Case Results

Cook County DUI Whodunit? 0.13 breath result

DUI with a CDL is bad news from Bartlett, Illinois

CDL drivers have it tough. Even while not driving a commercial vehicle, if arrested for DUI in Illinois, CDL drivers face cancellation of their CDL if an Illinois Statutory Summary Suspension takes effect, or if the motorist is found guilty of DUI. So this Defendant needed a home run.

That's what he got.

Despite a breath result of 0.13, Fagan, Fagan & Davis obtained a rescission of our client's suspension. Additionally, following a successful motion to suppress all evidence and quash the arrest, ALL charges pending against our client were dismissed. The Court ruled that the officer had no basis to stop our client at all, and so the DUI couldn't stand.

Chicago Roadblock DUI with 0.145 breath test

DWB from Chicago, Illinois

DWB shouldn't have been driving. His license was suspended for an emissions violation. Other than that, he was minding his own business, bothering absolutely no one. The Chicago Police set up a DUI Roadblock (no matter what pretty names they make up for it, let's face it - it's a DUI roadblock), and DWB's number came up.

After a very brief conversation with Officer Friendly, DWB was hauled out of his car, put through the humiliation of field sobriety testing, arrested, and then shoved into a trailer with five other lucky motorists to take a breath test. His breath test came back at a 0.145.

Unfortunately for the Chicago Police Department, they didn't play by the rules. They didn't follow procedures, and that resulted in a rescission of DWB's suspension. After we challenged the validity of the roadblock, the State was unable to demonstrate to the Judge why the roadblock didn't violate the Constitution. All charges were dismissed.

Incidentally, once we were done, DWB asked us what he owed (he had paid the originally quoted fee over a year earlier and assumed that we would increase our fee because of all the time and work put into his case). He was most grateful to find out that we don't increase our fees just because a case gets tough.

Dismissed! DUI with 0.196 breath test (and no suspension either).

Attorney at Law from Rolling Meadows, Illinois

What happens when an attorney is arrested by the Illinois State Police for DUI? The same thing that happens to you. After a portable breath test showing a 0.16 on the street and performing field sobriety tests, the officer decided he just had to make the arrest. The client then took a breath test at the police station and blew a 0.19. The details are important in a DUI arrest, and the officer failed to pay attention to those details. We did, and our client benefited. The case was dismissed before trial, and our client was spared personal and professional embarrassment.

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