Illinois Appellate Court
Criminal Court
DUI
Defendant was charged with DUI and refused chemical testing; his license was suspended for 12 months per statutory summary suspension (SSS). Court denied State's request to introduce Defendant's testimony from SSS rescission hearing as part of its case in chief at trial. The constitution does not prohibit the State from introducing Defendant's civil SSS hearing testimony in his criminal DUI prosecution; and Defendant's testimony at rescission hearing was not considered compelled in violation of his constitutional rights, as the potential risk of losing driving privileges does not rise to the level of an "impermissible penalty" imposed by the government. If a Defendant chooses to testify at his SSS rescission hearing, he must do so knowing that his testimony may be used against him in the underlying criminal action. (MYERSCOUGH and STEIGMANN, concurring.)