Chicago Roadblock DUI with 0.145 breath test

DWB from Chicago, Illinois

DWB should not have been driving. His license was suspended for an emissions violation. Other than that, he was minding his own business, bothering absolutely no one. The Chicago Police set up a DUI Roadblock (no matter what pretty names they make up for it, let's face it - it's a DUI roadblock), and DWB's number came up.

After a very brief conversation with Officer Friendly, DWB was hauled out of his car, put through the humiliation of field sobriety testing, arrested and then shoved into a trailer with five other lucky motorists to take a breath test. His breath test came back at a 0.145.

Unfortunately for the Chicago Police Department, they did not play by the rules. They did not follow procedures, and that resulted in a rescission of DWB's suspension. After we challenged the validity of the roadblock, the State was unable to demonstrate to the Judge why the roadblock did not violate the Constitution. All charges were dismissed.

Incidentally, once we were done, DWB asked us what he owed (he had paid the originally quoted fee over a year earlier and assumed that we would increase our fee because of all the time and work put into his case). He was most grateful to find out that we do not increase our fees just because a case gets tough.