People v. Durden

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2017 IL App (3d) 160409
Decision Date: 
Wednesday, November 1, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON

Officer pulled Defendant over because of erratic driving. Defendant failed 3 field sobriety tests because he could not follow instructions. These observations were sufficient to justify Defendant’s arrest for DUI. As officers found Defendant’s actions and behavior inconsistent with his blood alcohol level, it was reasonable for officer to request that Defendant undergo blood or urine testing to determine if he was under the influence of drugs. Officer read Defendant a “Warning to Motorist” prior to requesting that he submit to a breath test. Officer was not required to provide Defendant with new warnings again, when he was asked to submit to urine or blood test less than one hour later. (HOLDRIDGE and SCHMIDT, concurring.)