Legal Question in DUI Law in Illinois

I was given a ticket of unlawful consumption of alcohol by a minor. We were pulled over, had open containers and cases of beer. The officer asked us if we were drinking, we said yes. He never asked us to blow. He then let us walk two blocks to the station because we were that close, without supervision or guidance. We were then held, booked, finger printed, and given our ticket to appear for a city ordinance violation.

My question is this: i've heard from multiple people that because we were detained and weren't allowed to leave that we were technically under arrest and that we should have been read miranda rights. Also, since we never blew, the police have nothing but an admission but no physical evidence such as the test to confirm. So should we have been read rights--or do have a way out since we never blew or were asked to blow?


Asked on 4/20/10, 9:18 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

You might have a technical defense to the charge, and you could hire an attorney and pay some very substantial attorney's fees to take a chance on sucess. But, the negative consequences of winding up wiuth a conviction on your record almost dictate that the smartest thing to do is to negotiate a plea bargain under which you will avoid any conviction. This may entail you going through an alcohol program through the state's attorney's office or some other facility. I would strongly suggest that you consult with an attorney in the geographical area where youare facing this charge. Good luck.

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Answered on 4/29/10, 8:47 pm


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