In a drunk driving case, Ruth testifies that five minutes before the stop, the defendant said, 'I probably should not be driving. I'm feeling drunk.' How should this be treated?

In a drunk driving case, Ruth testifies that five minutes before the stop, the defendant said, 'I probably should not be driving. I'm feeling drunk.' How should this be treated?

• A. It is not hearsay because it is a party statement
• B. It is not hearsay due to State of Mind exception
• C. It is admissible as a prior inconsistent statement
• D. It is admissible as a business record

Answer: (B)

The key idea is a statement about the declarant’s own mental state that is made at the time he spoke. Statements of a person’s then-existing state of mind, emotions, sensations, or physical conditions are not hearsay under the State of Mind exception. Here, saying “I’m feeling drunk” directly describes the defendant’s intoxication at the moment he spoke, and noting that he “probably should not be driving” shows his recognition of his own impairment. This makes the statement admissible to prove his condition at that time, which is highly relevant in a drunk driving case. While you could also view this as an admission by a party opponent (a nonhearsay statement against the defendant), the most straightforward basis is the State of Mind exception, which is why this is treated as not hearsay for the purposes of proving his intoxication. It isn’t a prior inconsistent statement or a business-record issue, which don’t apply here.

The key idea is a statement about the declarant’s own mental state that is made at the time he spoke. Statements of a person’s then-existing state of mind, emotions, sensations, or physical conditions are not hearsay under the State of Mind exception. Here, saying “I’m feeling drunk” directly describes the defendant’s intoxication at the moment he spoke, and noting that he “probably should not be driving” shows his recognition of his own impairment. This makes the statement admissible to prove his condition at that time, which is highly relevant in a drunk driving case.

While you could also view this as an admission by a party opponent (a nonhearsay statement against the defendant), the most straightforward basis is the State of Mind exception, which is why this is treated as not hearsay for the purposes of proving his intoxication. It isn’t a prior inconsistent statement or a business-record issue, which don’t apply here.