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A former Illinois man has been charged with his 11th DUI

Posted by Steven H. Fagan | May 22, 2014 | 0 Comments

Here's something you don't see every day. A former resident of the state of Illinois, who has 10 previous convictions for driving under the influence (DUI), has been charged with yet another DUI, this time in Fairbanks, Alaska.

The attorneys at Fagan, Fagan & Davis focus on criminal defense in the state of Illinois, including driving under the influence (DUI) at courthouses in Cook County, Lake County and DuPage County.

The first time Theodore Duane Born, 58, was convicted on a charge of DUI in the state of Illinois was in 1974. He also has a lifetime revocation of his driver's license, according to a criminal complaint filed against him.

This new DUI charge is the result of a report from by a member of a construction crew that complained that the accused had arrived at the old Castle Restaurant demolition site and has started yelling at the work crew. The crew member told Alaska State Troopers that Born had arrived at the demolition site in a blue Ford Ranger.

When he was questioned by troopers, Born denied that he had arrived at the demolition site in the truck and that he had no idea who the owner was. According to a report by the troopers, Born smelled strongly of alcohol and experienced difficulty standing. The accused also refused to submit to a test to measure the level of his blood alcohol concentration (BAC).

The truck that he allegedly arrived in was registered to a woman in Anchorage. A search indicated that it contained an open bottle of whiskey and half-eaten chicken. A member of the construction crew member said Born had been eating the chicken, troopers said.

Under Alaska law, a third DUI conviction within a 10-year period means that the DUI charge will be prosecuted as a felony offense. Obviously, it's somewhat unusual for a person to have as many as 10 previous DUI convictions.

Court records indicated that most of Born's previous DUI convictions are from cases in the Fairbanks area. His most recent conviction took place in 2006 when he was sentenced to serve three years in jail. He served additional time for that charge due to three subsequent probation revocations.

In the most recent case Born is charged with DUI, refusal to take a breath or blood alcohol test and fourth-degree felony drugs misconduct. The final charge is due to allegedly having two Oxycodone prescription pain pills in his possession when he arrived at Fairbanks Correctional Center. At this point, he's being held without bail.

About the Author

Steven H. Fagan

Steve Fagan earned his law degree from Chicago-Kent College of Law, is a member of the NCDD, NACDL, ISBA and a founding member of the DUIDLA. He is published and has taught CLE for lawyers on subjects such as sex offenses, DUI and criminal defense, focuses on trial work and Real Estate closings


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