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..
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.
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.
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