on college campuses where underage drinking enforcement is strict.

Social Media Posts and Drunk Driving Charges

Michigan law prohibits anyone from driving under the influence. If you post anything suggesting you’ve been drinking and then show yourself getting behind the wheel, you may be setting yourself up for legal trouble. Law enforcement agencies monitor social media and have used posts as evidence in OWI cases.

OWI (Operating While Intoxicated) Laws in Michigan

Michigan defines OWI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. A first offense carries the following penalties:

• A fine between $100-$500
• Up to 93 days in jail
• License suspension for up to 180 days
• Community service and mandatory alcohol education courses

If your BAC is 0.17% or higher, you could face even steeper penalties under Michigan’s "Super Drunk Law."

Can Police Use Your Social Media Posts Against You?

Yes, they can. In Michigan, law enforcement agencies can use social media in several ways to gather evidence:

• Investigators regularly monitor public posts for potential criminal activity.
• Even if your profile is private, a friend screenshotting and sharing your post with authorities can make it admissible in court.
• Prosecutors have successfully used social media posts to convict individuals in criminal cases.

For example, if you make a post claiming that you “just shoplifted some new sunglasses,” that post can be submitted as evidence in a theft case.

What Happens If Your Social Media Post Leads to an Arrest?

If your social media post leads law enforcement to investigate you for a crime, you may be charged with a misdemeanor or felony, depending on the offense. Here’s what you need to know:

Misdemeanor Offenses

Many of the infractions common during spring break—underage drinking, disorderly conduct, and first-offense OWI—are considered misdemeanors. Misdemeanors in Michigan can carry consequences such as:

• Fines of up to $1,000
• Up to one year in jail
• Probation and community service

Felony Charges

In some cases, posting your illegal activity on social media could result in felony charges. Examples include:

• Drug trafficking or possession of large amounts of controlled substances
• Felonious assault (if you post about physically harming someone)
• Multiple OWI offenses
• Breaking and entering or destruction of property

Felonies in Michigan carry much harsher penalties, including years in prison and lifelong criminal records.

How to Stay Out of Legal Trouble on Social Media

Whether you're on spring break or just having fun on the weekend, here’s how to avoid legal trouble related to your online activity:

• Think Before You Post: If an activity is illegal, do not share it online.
• Use Privacy Settings: While not completely foolproof, keeping your profiles private adds some level of protection.
• Avoid Tagging Locations: This makes it harder for law enforcement to track your whereabouts.
• Be Careful with Live Streaming: Broadcasting reckless behavior in real time increases the chances of being caught.
• Respect Michigan Laws: Know and follow local laws to stay out of trouble.

What to Do If You Face Criminal Charges

If you find yourself facing legal trouble due to a social media post, it is important to take immediate action. Contact an experienced Michigan criminal defense lawyer to protect your rights and explore possible defenses.

At Boria Law, we specialize in defending individuals charged with misdemeanors and felonies, including OWI, underage drinking, and other criminal offenses. Call (734) 453-7806 for a free consultation and let us help you through this challenging situation.

Conclusion

Spring break is meant to be fun, but a careless post on social media can turn your trip into a legal nightmare. Michigan law enforcement monitors online activity, and what you share could be used as evidence against you. From underage drinking to disorderly conduct, an incriminating post could lead to serious consequences.

The best way to protect yourself is to be mindful of what you post. If you’re unsure whether something could get you into trouble, it’s best not to share it online at all. And if you do find yourself facing charges, seek legal representation immediately. A strong defense could be the key to protecting your future.