Thank you for the additional information. His statement alone would not likely be enough for the State to show/prove he was behind the wheel of the vehicle or in actual or physical control, while under the influence. Simply getting food out of the car, is not a crime and it is not a situation where he was sitting in the car. Moreover, if you are going to testify at trial
to the same and the officer(s) did not witness anything more then food being taken from the car, the case may be weak, since they could not prove the basic elements. In addition, he did not get caught driving. Also, there is no way to prove that he was impaired behind the wheel of the vehicle, since you stated you were at a home and already inside, so he could have easily walked in, consumed alcohol and then walked out to the car. The call itself is recorded and often times, jail house calls with admissions can be used and admitted into evidence. Had he said he was drunk and drove and got away with it, etc, it would be a different story but simply saying he did not get caught driving, is not necessarily damaging and a smoking gun
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