WHAT KIND OF WARNINGS ARE THE POLICE REQUIRED TO GIVE BEFORE I CAN BE ARRESTED FOR DUI IN ILLINOIS?

Posted on August 30, 2019 by mdkeenan

When you are arrested for DUI, the police must read you the Warnings to Motorists, but this is not the same as your Miranda rights.

The Illinois Secretary of State will try to automatically suspend your driver’s license on the 46th day after your arrest for DUI. The length of that suspension depends partly on whether you agreed to take a breathalyzer or other field sobriety tests. Before taking those tests, the officer must read you the Warnings to Motorists to inform you that your license will be suspended for a longer period if you refuse the tests.

Illinois law does not require that you understand the warnings or even that they be given to you in any language besides English. Nor does the law require you to understand the consequences of refusing the tests. The warnings are intended to help state gather evidence rather than enable you to make an informed choice.

If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for its best possible defense. Did police follow proper procedures during your arrest? Even if you do not understand the warnings, the officer must still provide them. Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: People v. Garcia-Gutierrez.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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