A 44-year-old man is currently in custody following his arrest for suspected DUI. Illinois police in Decatur arrested the man, who is now being charged with aggravated drunk driving. He is currently being held in lieu of $15,000 bond; if he manages to post bail, he will be ordered by the court not to consume any alcohol as a condition of his release pending further court proceedings.
According to reports from police in Macon County, the man allegedly pulled up to a hospital emergency room around 3:15 p.m. the afternoon of Feb. 3. Witnesses say the man stumbled out of the vehicle and into the waiting room, claiming he had come to pick someone up. Officers were called to the scene to investigate the alleged disturbance.
An officer said he could smell alcohol on the man's breath, and that he appeared intoxicated due to watery and bloodshot eyes. This was apparently enough for police to administer field sobriety tests, and a breath test as well. Police say this sample showed the man's blood alcohol level to be .289, over three times the legal limit in Illinois. He was also apparently found to be driving with a suspended license.
The man faces felony drunk driving charges, which could lead to the permanent revocation of his driver's license, as well as jail time, if he is found guilty. However, Illinois prosecutors will have to prove the allegations in court and beyond a reasonable doubt. Breath tests are inconsistent, and his defense team likely focus on holding the prosecution to its substantial burden of proof. In the alternative, efforts could be made to strike a plea agreement in appropriate circumstances.
Source: herald-review, "Police: DUI driver arrested at Decatur Memorial Hospital", Tony Reid, Feb. 5, 2018