People v. Kiss

This case involves a State appeal following an implied consent hearing in which the trial court refused to suspend the defendant’s driver’s license for failure to submit to a breath test as requested. The basis of the trial court’s ruling was that since the applicable statute (Ill. Rev. Stat. 1981, ch. 95½, par. 11 — 501) permits the chemical analysis of both blood and urine, in addition to breath analysis, to determine a person’s blood-alcohol content, a motorist arrested for driving while under the influence of alcohol must be allowed the opportunity to refuse each of these three types of…