Legal Question in DUI Law in California

Drunk Tank Phone Calls

Can phone calls made while in the drunk tank for a DUI, be used against you in court? Is this common?


Asked on 7/14/09, 10:29 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Drunk Tank Phone Calls

Unless you were calling your attorney, yesh, they may be uszhed against you.

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Answered on 7/14/09, 10:32 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Drunk Tank Phone Calls

As a former Deputy District Attorney who has been practicing criminal law for about 24 years I've never had a case using the drunk tank phone call as evidence either for or against the defendant. I have used video's of the defendant in the drunk tank to show either a state of sobriety or the lack thereof. I'm not sure if you have an expectation of privacy on the phone at the sheriff station. If I was your attorney, I would do the legal research to determine the case law on the subject. I wish you well. David Wallin.

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Answered on 7/14/09, 11:22 pm
Terry A. Nelson Nelson & Lawless

Re: Drunk Tank Phone Calls

Yes; yes. Now that you know what you shouldn't have done, get an attorney to help you defend these charges. If this is SoCal, feel free to contact me.

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Answered on 7/15/09, 12:48 pm


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