Driving Under the Influence of Alcohol – LICENSE SUSPENSION REMOVED

The Illinois State Police observed my client speeding on I-55 while swerving in and out of his lane of traffic. The State Trooper smelled a strong odor of alcohol coming from my clients breath. My client admitted coming from a bar and consuming numerous alcoholic beverages. The trooper observed that my clients eyes were bloodshot and glassy so the trooper requested that my client perform field sobriety tests. My client failed the field sobriety tests in the troopers opinion. The trooper requested that my client submit to a portable breath test (PBT) in which my client refused to take. The Trooper then arrested him for DUI and took him back to the Illinois State Police Station. At the station, my client refused to submit to a breathalyzer. Because my client refused, the Illinois Secretary of State was going to suspend his driving privileges for a one (1) year period. My client needed his driver’s license so my office filed a petition to rescind statutory summary suspension in order to fight the suspension. After arguing with the prosecutor and showing case law to the judge, we won the license suspension. My office argued that my clients Due Process rights were violated because he was not afforded a timely hearing. The judge agreed and removed his license suspension.