Illinois Appellate Court
Criminal Court
DUI
Defendant was charged with DUI, and filed petition to rescind statutory summary suspension (SSS). Court erred in rescinding SSS. Defendant refused to consent to police request for alcohol testing, and then he was told he would be taken to hospital to undergo involuntary blood and urine draws. Although hospital testing was done at behest of police, it was hospital staff who asked Defendant to sign a hospital consent form to perform draws, and Defendant did so. Signing hospital consent form at request of hospital staff is not tantamount to police giving Defendant a "second chance" to consent to testing. (WRIGHT, concurring; SCHMIDT, specially concurring.)