Driving Under the Influence of Alcohol (DUI) – LICENSE SUSPENSION REMOVED

The Orland Park  Police Department observed my client driving her vehicle at 5:00 AM while speeding 61 mph in a posted 30 mph zone. When the police officer approached her vehicle, he smelled an odor of an alcoholic beverage coming from her mouth. My client then admitted to consuming alcohol earlier in the evening. The officer observed her eyes to be bloodshot and glassy. The police officer requested that my client submit to field sobriety testing. My client agreed to perform the Horizontal Gaze Nystagmus Test (HGN) which the officer indicated that she failed. My client was arrested for Driving Under the Influence of Alcohol (DUI). At the Orland Park Police Department my client refused to submit to a breathalyzer test and therefore her license was going to be suspended for one (1) year.  After getting arrested for a DUI, if you refuse the breathalyzer, your license gets suspended for a longer period of time than if you submit to testing (However, it is always better to refuse all testing after a DUI arrest). I filed the paperwork for hearing on my client’s driver’s license suspension. At the hearing I argued that the police officer had no probable cause to arrest my client for a DUI. After hearing the officer’s testimony, the judge agreed with me. The judge ruled that the officer did not have probable cause to arrest my client for DUI. The judge removed the license suspension!