People v. Gustafson

Defendant, Michael Gustafson, appeals from his conviction of operating a motor vehicle with a breath-alcohol concentration in excess of .10 in violation of section 11 — 501(a)(1) of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1987, ch. 95V2, par. 11 — 501(a)(1)). Defendant raises three issues on appeal. Defendant first argues that his second trial and ultimate conviction were barred by the double jeopardy clauses contained in both the United States and Illinois Constitutions (U.S. Const., amend. V; Ill. Const. 1970, art. I, §10). Defendant also argues that sections 11 — 501.2(a)(5) and…