QUESTION

Can I use spousal privilege?

Asked on Jul 11th, 2013 on DUI/DWI - Utah
More details to this question:
Hypothetically: my husband was supposedly driving under the influence. He parked the car and got it stuck in a flooded area. No officers saw him actually driving. They came to the house because it was literally a few houses down the street and they knew it was our car. I remained silent when they asked if he was driving the car or not- they never actually saw him. Can I use spousal privilege to not incriminate my husband and just make them prove their case? He has prior DUI's..
Report Abuse

6 ANSWERS

You don't have to answer any questions, regardless of spousal privilege. You are not under arrest, you are not under suspicion of a crime. If they pursue you, tell them you will come to the police station with your attorney.
Answered on Jul 14th, 2013 at 9:17 PM

Report Abuse
Michael J. Breczinski
You do not have to talk to the police since it could have been you driving the car.
Answered on Jul 14th, 2013 at 9:17 PM

Report Abuse
Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
Update Your Profile
You need to speak with his attorney. Judges have their own view of that privilege and some would be in your favor.
Answered on Jul 11th, 2013 at 7:31 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Quite possibly, he should engage a good attorney. If you are in Michigan, call to engage and for an appointment.
Answered on Jul 11th, 2013 at 7:31 PM

Report Abuse
You don't need to invoke any privilege. You have the right to remain silent and don't need to open your mouth to anyone. As for your husband, he needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on Jul 11th, 2013 at 5:47 PM

Report Abuse
Yes, you can assert that privilege.
Answered on Jul 11th, 2013 at 11:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters