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A statement cannot be used against you, if the person is under the influence. Police can take a statement from a person who is under the influence; however, the statements police take are an investigatory tool and are not actually admissible at trial except under very limited circumstances. Instead, the person who gave the statement must testify. The fact that he or she was under the influence at the time of the events. Then it can be brought in testimony to raise doubts about the accuracy of his or her recollection.

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