§ 4.17 Warning to Motorists

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 4.17 Warning to Motorists

People v. Doyle, 159 Ill. App. 3d 689, 512 N.E.2d 798, 111 Ill. Dec. 409 (4th Dist. 1987). A motorist was given warnings and she took a breath test which revealed a blood alcohol level in excess of .10. Her license was summarily suspended for 12 months. Defendant claimed the warnings were inadequate because they did not correctly define the term "first offender." Defendant's suspension was upheld by the trial court and affirmed.

People v. Perillo, 161 Ill. App. 3d 314, 514 N.E.2d 549, 112 Ill. Dec. 886 (4th Dist. 1987). Defendant claimed the warnings pursuant to the implied consent statute did not properly distinguish between first and second offenders. Since defendant was a first-time offender, he had no standing to challenge the accuracy of the "warning to motorists."

People v. Znaniecki, 184 Ill. App. 3d 389, 537 N.E.2d 16, 130 Ill. Dec. 195 (3d Dist. 1989). In order to properly warn a defendant who is arrested for DUI he must be completely informed, meaning he must be warned of the consequences of his refusal as well as the consequences if his test result discloses a BAC of .10 or more.

In re Driver's License of Lester Rakers, 187 Ill. App. 3d 27, 542 N.E.2d 1311, 134 Ill. Dec. 804...