People v. Shaffer

PRESIDING JUSTICE SLATER

delivered the opinion of the court:

On July 15, 1993, the defendant, Ronald J. Shaffer, was charged with driving under the influence of alcohol (DUI). (625 ILCS 5/11—501(a)(2) (West 1992).) His driver’s license was summarily suspended after he allegedly refused to submit to a breathalyzer test. (625 ILCS 5/11—501.1 (West 1992).) Subsequently, he filed a petition to rescind his statutory summary suspension, which the trial court granted. On appeal, the State contends that the trial court erred in finding that the defendant’s conduct did not constitute a refusal to take…