People v. Brantley

These three cases, consolidated on appeal, present the same issue: Must a police officer issue a ticket for driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1991, ch. 95½, par. 11 — 501) before he asks a driver to take a breath test? Defendants Thomas Brantley, Andrew Kowalczyk, and Holly Hunt were each arrested and charged with DUI. The trial court in each case rescinded the defendant’s suspension of his or her driving privileges because the officer did not issue a DUI citation before the breath test was administered or refused. We reverse and remand.

The relevant facts of each…