Driving Under the Influence of Alcohol (DUI) – License Suspension Removed

My client was traveling in Mount Prospect and using his cell phone while driving. An officer attempted to pull him over, however, he kept driving. He made an illegal left turn and continued to drive. Eventually he pulled over and refused to comply with the officers directions. My client exited the vehicle and stumbled upon the exit. He failed all field sobriety tests and was arrested for driving under the influence of alcohol. At the police station my client refused to blow into the breathalyzer. The officer indicated that he was intentionally breathing in and not out during the test. Then he was not fully putting his mouth around the mouth piece when blowing. After numerous attempts, the officer indicated that he refused the test. Because of the refusal to blow, my clients license was to be suspended for 1 year. I filed paperwork fight the suspension and it went to hearing. In the hearing, I cross-examined the officer and convinced the judge that the State of Illinois never proved that the machine was in proper working condition and that could have been the reason why it was not registering by clients breath sample when he attempted to blow numerous times. The judge removed the 1 year suspension.