People v. Lavariega

Defendant, Elvio Lavariega, was arrested and charged with driving under the influence of -alcohol (hereinafter DUI). 625 ILCS 5/11 — 501(a)(2) (West 1994). Immediately following his arrest, defendant refused to consent to or failed to complete a blood-alcohol test and his driver’s license was summarily suspended under the implied-consent statute. 625 ILCS 5/11 — 501.1 et seq. (West 1994). The circuit court of Winnebago County refused to rescind the suspension in a subsequent rescission hearing. Thereafter, defendant filed a motion to dismiss the DUI prosecution proceeding against him, arguing…