This is an interesting question and one that does merit attention as most people accused of DUI first contact their lawyer from jail. The answer to this question is - it depends. Increasingly, jails and detention facilities record every conversation that an inmate holds, be it between friends, family members and perhaps, even attorneys. What does this mean? Theoretically, it means that the State and the police, even if they do record your conversation with your attorney, they cannot use it against you and cannot share it with the District Attorney. That being said, it is always best to be as discrete as possible when talking to your attorney in any public setting. However, be forewarned that any conversation in jail with anyone other than your attorney will most likely be recorded and will most certainly be used against you. Remember, silence is golden! Never operate a vehicle if you are under the influence of any substance.