Legal Question in Criminal Law in Wisconsin

Yes, so long as incriminating statements to police officers are not taken under unduly coercive circumstances and are voluntarily given, they are useable in court, even against a suspect who has been drinking, subject to the limitations of the Miranda case (specifying that suspects who are interrogated while under arrest to should usually have their rights read to them). At extremely high alcohol levels, the voluntariness of a state can sometimes come into question, provided that the issue is properly raised by an experienced criminal lawyer who is representing the suspect. If this issue is not raised in a technically correct and timely manner, it can be waived and disregarded, just like any other legal defect in the proceedings. If your brother wants to raise this issue, it is therefore critical that he immediately retain an experienced criminal lawyer to file the correct type of motion before the right to contest the confession is lost due to delay. Assisting him promptly with this is probably your best option for helping him. If he does nothing in this regard, the statement will undoubtedly be used against him and the issue never even considered by the judge. My comments here are not intended as legal advice but are instead offered solely for public educational purposes. This answer does not create any attorney client relationship between us, although you are welcome to contact me at my Racine office for additional follow-up.