Can the police use my statements during a DUI arrest as evidence in court?
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- Videojug
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Can the police use my statements during a DUI arrest as evidence in court?
Neil Shouse (Defense Attorney) gives expert video advice on: Can the police use my statements during a DUI arrest as evidence in court?; What are three nationally standardized DUI field sobriety test?; Are DUI field sobriety tests accurate and reliable? and more...
As a general rule, anything that you say to the police during the DUI investigation and arrest can later be used against you in court. The exception is if the statements run afoul of your Miranda rights. After the police arrest you - after they put on the handcuffs, put you in the car and take you away - at that point if they are going to continue to interrogate you and continue to ask you questions like what you were doing, how much you drank, or whether you feel drunk, at that point they have to advise you of your Miranda rights. If they do not advise you of your Miranda rights after you were arrested and they continue to interrogate you, then anything that you say in response to the questions can be excluded from evidence and not used against you.