If you are drunk when you are arrested, does what you tell the officer stand in court?
4 attorney answers
Yes. Statements you said can be held against you and are evidence. Schedule a consultation with Robert Marshall. He is the best attorney in Chico. You have nothing to lose but much to gain. Good luck to you. I hope this helps you?
Yes, your statements made to the police at the scene can be used in court against you, even if you were intoxicated. You should immediately consult with a local criminal attorney for advice and you have 10 days from the date of arrest to schedule an administrative hearing or your license will be suspended.
What do you say on the witness stand if you testify? You tell the truth.
Your statements to an officer don't become inadmissible because you were drunk. It would be hard for a lawyer to make that argument with a straight face: "Your honor, my client was too drunk at the time, so you should throw out the evidence that he was driving drunk."
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If only that worked.
Any statements you made are likely admissible. The exception would be if you were interrogated AFTER arrest and weren't read your rights, but your roadside comments made while intoxicated are admissible.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
And you only have 10 days from the date of arrest to contact the dmv to schedule a hearing or you'll automatically have your license suspended.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.