In Illinois, drivers that are arrested under suspension of DUI are afforded many rights. When an officer has probable cause to detain the driver, those who feel they are guilty and want to waive their right to a trial can simply plead no contest. This is something that should not be entered into lightly because once you agree to forgo the criminal trial, you can not change your mind.
Before consenting to waiving your rights, it is always advised that you speak with a DUI attorney who can fully explain what is a Chicago DUI Advisement of Rights Waiver and Plea form. There may be an opportunity for an attorney to analyze the evidence and discredit the prosecution case, so proceed with extreme caution.
Protecting Your Rights in Illinois
Regardless if you were suspected of driving drunk because your vehicle exhibited driving patterns that are in line with someone under the influence, or you failed a field sobriety test, you still have the right to dispute the charge. In Illinois, it is every driver’s right to have their case heard in a court of law, then given a fair trial before being found guilty of a DUI charge. Whether the driver fails a breath, blood, or field test, they will be ordered to appear in court to answer to an criminal judge. The only way the driver can be found guilty is if the prosecution can present a case beyond a reasonable doubt the driver was in fact intoxicated at the time of the arrest, or if the defendant simply pleads no contest.
Your DUI attorney in Chicago can carefully analyze the audio and video from the arrest, and look for inconsistencies with the police report. If needed, your attorney has the ability to subpoena that officer so they have to appear at a less formal DMV hearing to answer questions about that evening. The answers could open the door for your lawyer to developing a defense that could discredit the prosecution evidence.
The Arraignment Process
The driver’s first appearance in the court to answer the charges of this DUI case is called the arraignment. The judge will read the charges to the defendant at the arraignment, and then ask if the defendant would like to enter a plea. This is the opportunity for the defendant to plead not guilty, guilty, or no content. If the defendant pleads no contest or guilty, they will be provided with the DUI Advisement of Rights Waiver and Plea form.
The defendant is asked to clearly read the form very carefully and to initial by each statement on the form. This is not something to enter into lightly because you will be subject to the full penalties of the DUI charge. A DUI attorney will not be able to dispute the charges at a later time if this form is completed.
The Details of Waiver and Plea Form
The first section of the Advisement of Rights Waiver assures the defendant is fully aware that they are going to be relinquishing their rights when pleading no contest or guilty. By signing the plea form, the defendant is in a sense confirming they have been advised of all the consequences that they still face, and that by making this admission it does not lessen or win favor with the courts, only lessens the amount of time of the hearing.
Part of the Advisement of Rights Waiver informs the defendant that they do have the right to an attorney before making this decision, and if they can not afford a DUI attorney, a public defender will be appointed to them by the court. The defendant is also informed that when signing this plea form, there are many disadvantages they face and should at the least consult with an attorney before making any decision.
DUI Advisement of Rights Waiver Charges and Codes
The next section of the Advisement of Rights Waiver form goes into detail about the many potential charges that could affect the defendant if they plead guilty or no contest to the DUI. The defendant is also informed of their Constitutional rights that are going to be forfeited by signing the plea form. Once the document is signed, the defendant in a sense gives up the right to a trial by jury, lose the right to confront witnesses, gives up the right to produce evidence to dispute the charge, and the right to self-incrimination.
The DUI Advisement of Rights Waiver form is four pages, and carries with it heavy forfeiture of many defendant rights. Your DUI attorney is your best line of defense to make certain that you understand the consequences of signing the form and perhaps to convince you to fight the charges and reduce any potential penalties.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Learn more about DUI by reading this wikipedia page.