welcome back folks to the DUI Channel we are in Normal Illinois we're on January 19 2020 at 2 47 a.m a normal police officer observed a vehicle rolling through a four-way stop intersection heading Southbound on Fell Ave the officer followed the vehicle and activated their emergency lights to initiate a stop the officer pulled over and approached the vehicle as his investigation begins hello how you doing hey good how are you I don't have my license on me at the moment just to be honest okay uh I I stopped it because you didn't stop at the stop sign back there okay or fell in Beaufort okay sorry about that um that's why I stopped you understand the reason why you just stopped at the stop sign and move no I shouldn't have I was just looking at my GPS quick I should probably pull over in like one like look okay you don't have any ID on you at all no I do not I can give you my name though okay yep sorry about that I should I really should have one now what are you doing tonight man I was just out at my house and um my friend said come pick me up where do you live at no it's a girl oh where she's living yeah so I was like right near there but okay yeah all right do you have insurance for the car I do somewhere it'll take a second ten years somewhere my friend right it's definitely in here somewhere um might take a second though let's see here I'll take another possible five five let's see here a long time uh that's just the registration like do you have like an insurance card I don't know if I have one on me to be honest okay DMV uh whatever you need okay sorry all right I don't know if I have an insurance proof on me to be honest okay um I would have to issue you a citation for that because you always have to have insurance understandably so I mean I I should have proof of insurance on these okay all right I don't at the moment I don't think so if you have to issue me one I totally understand all right man just give me one sec I'll be right back okay hey Grayson have you been drinking tonight man no no okay no not even just a little bit no okay because you kind of smell like alcohol the alcoholic beverage are you sure you haven't had like a couple beers I had like two way earlier though okay yeah all right would you mind if I took you down to the police department right down there you're not under arrested or anything at this point I just want to run you through some tests if possible okay um if you do refuse though I will have to put you into custody just because I mean it's you know that would be a refusal and then I couldn't have you boil so that'd be a double refusal really assume that yeah um like I said you're not under arrest this point but based on you know just breath your breath and it smells like alcoholic beverage I at least want to run you through some tests to make sure you're okay to drive all right okay I'd prefer not to if possible okay it's fine if you guys want to do what you got to do but obviously I had two way earlier so I'm really not interested in that okay all right yeah I mean I I usually would do it right outside here that's why uh taking you down to post would be the option there um it's just very cold outside and yeah yeah I know okay all right man well just give me one second here okay okay sure one second he refused he refused to do Fields he ain't got no choice you can play some more nervous yeah I told him I told him that I was like I'm actually in custody um so I assume he's gonna refuse at post too on the breath it refuse everything then we just tap up the more and go from there if you're free all right Grayson yeah hey are you sure you want to refuse to test yeah I prefer not to okay um so like I said I will have to place you under arrest for the time being then okay um so you can go ahead and step out for me yeah yeah sure all right let's go and put some money back for me foreign all right Grayson so uh I'm gonna transport you down to post okay sure um you'll be given the option to do a breath test if you refuse that actually we're going to go to the front seat here if he refuse that we'll have to get a warrant and then we'll take you down to the hospital they'll do Bonnet blood and urine test okay okay sure sure sorry I forgot about this stuff up here okay no problem all right let's just go ahead and take a seat there man go ahead step up yep foreign go to that room on the left there [Music] is anybody at post Bao certified can you use 25 with me down at the DUI room okay so you can go ahead and have a seat man sure foreign just one more time I'm going to give you the opportunity again if you want to do those tests we talked about um say now would be your time to say if you don't want to do them or not now that we're in a more controlled environment sure so I mean I'd prefer not to honestly I think I should just be able to go home but okay all right okay so um thank you is that a refusal for Fields yes okay all right uh do you have any questions about what I read to you no um just the big the big takeaways there if you refuse to provide a breath sample um that's that'll be what this machine is um you'll be suspended for a minimum of 12 months okay um and that's if you refuse to do the test there okay I understand all right yeah thank you all right don't have anything in your mouth or anything do you no okay we're all good all right I'm gonna unhand cuff you here and cuff you to the other part of this bench what hand are you right-handed okay so yeah if you want to just uh slide over right here the other one more over and we'll get this to this one here so I'm gonna need you to sign that thing I want to show you how to get you something you can write with yeah absolutely thank you [Music] thank you okay now I know man sure step up right here for me I'll explain this is the breast sample machine okay this is what's going to take your breath you can see it says purging that just means it's purging the system there's a can of sterile air in there it basically vents the system make sure it's only going to test your breath sure you have the option to refuse this I just want to make sure you're clear so you don't think we're tricking you what he read explained that yeah the refusal you get the