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.

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.