Defendant, who was arrested for DUI/drugs, refused to submit to chemical testing, and his license was summarily suspended. Court granted his petition to rescind suspension which challenged reasonableness of officer's belief that he was under the influence of drugs.Totality of circumstances supports officer's conclusion that Defendant had been driving under influence of drugs. He was semiconscious, showed signs of recent intravenous injection, possessed a used syringe, and the only injectable substance present was an opiate. Expert testimony is not required in every case for an officer to testify to his or her opinion that a motorist was under influence of drugs based on inference from totality of circumstances. (KARMEIER, THOMAS, KILBRIDE, BURKE, THEIS, and NEVILLE, concurring.)
Illinois Supreme Court
Criminal Court
Statutory Summary Suspension