Our Client, Pablo, was stopped by the Illinois State Police for improper lane usage. He performed field sobriety tests and submitted to a preliminary breath test which resulted in a reading of .129. Pablo was ultimately arrested for Driving Under the Influence of Alcohol. At the police station, Pablo submitted to a breathalyzer and his blood alcohol concentration was .103.
We filed a motion to quash the arrest and suppress evidence. At the end of the hearing, we argued that the trooper did not present Pablo with a choice to take or refuse the portable breath test which was contrary to both Illinois statute and case law. Further, we argued that without the preliminary breath test, the officer did not have probable cause to arrest Pablo.
The judge determined that the results of the preliminary breath test should be suppressed. Moreover, the judge agreed that without the preliminary breath test, the trooper lacked enough evidence to arrest Pablo. The judge granted the motion to quash and the State dismissed the DUI.