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.

Out-Of-State DUI Conviction For Illinois Driver

Reader’s Question:

I live in Naperville, Illinois and I was just convicted for DUI in another state. My driving privileges have been removed from that state. Does my DUI conviction from another state mean that my Illinois driver’s license would be suspended?

Jerome
Naperville, IL

If you’re a resident of Naperville, Illinois, upon the receipt of the report of your DUI conviction from another state, the Illinois Secretary of State would automatically revoke your driver’s license. To avoid a license revocation, any reduction or amendment must be to an offense that would be recognized separately (that is, Reckless Driving) under the Illinois Motor Vehicle Code.

Since your out-of-state DUI case resulted in a conviction, it would usually take several weeks for the report of the conviction to reach the Illinois Secretary of State. But upon the receipt, the Secretary of State would immediately serve a Notice of Revocation upon you by mail. The revocation would be effective normally within a few days of mailing. If you no longer live in the same address listed on your driver’s license, you must change your address directly with the Secretary of State’s Drivers Services Department forthwith as official notices from the Secretary are not forwarded and your failure to actually receive the notice does not affect the validity or effective date of the revocation of your license.

Tags: driver’s license, DUI, DUI lawyer

Illinois DUI Case Going to Trial – How Long Will It Take?

Reader’s Question:

I just wonder how long it will take if I fight my DUI case here in Illinois. I am thinking that I just work out a deal rather than going to trial to get this over and done with. Is it true that a DUI trial could take months?

Zaire

Berwyn, IL

Yes, if you take your DUI case in Berwyn, Illinois to trial in front of either a judge or a jury, it would take you some number of months. There could be two or three court dates before a trial, which would probably be six months out. It could take a total of six months to a year for the case to be resolved for a jury trial. There is a possibility to skip preliminary motions and schedule a bench trial immediately in some circumstances. This would usually limit your DUI defense options so it does have disadvantages but it could give you a chance to resolve the case in two months or less.

If you work out a deal rather than going to trial, it would be very likely that you can have the minimum penalty available under the law. Your DUI case would be continued without a finding for one year. The judge would suspend your license for 45 days (consecutive with the six-month breath test refusal or 90-day failure suspension), and you would pay a number of fees and fines. The conditions of your probation would be that you attend and complete the alcohol education program.