Jermaine Phillips challenged his DUI conviction, claiming that the evidence failed to prove his guilt beyond a reasonable doubt. Specifically, he argued that his blood-alcohol level of .059 was below the legal limit, and other circumstantial evidence of his guilt was weak. An Illinois appellate court affirmed Phillips’ conviction, holding that the state presented sufficient evidence that Phillips emitted a strong odor of alcohol, exhibited slurred speech, had bloodshot eyes, and performed poorly on the field-sobriety tests. The court reached this conclusion despite the fact that Illinois law eliminates the presumption of impairment when a defendant’s blood-alcohol level is between .05 and the legal limit of .08, like Phillips’.
In 2010, Phillips was charged with three offenses: (1) driving under the influence of alcohol; (2) driving under the combined influence of alcohol, other drugs, or intoxicants; and (3) driving with no registration light.