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People v. Blankschein

March 10, 2003

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
DANIEL BLANKSCHEIN, DEFENDANT-APPELLANT.
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
BRITTANY S. SMITH, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County. No. 00--DT--2456 Honorable Ronald B. Mehling, Judge, Presiding. No. 01--DT--3960 Honorable Michael J. Burke, Judge, Presiding.

The opinion of the court was delivered by: Presiding Justice Hutchinson

Released for publication March 13, 2003.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
DANIEL BLANKSCHEIN, DEFENDANT-APPELLANT.
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
BRITTANY S. SMITH, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Du Page County. No. 00--DT--2456 Honorable Ronald B. Mehling, Judge, Presiding. No. 01--DT--3960 Honorable Michael J. Burke, Judge, Presiding.

The opinion of the court was delivered by: Presiding Justice Hutchinson

Publish

Defendants, Daniel Blankschein and Brittany S. Smith, appeal from the denials of their petitions to rescind the statutory summary suspensions of their driving privileges. In this consolidated appeal, defendants argue that their petitions should have been granted because they received inaccurate warnings before refusing to submit to breathalyzer tests. We affirm.

Defendants were arrested for driving under the influence of alcohol (DUI) (625 ILCS 5/11--501(a)(2) (West 2000)). The arresting officers read the defendants the "warning to motorist." Each defendant received the following warnings:

"[Y]ou are warned:

1. If you refuse or fail to complete all chemical tests requested and:

If you are a first offender, your driving privileges will be suspended for a minimum of 6 months; or

If you are not a first offender, your driving privileges will be suspended for a minimum of 3 years.

2. If you submit to a chemical test(s) disclosing an alcohol concentration of ...


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