Section 8.9 Substance Abuse

• Library: Evidence 2017

C. (§8.9) Substance Abuse

Witnesses who were intoxicated or using drugs that may impair their ability to hear or perceive are not, by such use, presumptively incompetent to testify. While the person’s consumption of alcohol or other substances may be admissible concerning that person’s ability to hear, perceive, or see, incompetence must still be shown under the general standard, or the witness is competent to testify. Thus, a witness who was under the influence of drugs such as cocaine or heroin at...