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Can statements taken while drunk be held in court?

San Mateo, CA |
Attorney answers 4


Yes, any statements you make to the police can and will be used against you in court. It would be helpful to know if you were arrested prior to the statements being made or if the statements were made during their initial investigation. Talking to the police only ends badly for a defendant. You should consult with a lawyer, determine the facts, and see if it is possible to attempt to suppress the statements you gave to the police.
Robert Driessen


Yes, any statements you make voluntarily can be used against you, drunk or sober.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


It can even be worse than being interviewed outside a bar. In one of my cases the police came to my client's home where he had been drinking all day, obtained his consent to be interviewed and interviewed him into the night as he kept drinking. It was clear he was out of it but the judge allowed his statements in anyway.

With the new Miranda case from the Supreme Court the police do not have to insure that the statement was voluntary. All they have to do is read you your rights and if you do not remain silent or fail to ask for a lawyer everything comes in. No exceptions were made for drunks.


The short answer is yes, if the statements were made prior to an arrest. However, if the police arrest someone and ask questions without advising the suspect of his right to remain silent, then the answers given by the suspect may be inadmissible as evidence.

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