Auto Insurance After DUI in Illinois

Reader’s Question:

I got charged with DUI here in Aurora, Illinois and if I get cleared, will my car insurance rates still increase? If so, how can I avoid an increased rate on my car insurance?

Heriberto

Aurora, IL

Even if you get cleared for your DUI charge in Aurora, Illinois, your car insurance company could still increase your rates, just because you were arrested for DUI. It is actually their right to increase your car insurance rates for the DUI arrest, but it is also your right not to notify them unless you are actually convicted for DUI. To avoid increased car insurance rates, you have to retain a good DUI lawyer after your DUI arrest if you are able to afford one.

You should ask your DUI lawyer as soon as possible on how to avoid increased car insurance rates after a DUI conviction. The DUI lawyer could advise you on what to say to your insurance company and when you have to say it. You also have to understand that you would experience some level of increased car insurance rates unless your DUI case is dismissed. You also have to ask your DUI lawyer about DUI support groups in your area. You could not only gain some comfort by talking with others, but you could also get peer advice for finding good car insurance and coping with financial pressures caused by your DUI charge.

DUI Miranda Rights in Illinois

Reader’s Question:

The Miranda warnings are very popular statements of the police during an arrest and I don’t know what happens if they forget to say it during a DUI arrest. What if the officer fails to read me my rights if in case I get arrested for DUI here in Champaign, Illinois?

Laquita

Champaign, IL

There is often a common misconception about the failure of a police officer to read a person his/her Miranda rights (i.e., “You have the right to remain silent, you have a right to an attorney”) during a DUI arrest. Unfortunately, if you get arrested for DUI in Champaign, Illinois and the police officer failed to read you your Miranda rights, the DUI case will not be dismissed. These Miranda warnings would only affect the admissibility of statements made by a DUI suspect after he/she is arrested.

For example, if an individual is stopped over because his tail lights are not working and he tells the police officer, “I’m drunk as a skunk and I never should have been driving,” this could be used against the person because the person is not arrested or in custody. But if the individual is in handcuffs and, answering the police officer’s questions says, “I was drunk as a skunk and never should have been driving,” the police could not use this statement unless they have read the person his/her Miranda rights.

What Are The Possible DUI Penalties in Illinois

Reader’s Question:

A friend of mine was arrested for DUI in Skokie, Illinois for the first time and from what I know, they have a strong case against him. Could you please educate me on what he could be facing because of his DUI charge, what are the penalties involved?

Aldrin

Skokie, IL

After your friend was arrested for DUI in Skokie, Illinois, he would be facing two different cases; one is an administrative driver’s license suspension that starts automatically, unless appealed and the other one is on the court system. He would need to request for a DMV hearing which should be done quickly after the DUI arrest so that he can be able to appeal against the suspension of his driver’s license. He would also have to make sure that he hires a qualified DUI lawyer to help him with his appeal to ensure that it is received in time and that all of the necessary paperworks are filled in correctly.

If he tries to do all of these by himself, he is risking making a serious mistake and losing his without the chance for appeal. Aside from that, if convicted for DUI, he would have penalties that are truly unacceptable. Since this is his first DUI offense, it would be considered as Class A misdemeanor charge. If he gets convicted, he can expect to have consequences such as fines of up to $2,500, jail time of up to 364 days, potential Victim Impact Program requirement, alcohol evaluation with potential counselling, potential community service and any other consequence deemed necessary by the judge.

Illinois DUI Traffic Stop – Why Was I Stopped?

Reader’s Question:

When I was arrested for DUI here in Evanston, Illinois, I really didn’t understand why the officer asked me to pull over. I don’t remember that I committed any traffic violation. What are the possible reasons why an officer could ask a driver to pull over because of a DUI suspicion?

Bonnie

Evanston, IL

On your DUI arrest in Evanston,, the police officer should have had a ‘reasonable suspicion’ to pull you over. It may constitute a ‘reasonable suspicion’ if the police officer observed that your vehicle was swerving over lanes. Similarly, if you were driving with a broken headlight, broken taillight, driving too fast or even with your high-beams on (in traffic), that could also be sufficient ‘reasonable suspicion’ to pull you over. But if after an investigation of your DUI case that it is discovered that your broken taillight was nothing more than a crack in the red plastic, or if you were driving with your high-beams on and a significant distance from other vehicles, the DUI stop would be considered illegal and an appropriate motion to suppress and could result in an order excluding all evidence after the illegal stop.

The evidence that can be excluded would be the police officer’s observations, breath test results, field sobriety tests and anything else that the state attorney might rely on to obtain a conviction. It has also been found that minor swerving within lanes could be an insufficient reason for an officer to stop your vehicle. Similarly, since newer vehicles are equipped with three or more tail lights, a DUI stop for a malfunctioning tail light is improper if two of the three tail lights on your vehicle were operating properly

Illinois DUI Arrest – What Should You Do?

Reader’s Question:

I’m afraid that the same thing could happen to me because my sister was recently arrested for DUI in Champaign, Illinois. What are the things that I would have to do first and foremost if I get pulled over and arrested for DUI?

Jadyn

Champaign, IL

If you are pulled over and arrested for DUI in Champaign, Illinois, the first thing that you would have to do is to find a safe place to pull over. As soon as the officer decides to pull you over for DUI suspicion, he starts making observations that he will write in the police report. This document could have a decisive impact on the outcome of your DUI criminal trial and your DMV hearing. The officer would make a mental note of how you pull over. The officer would note it in the report if you slow down too abruptly, pull over in an unsafe location, or drive erratically.

Also remember not to make sudden movements because officers are trained to be cautious and to protect themselves. They always approach the vehicle from behind so that they have a clear view and so the driver would have to turn completely around in order to attack or shoot them. Be polite as well because this way, you are far less likely to be arrested. If you’re hostile or rude, the officer would likely do everything possible to get you convicted, including writing an incriminating police report. You should comply if the officer asks you to step out of the vehicle, otherwise you could be charged with resisting arrest.

Illinois DUI Field Sobriety Tests

Reader’s Question:

A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?

Warren

Decatur, IL

The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.

An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.

Can I Be Charged With DUI in Illinois If I Don’t Own A Car?

Reader’s Question:

Can I be charged of DUI even if I don’t have a car in Illinois?

John

Thank you for asking John.

Yes, you don’t have to be operating a car, truck or motorcycle to be arrested for DUI. Each state’s laws are different, but throughout the United States, individuals have been arrested for DUI while driving an assortment of motor vehicles, including boats, airplanes and bicycles.

In Illinois, these DUIs may seem amusing, but they’re actually very serious. Vehicle-free DUIs and non-driving DUIs pose just as much of a threat as “regular” DUIs, and can cause injury to people, other motorist, and yourself. And DUIs that don’t include vehicle certainly do include criminal penalties.

If you still have lingering questions regarding DUI, you should connect with a DUI lawyer for advice and clarification about DUI myths and laws in Illinois.

Goodluck!

MariCAR