Many of you have commented on the story of the Fitchburg DUI suspect who is alleged to have repeatedly state to the police officer that “he was drunk”, and that both “knew that the suspect was drunk.” Under Massachusetts law, statements that are volunteered by those suspected of criminal activity, without any interrogation by the police are admissible, if they are voluntarily made.
This begs the question of what does it mean to be voluntary? A statement is voluntary if it is the product of a rational intellect, and it is not made because of coercion or impairment due to the consumption of alcohol or drugs.
The problem with arguing that a statement is involuntary due to alcohol or drugs in a DUI case is the fact that the motion affidavit will have to acknowledge that the person charged was under the influence of either substance. Unless the defense is involuntary consumption of either alcohol or drugs, this may help in the battle against the statements, but will likely prove detrimental to the overall case.
With this in mind, if you or someone you know is charged with DUI, contact a DUI Attorney who will fight for you and who will argue to keep statements out. Don’t wait until it’s too late, there is no time like the present.