People of the State of Illinois v. BD
Our client was charged with driving under the influence of alcohol for the first time because a police officer allegedly saw him make a left turn into the right hand lane and cut off other traffic. When stopped, the officer said he detected a strong odor of an alcoholic beverage coming from our client's breath, bloodshot, glassy eyes, slurred speech, and when asked if he had been drinking, our client allegedly admitted to drinking alcohol. Our client was then asked to exit his car and submit to field sobriety tests, which our client did and he failed all of them according to the police officer. When back at the police station, our client took a breath test, which measured .127. Although it was our client's first DUI and the state offered our client a period of court supervision, we declined the offer and filed our motions asking that this case proceed to a contested trial. We were able to get the summary suspension of their driving privileges dismissed, even though he blew over a .08 so that there was no record of ever being suspended as a result of his taking a breath test and blowing over .08. We were also able to get the results of the breath test suppressed from evidence, and all charges were dismissed against our client. As a result of this disposition, our client did not have to take court supervision, did not have to attend alcohol classes or obtain an alcohol evaluation, and did not have to submit any kind of a letter from his employer. All charges were dismissed, including the summary suspension.