Thursday, February 23, 2012

Man bites dog: Woman with 0.295 breath test NOT charged with DUI in Illinois!

In a bizarre twist, according to the Chicago Sun-Times, a driver in an accident in Cook county, right around the corner from Chicago, Illinois, allegedly was found with a spent bottle of Patron, failed field sobriety tests, and then submitted to a breath test that showed a 0.295 breath alcohol level. For those who may have been living on Mars, that's a lot.

And then she was not charged with DUI.

The officer reportedly told the driver she was "getting a break." I have to agree - an Illinois DUI arrest means big trouble, including a minimum six month license suspension, criminal charges that carry penalties up to 364 days in jail and $2500 in fines plus court costs. As I've said here before, according to the Illinois Secretary of State, dealing with a DUI in Illinois costs around $15,000.00 when all is said and done. The Illinois Department of Transportation puts that number more at about $19,000.00.

So yes, while there may indeed be missing facts we don't have (maybe the officer saw the driver chugging the bottle of Patron while standing outside her car after the accident, or maybe she's in the Federal witness protection program?), it's fair to suggest this qualifies as "getting a break".

Most people aren't so lucky, and if you or your loved one is not "getting a break" on a DUI, criminal or traffic matter, don't hesitate to call and speak with me or one of my partners at Fagan, Fagan & Davis by calling 847-635-8200 now for a free consultation.