If you are under the influence of alcohol and you give a statement to police, will that stand in the court of law if go to trial

My friend was arrested for CDV by his girlfriend. The girlfriend was under the influence of alcohol at the time she called the police to have him arrested. Should the police taken a statement from her while she was drunk? Will this statement hold up if it goes to trial?

Columbia, SC -

Attorney Answers (4)

James Ross Snell

James Ross Snell

Domestic Violence Lawyer - Lexington, SC
Answered

The police are allowed to take statements from anyone, drunk or sober, regarding a crime. These statements can serve as the probable cause to support an arrest. The girlfriend will also be allowed to testify concerning what happened in Court (the statements generally cannot be admitted as evidence themselves.) If she was drunk at the time of the alleged CDV this can be brought up in Court to challenge her credibility. It will still be up to the jury to determine if they believe her testimony in light of the drinking.

I have more information on this topic at my website.

Michael Edward Atwater

Michael Edward Atwater

Car / Auto Accident Lawyer - Rock Hill, SC
Answered

By the way, I practice a significant amount of CDV Defense. (803) 600-0818.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

Michael Edward Atwater

Michael Edward Atwater

Car / Auto Accident Lawyer - Rock Hill, SC
Answered

The police can offer the statement into evidence at trial if his girlfriend is going to appear at trial as a witness. If she is not appearing at trial, then the statemet is hearsay, and not admissible. The police officer would still be able to testify to anything that he personally observed during his investigation. He can also testify to anything that the defendant said while he was there as long as the statement was not the result of custodial interrogation without being Mirandized (read his rights).

If she appears at trial as a witness, then the officer can offer the statement into evidence. The statement is subject to being attacked as not credible due to diminished capacity from alcohol consumption.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

Owen David Greenberg

Owen David Greenberg

Domestic Violence Lawyer - Arlington Heights, IL
Answered

The fact that the girlfriend was under the influence, is one of the factors a judge can use in assessing her credibility.

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