Was looking at the always insightful Glen Ellyn Sun. Reviewing the police blotter, one arrest caught my eye...

Some kid was busted on Nicholl Way and charged with "2" counts of DUI.

How does one get arrested and charged with 2 counts of the same offense in a single arrest? Is this a case of "twice the legal limit"?

Don't get it....

There were likely two charges:

1. Driving under the influence; and
2. Driving under the influence of alcohol with a BAC over .08.

If the blood alcohol is upheld, the first charge will likely be dropped and the kid on Nicholl way will either plead or get convicted on the second.

More often than not, the State pleads their DUI's in this manner.

That's my understanding of it anyways...I'm not a criminal lawyer.

Drugs could have been involved too.

Does the kid belong to anyone here? If so, ask him and let us know what he says.

BTW, how do kids under 21 get charged with these offenses? Isn't the legal drinking age 21???

The .08 charge is because the kid blew into the breathalyzer. Can't charge that count without the test. Of course, he failed the field test (straight line, eye test, touch your nose, etc) which got him the first count.

Can you take the breathalyzer and pass then be asked to take the field test?

This message has been edited. Last edited by: M,

I've been told that one should never, ever, ever, blow into the little thingy if one has drank.

From here :

Many charged with a DUI offense do not know whether or not to submit to Field Sobriety Tests (FST’s) and a breathalyzer test. Most do not know that a refusal to submit to a breathalyzer test will result in an automatic six-month suspension of their driver's license.

If you are stopped for DUI

When questioned by a police officer, do not make any statements which could incriminate you. Police officers are skilled in asking questions. You are not skilled in answering an officer’s questions. Do not provide a statement which you feel is harmless, such as: “Officer, Smith, I had only one beer.” Until the officer arrests you, the officer has no obligation to advise you of your rights under Miranda, and any statement you make can be used against you. This statement informs the officer that you had consumed alcohol, and may prompt the officer to ask you to perform field sobriety tests and to submit to a breathalyzer test. This statement, also, could be used against you in Court. Only provide information concerning your name, address and any information contained on your driver’s license. Simply inform the police officer that you respectfully decline to provide any statements. Exercise your right to remain silent.

Respect the police officer’s authority, and conduct yourself in a respectful manner toward the officer. Police officers, like you, will not respond favorably to disrespect.

Politely and respectfully refuse the one leg stand and walking heel-to-toe in a straight line field sobriety tests. These tests are very difficult to satisfactorily complete whether or not you have been consuming alcohol. The officer, who will demonstrate the tests first and make the tests seem easy, has practiced these exercises many times as part of his job. Do not take the test that requires you, without moving your head, to track the officer's finger or pen from side to side with your eyes (Horizontal Gaze Nystagmus or HGN). Politely refuse to take the on-the-scene portable breath test. The results of these tests can be used against you in Court.

Politely and respectfully refuse to undergo breath or chemical testing, unless you are sure you will test less than .08. The legal limit for a DUI based on drugs is the presence of any narcotic substance. A breathalyzer result under the legal limit of .08 does not mean you will avoid a DUI charge. If you refuse breath or chemical testing, more severe license suspension penalties will be imposed. If you are under 21 years of age, a breathalyzer reading under .08 will result in a Zero Tolerance citation.

Dan, thanks for the information. The part I find curious is if you blow under .08 you could still be charged with a DUI. Why even have a benchmark of .08? I had a friend blow because he did not drink and it did not register. Then the officer said he had to take the field test. He showed the officer his arthritic knees. He said there was no way he could pass. The officer said he would let it slide if his wife drove. They agreed. But first the officer said she had to pass the breathalyzer. She blew, nothing and they left. Of course this took 30 minutes. The kicker was the reason they were stopped was because the officer was watching a restaurant. He kept tracked of how long cars were parked. They were in there for over three hours because they met friends from out of town. Catching up takes some times. The cops couldn't believe anyone would sit there for that long and not drink.

That is a very interesting post. Did this occur in GE?

profiling? The police? NEVER!

I was stopped twice on Saturday nights, returning from the city. No cause for the stop but it was the right time of night the right place and the right car with a young couple driving.

Once stopped to find there was no DUI cause, they started to lecture my attorney wife about other reasons we could have been stopped. A few quick badge number and ID questions and we were on our way home. They never say they are profiling, but that is exactly what they are doing.

quote:

Originally posted by Rob Herbold:
profiling? The police? NEVER!

I was stopped twice on Saturday nights, returning from the city. No cause for the stop but it was the right time of night the right place and the right car with a young couple driving.

Once stopped to find there was no DUI cause, they started to lecture my attorney wife about other reasons we could have been stopped. A few quick badge number and ID questions and we were on our way home. They never say they are profiling, but that is exactly what they are doing.

What do you think was the profile? Your dreadlocks? The Cubs hat?

Rob, was this the bumper sticker you had on your car at the time? Might explain a lot...

No, that incident did not occur in GE. It was up north