The Crash on the Curve
At 22:52, a 2007 pickup leaves the road on a curve of a two-lane state route, strikes a utility pole, and comes to rest against a guardrail. The first officer arrives at 23:01 and finds the driver, 34, standing beside the truck with a 3-inch cut on his forehead, slurred speech, bloodshot eyes, and an odor of an alcoholic beverage. His passenger, 16, is still in the seat with an obviously deformed thigh and is screaming. The pole is leaning and the power company is 20 minutes out. The road is dark, the limit is 55, and there is no shoulder on the curve. The driver says, "I had two beers at 9:30, I'm fine," and refuses an ambulance. A portable breath test at 23:14 reads .11; the driver then refuses the evidentiary breath test. The passenger's father arrives and demands the driver be arrested immediately. A witness says another car "almost hit them" earlier.
1. What decisions must the first officer make in the first 10 minutes, and in what order?
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Order is set by the hazards, not by the DUI.
- Scene safety. Park the squad upstream with emergency lights on, set cones and flares, and slow traffic. Scott's Law requires approaching drivers to slow down and move over; the officer must not stand in the travel lane. The leaning pole and possible downed lines are a separate hazard - keep everyone out of the fall zone, call the utility, and do not touch the truck if lines are down.
- EMS for the passenger. A deformed femur with screaming means blood loss and shock risk. Request ALS, control bleeding, keep her still, and do not move her unless the truck catches fire.
- The driver's medical needs. A forehead laceration and possible concussion need EMS evaluation. Do not let the DUI investigation delay medical care, and do not accept his refusal of transport without a documented capacity assessment.
- Then the investigation. A PBT is probable-cause information only and is not admissible at trial in Illinois; document the odor, speech, eyes, and admissions. Field sobriety tests on a dark curve with a head injury and passing traffic prove little and add risk; the hospital blood draw will do more work.
2. The driver refuses the evidentiary breath test. What are the officer's lawful options, and what are the consequences of refusal?
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Implied consent and refusal. Under 625 ILCS 5/11-501.1, a driver arrested for DUI is deemed to have consented to testing, and the officer must read the Warning to Motorist. Refusal triggers a summary suspension of driving privileges - 12 months for a first refusal - and the refusal can be used against him at trial.
But refusal does not end the investigation. Under Birchfield v. North Dakota, 579 U.S. 438 (2016), the State may not impose criminal penalties for refusing a blood test, and a warrantless blood draw requires consent or exigency. The correct move is a search warrant for a blood draw: it is quick, it preserves the evidence, and it captures alcohol and drugs, which a breath test cannot.
Do not: order a forcible blood draw without a warrant, tell him he has no choice, or imply that refusal is itself a crime. Read the warning accurately and document the time of arrest, the warning, the refusal, and the warrant application.
Also document the 20-minute observation period required before any breath test, and note that the PBT result is not the evidentiary test.
3. What must the officer document, and how do the utility pole and the passenger's injury affect the investigation and reporting?
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Document:
- The full Illinois crash report - injury plus pole and vehicle damage put this well over the reporting threshold, so a complete officer crash report is required.
- Photographs and video before anything moves: pole damage, guardrail, tire marks, debris, the curve, sight distance, and lighting.
- Measurements and a scale diagram for reconstruction; the curve and the 55 mph limit are relevant to speed.
- Witness statements, including the "almost hit them" comment - that is a lead for a second vehicle and possibly a separate reckless-driving or hit-and-run report.
- DUI documentation: observations, PBT (probable cause only), Warning to Motorist, refusal, warrant, blood draw time, and chain of custody.
- Injury evidence: the passenger's femur and the driver's laceration, with medical records obtained by consent, subpoena, or warrant.
Effect on the case: great bodily harm to the passenger elevates this to aggravated DUI, a felony. The State's Attorney will need the injury records, the blood result, and an unbroken chain of custody. The pole adds restitution and a utility notification. Interview the driver only after medical clearance, and record it.