A lot of people have witnessed Dui arrests in Illinois but most of them do not have a good understanding of the due process since they have not been in a similar situation. However, if you or a loved one had been arrested on drunk driving charges in Illinois you may want to have a better understanding of the process.
It is important that after getting arrested for DUI in Illinois you understand Miranda rights and how they work when it comes to an arrest. When you are in a legal situation it is highly important to have the right to remain silent and to have a right to an attorney.
It is important for you to have an understanding of Miranda Rights during a DUI arrest in Chicago and we are going to guide you through it in this article.
Miranda rights come from the court case of Miranda V. Arizona from 1966. If you are a movie lover or peak to watch a few movies from time to time you have most likely heard the Miranda rights being recited on TV and in most movies.
When this case was tried the accused confessed to a crime that they had committed and they were convicted. Later on, the conviction was thrown out and the law established that an accused person or suspect should be made aware of their rights to remain silent during an arrest. They should as well be informed that they have a right to an attorney.
Illinois courts are bound by this Miranda decision. This means that police officers must warn the defendant of this right to remain silent and have an experienced attorney. These are sometimes called Miranda rights or Miranda warnings. However, there is an exception to this rule that is important to understand.
The courts in Illinois are bound to the Miranda rights. What this means is that during an arrest the police officer should warn the suspect of their right to stay silent and to have a lawyer. The Miranda rights are as well called Miranda warnings. Even so, this rule has an exception and it is important to understand it.
Even before you get to the exception of this rule it is important to understand the process of being pulled by the authorities for a DUI. If it is your first time getting pulled over for a DUI or you are trying to get answers for a loved it is essential for you to know what follows after an individual is suspected by the police of drinking and driving and is pulled over.
After police pull you over after you have been suspected of drinking and driving the police officer will go ahead to ask you questions about what you were doing before you started driving. That includes questions like if you were drinking before you started driving. You can choose to politely decline to answer these questions until you consult with your attorney.
It can get complicated when you are faced with the decision of whether or not you should submit a breathalyzer test. The answer of whether or not you should take a breathalyzer test will depend on the situation you are in. Also, keep in mind that Illinois laws state that an individual refusing to submit a chemical test will lead to them incurring an automatic 12 months license suspension.
A first-time DUI offender that has refused to take a breathalyzer test may only have their license suspended for a period of 6 months if they have a blood alcohol concentration of .08 or higher. You will face 12 months in the case where you have refused to take a breathalyzer test.
If you have been in a situation where the police have pulled you over for drunk driving you know that it can be a frightening situation to deal with. As an individual, you are likely to be nervous and even anxious when you are pulled over since you don’t understand what to do. You should keep in mind that even though you have been pulled over you have rights. Also, remember that an arrest does not mean a conviction you can fight a Dui with the help of an experienced criminal defense attorney.
When you are stopped for a DUI you are allowed to invoke the Fifth Amendment and not answer questions asked. However, as you exercise your privilege it is advisable to stay calm and to do it politely. Also, you have the right to refuse for the police officer to search you or your vehicle.
When one is being arrested for DUI Miranda rights are highly important. However, it is as well important to know when exclusionary rules apply. Like for example if it is a terry stop and not a custodial interrogation Miranda rights do not apply.
The meaning of a terry stop is when the police officer stops you of a traffic violation and they have reasonable suspicion that you were about to commit a crime or you committed a crime. In the instance of a terry stop, the interrogation is not custodial and you aren’t under arrest.
When you are in a terry stop the police officer is not required to read you your Miranda rights. In this case, the police officer is carrying out an investigation so they can understand what is happening they aren’t necessarily trying to gather evidence to build a case against you.
Even so, based on the duration of the terry stop and the nature it is possible for a terry stop to turn into a custodial stop. In this situation, the Miranda rights will apply.
It is necessary that the arresting officer read you your Miranda rights if they are going to ask you questions that they plan to use against you during your DUI case. That means that your rights will apply if the questions that the officer is asking you are meant to be used as evidence against you.
In the case where a police officer arrests you or takes you but did not ask you questions that were incriminating it is not necessary for the Miranda rights to be read to you. The purpose of these rights is so that an individual does not incriminate themselves. However, if no questions have been asked it is not necessary for the officer to read the Miranda rights.
You should keep in mind that the police can and are allowed to arrest you without reading your Miranda rights to you. Even so, if you are required to admit to a crime then the police have to first read the Miranda rights to you.
If the law enforcement officer failed to read you your Miranda rights it can prove to be beneficial to your case. However, this will only apply in some circumstances. If most of the evidence that the case relies on is the confession when your Miranda rights were not read to you it is possible for the court may dismiss the evidence presented against you.
It is important for you to consult with an Illinois DUI defense attorney so you can get legal advice before answering any questions.
