After failing field sobriety tests, an Illinois defendant was arrested for DUI. At the police station, an officer read the defendant the required admonitions, and the defendant submitted to a breathalyzer test, showing his blood alcohol content was within the legal limit. Then, the officer requested that the defendant submit to blood or urine testing. The defendant refused, and his driver’s license was suspended. He filed a petition to rescind the suspension, which the trial court denied. He appealed, arguing that his petition should have been granted because the officers (1) lacked a reasonable suspicion to request blood or urine testing and (2) failed to issue him a second warning before requesting blood or urine testing. In a case relevant to all Illinois DUI law, this fall, the Illinois Court of Appeals for the Third District affirmed.
At the hearing, the Shorewood police officer testified that while on patrol at around 1:12 a.m. on April 4, 2016, he observed the defendant commit multiple lane violations. The defendant’s vehicle veered toward his patrol car, crossed over the double yellow line three times, veered into the painted median twice, and veered toward the opposite lane of traffic. After observing the defendant commit “approximately five lane violations,” the officer effectuated a traffic stop.
The officer approached and asked the defendant for his license. In attempting to retrieve his license, the defendant’s hands slipped multiple times, and before handing the license to the officer, the defendant dropped it in his lap. He also dropped his cell phone in his lap. The officer asked the defendant if he had drunk alcohol or was on any medication, and the defendant answered in the negative to both.