The opinion of the court was delivered by: Justice Nickels
Defendant was charged with two driving under the influence (DUI) offenses, one a misdemeanor and the other a felony, in separate prosecutions based on the same incident. The misdemeanor charge was dismissed on speedy-trial grounds. In this appeal, we determine what effect, if any, this dismissal has on the subsequent prosecution of the remaining, felony DUI charge. The circuit court of Winnebago County ruled that the State could proceed on the felony charge, and the appellate court affirmed (No. 2-95-1643 (unpublished order under Supreme Court Rule 23)). We allowed defendant's petition for leave to appeal (166 Ill. 2d R. 315).
The underlying factual allegations are relatively simple. On August 27, 1994, defendant was involved in a multiple-vehicle collision while driving his car on Route 251 in or near the Village of Machesney Park. An individual in one of the other vehicles was injured as a result of the collision, suffering a broken ankle. A deputy sheriff of Winnebago County responded to the scene and asked defendant to perform field sobriety tests and a breathalyzer test. Defendant failed the field sobriety tests. The breathalyzer test revealed that defendant's blood- alcohol content (BAC) was 0.14.
Although the underlying allegations are straightforward, the circuit court proceedings are somewhat convoluted. Defendant was initially charged with two ordinance violations of DUI. Defendant filed a speedy- trial demand in connection with both of these ordinance violations.
Nearly three months later, on November 23, 1994, a grand jury indicted defendant for aggravated DUI under section 11-501(d)(3) of the Illinois Vehicle Code. This statute provides:
"(d) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol or drugs or a combination of both which shall be a Class 4 felony if:
(3) such person in committing a violation of paragraph (a) was involved in a motor vehicle accident which resulted in great bodily harm or permanent disability or disfigurement to another, when such violation was the proximate cause of such injuries." (Emphasis added.) 625 ILCS 5/11-501(d)(3) (West 1992).
Section 11-501(d)(3) requires, as a predicate for aggravated DUI, a violation of paragraph (a). Section 11-501(a) provides, in pertinent part:
"(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
1. the alcohol concentration in such person's blood or breath is 0.10 or more based on the definition of blood and breath units in Section 11-501.2;
2. under the influence of alcohol ***." 625 ILCS 5/11-501(a) (West 1992).
The indictment alleged aggravated DUI based on the violation of section 11-501(a)(2). The felony charge was docketed as case 94-CF-2699.
On December 15, 1994, the ordinance charges against defendant were dismissed. On that date, the State filed an information against defendant charging him with a misdemeanor violation of section 11-501(a)(1), driving while having a BAC of 0.10 or more. *fn1 The misdemeanor charge was docketed as case 94-TR-39335.
The record states that the misdemeanor "file [was] to be set with [the] felony charge." The misdemeanor and felony DUI charges were consolidated or intended to be consolidated. On January 6, 1995, however, the circuit court dismissed the felony charge of aggravated DUI. The reason for this dismissal is unclear from the record. Thus, only the misdemeanor DUI charge remained pending against defendant.
On January 18, 1995, defendant filed a speedy-trial demand in the felony DUI case, which had been dismissed. On February 1, 1995, defendant was reindicted on the same charge of aggravated DUI. The reindicted felony charge was docketed as case 95-CF-250. Thus, defendant was ...