If the suspect is intoxicated or under the influence of drugs to the point that he cannot understand his constitutional rights, then any waiver is void. If the suspect is suffering from a mental disability which renders him incapable of understanding his constitutional rights, then any waiver is void. The level of mental disability which would render a suspect incapable of understanding his constitutional rights is probably close to the point at which the suspect could be said to be incapable of managing his own affairs. Where circumstances cast doubt on knowing and intelligent quality of alleged waiver of right to counsel, there can be no waiver. State vs. Dickens 192 NJ Super.
Intoxication is grounds to suppress statements.
See e.g. Common vs. Brithsher 563 A.2d 502, App granted 575 A.2d 107. Due process requires not only that a conviction not be based on an involuntary confession but also that a trial court hold what has become known as a Jackson Denno hearing when a defendant contests the voluntariness of his statement. The Law Office cannot provide legal advice or answer legal questions over the phone or by email. The Law Office now accepts payment by American Express, Visa and Master Card. It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel.