Legal Question in DUI Law in Illinois

Hello. Miranda rights DO need to be given by the arresting officer to a person being arrested for driving under the influence. This is a very important constitutional requirement. However, there is a loophole that some police officers use to their advantage. Police officers do not have to read a person their Miranda rights, if the officer is not officially placing that person under arrest. In Illinois, a person may be held for several hours, before they have to be released, or charged with an offense. During the time that they are being held, there is no requirement that the detained person be read his or her Miranda rights. I always advise that a person should remain silent and not make statements to a police officer, unless that person has an attorney present. Anything said by a citizen to a police officer may be used against him or her based upon the police officer's interpretation. That is the important point to remember. Of course, if one obeys the law, he or she is less likely to have an unpleasant encounter with a police officer. After all, a police officer's job is to protect and serve, and there are many fine officers whom I have the highest regard for. I will be happy to discuss this matter further and in more detail.