Woman Released from DUI Despite Testing 0.295 on Breathalyzer - The Chicago DUI Law Blog

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Woman Released from DUI Despite Testing 0.295 on Breathalyzer

In a weird non-DUI, a 36-year-old Chicago woman was involved in a minor car accident, was visibly drunk, had an open bottle of tequila, and tested for almost four times the legal limit of alcohol. Yet police let her go without a drunk driving charge.

The would-be suburban Bridgeview DUI started when the unidentified woman was involved in a car crash at 79th Street and Harlem Avenue, reports CBS. The first police officer who responded to the scene allegedly smelled alcohol on the woman's breath and had the woman undergo a series of field sobriety tests. She failed them.

The officer also discovered an open bottle of Patron tequila in the woman's car that was nearly empty, reports CBS. As expected, the woman was arrested on suspicion of drunk driving, but declined to take a Breathalyzer.

Things then got weird.

Apparently, another set of police officers had responded to the initial accident and were listed on the police report. When the new pair of officers arrived at the scene to close the case, a sergeant reportedly told the other officer to take the first two cops off the report as he did not want them to be eligible for overtime pay.

This led to an argument between the cops that somehow led to the sergeant ordering that the woman be uncuffed and let go, reports CBS.

To make matters even stranger, the sergeant then asked the woman to take a Breathalyzer test anyway, but promised she would not face any legal liability. The woman agreed to do so and tested for a 0.295 blood alcohol content. True to his word, the sergeant then released the woman without a DUI charge.

As the woman was told she would not face any penalties prior to agreeing to the Breathalyzer, police probably would violate her civil rights if it were to now charge her with a DUI after a promise not to.

In a strange Bridgeview DUI, a woman seemed to meet all the requirements for drunk driving, but escaped any DUI charges apparently thanks to an overtime spat between two cops.

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