People v. Lopeman

Defendant, Mitchell S. Lopeman, was arrested for driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(a)(2) (West 1994)) on March 9, 1995. The deputy sheriff asked defendant to submit to a breath test to determine the level of alcohol in his body; defendant refused to consent. Due to his refusal, defendant was served with a notice of statutory summary suspension of his driver’s license. See 625 ILCS 5/11 — 501.1 (West 1994). The arresting officer filed a report indicating that he had found defendant’s car in a ditch and that defendant had refused to submit to the breath test. The…