Hi,
I'm from Illinois. I received a DUI last weekend. This is my second offense, the first being three years ago in 2008. I had two passengers in my car, and we were lost, trying to look for the highway. I was told by my passenger, who was one her GPS, to make a left turn and I did, without realizing that there were signs that said "no turn." Cop pulled me over, asked if I had anything to drink, I admitted to having a few beers hours ago. The cop asked me to get out of the car, and asked me to perform field sobriety. He had me follow his pen side to side with my eyes and then asked me to perform the heel-to-toe test. I informed them that I had vertigo (have medical records for this). He then had me stand on one foot, and count from 66-76. He then had me do a finger-tapping test where I touched my thumb to all of my ther fingers and counted 1-2-3-4, 4-3-2-1. I did fine on the one-foot stand, but messed up on the finger tapping (not on the numbers but hte fingers). The cops tried to get me to blow and I respectfully declined. They tried to convince me by saying I was "a big guy and since I ate shortly beforehand (at a local wendys) I would blow under. I still declined.
The cop then breathylized one of my passengers to see if she could drive, she blew over, and then he concluded that "since she's over, you must be to" and informed me that I was under arrest. I received two tickets-- "no turns" and DUI.
At the station, the cop informed me that since it's my second offense, if I don't blow my license would be suspended for three years. He never read the "warning to motorists" verbatum and never informed me of the consequences for submitting to a blow test, only the consequences for refusal. I even made a point to ask him "what difference it would make if I blew at the station" and he simply said the court would "take it under consideration." He never informed me how long my license would be suspended if I did blow and what would happen if I blew over or under. He never even read off the sheet.
Based on all of this, does anyone think I have a shot at getting my summary suspension rescinded based on non-standard Field Sobriety tests that were administered the wrong way and based on not reading the "warning to motorists" verbatim and informing me the consequences of submitting to a blow test?
Any help is appreciated.
I'm from Illinois. I received a DUI last weekend. This is my second offense, the first being three years ago in 2008. I had two passengers in my car, and we were lost, trying to look for the highway. I was told by my passenger, who was one her GPS, to make a left turn and I did, without realizing that there were signs that said "no turn." Cop pulled me over, asked if I had anything to drink, I admitted to having a few beers hours ago. The cop asked me to get out of the car, and asked me to perform field sobriety. He had me follow his pen side to side with my eyes and then asked me to perform the heel-to-toe test. I informed them that I had vertigo (have medical records for this). He then had me stand on one foot, and count from 66-76. He then had me do a finger-tapping test where I touched my thumb to all of my ther fingers and counted 1-2-3-4, 4-3-2-1. I did fine on the one-foot stand, but messed up on the finger tapping (not on the numbers but hte fingers). The cops tried to get me to blow and I respectfully declined. They tried to convince me by saying I was "a big guy and since I ate shortly beforehand (at a local wendys) I would blow under. I still declined.
The cop then breathylized one of my passengers to see if she could drive, she blew over, and then he concluded that "since she's over, you must be to" and informed me that I was under arrest. I received two tickets-- "no turns" and DUI.
At the station, the cop informed me that since it's my second offense, if I don't blow my license would be suspended for three years. He never read the "warning to motorists" verbatum and never informed me of the consequences for submitting to a blow test, only the consequences for refusal. I even made a point to ask him "what difference it would make if I blew at the station" and he simply said the court would "take it under consideration." He never informed me how long my license would be suspended if I did blow and what would happen if I blew over or under. He never even read off the sheet.
Based on all of this, does anyone think I have a shot at getting my summary suspension rescinded based on non-standard Field Sobriety tests that were administered the wrong way and based on not reading the "warning to motorists" verbatim and informing me the consequences of submitting to a blow test?
Any help is appreciated.
Last edited: