Shaming now part of some Arizona DUI Cases

Get arrested for an Arizona DUI and you may get more punishment than you bargained for. In addition to the statutorily mandated jail, fines, classes and ignition interlock device, some Arizona cities are also publishing the fact of your conviction and your mugshot on the internet. To add insult to injury, these web based photos and descriptions of the offender's sins are being indexed quickly and receive high ranking on the internet.

I have had several clients call me, distraught, after getting a DUI in Scottsdale, reporting that a co-worker or child has found them online. The inevitable question that then is asked is "can I sue to have it removed?" While the conviction is public record, most public records are not advertised. For example, Sheriff Joe Apraio got rightfully upset when a local publisher published his home address. The address was already public record, but the publication made it easier to find.

The questionable practice of shaming is not part of any legislated penalty, but something that certain local politicians do as something extra. Motives aside, the growing popularity of the medium seems to be a good public relations move, and is probably good politics. After all, nobody likes a drunk driver, even other drunk drivers. Right?

Now, with the mandatory jail time, ignition interlock requirements, and other Arizona DUI penalties, people are questioning whether the DUI laws in Arizona have gone too far. Many see this as an invasion of privacy issue. "If my work finds out, I will lose my job," claimed one person facing an Arizona DUI in the Phoenix area. While their employer may have no right to know, now they have an easy method of finding out. In the Phoenix metro area, that is stopduiaz.com, a website produced by Maricopa County Attorney Andrew Thomas.

From the persepective of a person wanting to prevent DUI convicts from repeating, posting their information may not make much sense. If Thomas's website causes a person to lose their job, the spiral downward may continue to the point where they have less incentive not to drink (or drink and drive) because they have nothing left to lose. Proponents of this method of shaming are quick to point out that posting a person's information today might make the next person think twice before getting behind the wheel after drinking. Perhaps, but who is more likely to drink and drive, somebody who has never had a DUI, or somebody already convicted and now humiliated?

There is no right to privacy in the criminal justice system. In fact, people are generally entitled to a public trial. Doing things in the light of day is one of the methods we have of preventing abuses in our justice system, but branding people with a scarlet DUI may well go too far. We just don't know what the ultimate effect will be. But, from the perspective of an attorney who defends DUI cases, it certainly appears that DUI defendants are even more likely to fight their cases if they know they will end up on the website if they plead guilty.

For now, there are no clear answers, only more questions, and as always when it comes to DUI cases, emotions.