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

The Hoffman Estates Police Department observed my client driving his vehicle at 3:30 AM without any headlights on. My client had slurred speech, droopy/bloodshot glassy eyes, strong smell of alcohol on his breath and was very confused when speaking to the police officer. My client was given numerous field sobriety tests including the horizontal gaze nystagmus (HGN) test, Walk and Turn test and the One Leg Stand Test. The officer claimed that my client was also fumbling with his paperwork while trying to locate his proof of insurance. My client admitted to consuming alcohol and then the officer arrested him for DUI. At the police station my client refused to blow in the breathalyzer test. Because he refused to blow, the secretary of state was going to suspend his license for one (1) year. I filed documents to prevent that from happening and conducted a hearing on that request. I argued that my client never received the required “warnings” before the officer asked him to blow into a breathalyzer. The law in Illinois states that if the arresting officer does not read you the “warning to motorist” before he requests a breath sample from you then the license cannot be subsequently suspended. After we argued that, the judge agreed and removed the one (1) year suspension!