People v. Foley

Defendant, Patrick Foley, appeals a jury verdict which found him not guilty of driving with blood-alcohol concentration in excess of .10% (Ill. Rev. Stat. 1985, ch. 95½, par. 11 — 501(a)(1)), but guilty of driving under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95½, par. 11 — 501(a)(2)). Defendant claims the verdicts are inconsistent and were the result of confusion on the part of the jury.

Defendant was arrested April 8, 1984, by a Downers Grove police officer. He was taken to the police station where he voluntarily submitted to a breathalyzer examination. Subsequently, an officer…