Illinois Appellate Court
Civil Court
Statutory Summary Suspension
Defendant was arrested for DUI, and because he failed to complete a Breathalyzer test, his driving privileges were summarily suspended. Before the time to decided whether to take the Breathalyzer test expired, Defendant never expressly refused, or expressly agreed, to take the test, but "hemmed and hawed", and told officer that making a choice was a "huge" decision he didn't know how to resolve, and then used delay tactic of discussing various topics of conversation with officer. Defendant's failure to decide constituted a refusal, so that his statutory summary suspension was proper.(SCHOSTOK and McLAREN, concurring.)