Can an intoxicated person be taken straight in for questioning?

UPDATED: Jul 22, 2010

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Can an intoxicated person be taken straight in for questioning?

My husband was injured in an altercation. I called 911 when he returned him home and saw that he had been injured. The police took him to city hall for questioning while he was intoxicated. Our jail is located in a separate facility. I don’t know if they even asked him to go for questioning or if they made him?

Asked on July 22, 2010 under Criminal Law, Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Usually police do not question intoxicated individuals because what happens in essence is any public defender or criminal defense attorney can have his confession or statements suppressed (thrown out) due to his intoxicated mental state.  While intoxication doesn't and cannot render a person innocent of any crime committed (think he still guilty of hitting someone while drunk), questioning/interrogation by police may be something that crosses the line.  Are you sure your husband was questioned or did they take him somewhere to detox?  If you called 911 because he was injured, what happened with the emergency personnel called to the scene? If your husband required medical attention, the police would be required to let him get the medical attention (possibly while under arrest).

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