Arrested for DUI with blood alcohol content 0.33 - All charges dismissed without a trial.

 

Attorney Lewis Gainor defended a client whose blood alcohol level was 0.33 when he was pulled over and arrested for driving under the influence, and was able to have all Illinois DUI charges dismissed. It was July 24, 2004, at 10:46 a.m., when the Fox Lake Police Department pulled him over. A concerned citizen had dialed 911 to report him as a drunk driver. The police officer asked him to step out of the vehicle and perform field sobriety tests. He agreed.

 

The man failed the field sobriety tests, and admitted to the police officer that he had been drinking all night and was intoxicated. Later, when the police took him into custody, they requested that he take a breath test, and he agreed. He blew a 0.33 - four times the legal blood alcohol content limit under Illinois law.

 

The Lake County State's Attorney prosecuted the man and sought a lengthy jail sentence. Lewis Gainor filed a motion before the trial on grounds that the police had violated his client's constitutional rights during the arrest.

 

Unable to proceed with the case, the State of Illinois filed a motion dismissing the charges (called "nolle prosequi").