automatic harsher penalties correct sure do you understand all that yeah yeah so even if you blow a million times legal limit the penalties are less it's more severe that's because Illinois has been applied consent State meaning by driving your consensus implied so they hit you with hardship penalties for the reviews sure also just so you're aware uh in normal if there's a double refusal situation meaning you refuse to do fields in your fuse a breath sample our policy is to go forward with getting a search so what that means is I'll take you to the hospital he will meet with an on-call State starting draft and have a David if a judge signs that that's a warrant that he would sign we bring more to you at the hospital it's a felony to then not provide blood urine I'm just explaining all that so you don't feel blindsided if you decide to refuse I want you to know what's going to occur from yeah okay yeah do you wish to provide a resting no I do nothing if you would press the r for me for refusal okay and then it wants to know yes or no why okay that works for me go ahead and take a seat I'm just gonna flip your hand back on [Music] check the box for refused and then you'll just read this portion to them now and then because you refused the suspensions for 12 months so just that top paragraph of the line you check all right Grayson I've got some more reading for you here um the suspension revocation style take effect on the 46th day of the following issuance of this notice subsequent to an arrest for violating section 11-501 of Illinois vehicle code or similar provision of a local ordinance or section 11-401 of the Illinois vehicle code you are hereby notified that on the day shown above you were asked to submit a chemical test to determine alcohol other drugs or intoxicating compounds or any combination thereof content of your breath blood urine or other bodily substance are warned about consequences pursuances section 11-501.1 of the Illinois vehicle code you have the rights to adhering to contestors suspension slash revocation you must file a petition to rescind your suspension slash revocation within 90 days of this notice because you refuse to submit to or failed to complete testing your driving privileges will be suspended for a minimum of 12 months correct yeah all right all right and then uh I'm gonna read you your Miranda Rights because I've got a few questions to ask you uh for policy just there's a bunch of random questions on here you'll see um so right you have the right to remain silent anything you say can and will be used against you in the court wall you have the right to talk to a lawyer and have them present while you're being questioned you can afford afford a lawyer one will be appointed to represent you before any questioning if you wish you can decide at any time to exercise these rights and not answer any of my questions or make any statements so essentially you can refuse to answer any of these questions I'm asking you I'm still gonna ask you them you can say you know whatever no it's whatever yeah all right so do you know what time it is now roughly 3 A.M okay sure were you operating a vehicle at the time of the stop have you been drinking all right are you under the influence of an alcoholic beverages right now it says if the prep the breath test was refused why did you refuse the suspect was taken to Broman Medical Center where a search warrant was obtained from the state's attorney and judge in the ER lobby of the hospital to obtain the suspect's blood for Chemical Testing thanks sir it's the warrant for your guy okay here's everything out like so complain and the weren't for your record okay okay all right thank you so much let me get through real quick thank you you're welcome yeah it kind of froze up a little bit it's like I don't want to do fields this copy or this is your copy it's a copy so that's actually his copy do you have a copy of this reaction it should be in that paperwork okay so what happens is what happens is when you refuse the foods for any tests okay the breath test that we offer is we go out and we get a warrant from the judge okay Mr judge koskany signed already here at 4 23 a.m my watch shows 4 26 so three minutes ago right out in the waiting room okay I'm gonna let you read through this I'll kind of explain if you have questions asked there's no trickery I'm not trying to pull a fast one on or anything like that a lot of the questions people ask right off the bat is what happens if I don't go with the program on this well right now you're looking at just a misdemeanor DUI simple as that if you don't go with the program on this you're going to be looking at felony obstruction charges felony is a lot worse than a misdemeanor does that kind of make sense yeah okay okay I understand makes sense yeah what questions you got for us no not at the moment all makes sense yep okay makes sense gonna be your copy sure keep that right there all right for sure okay we'll just wait on Hospital staff to do their thing cool we'll go from there all right thanks I'll give this to you that's yours if you have questions I'm just gonna be right out here all right thanks fellas if that's okay I don't know what to do with that paperwork do I take it so it's gonna yeah you're do you know what's happening there no I do not okay now you're gonna go with me and we're gonna take you down so um we'll get you booked in and then do you have a cell phone on here no it's in my truck okay do you know numbers of people that you need to call if need be yeah yeah because you'll be able to um bond out okay so they'll tell you how to go through that whole process they'll let you call people and um go from there okay okay cool yeah yeah 100 300 to bond out okay thank you so I take this with me or I don't yes you'll take that with you okay cool thank you yeah so go ahead and take that back with you to post head out from the field rest and then I'll trans so I should just my vehicle's in you guys hands for now right yep so it got towed okay so it got towed by Joe's Towing okay cool my phone is in there um it's in a secure locked lot okay cool truck should be locked as well okay cool with the phone you know be okay right I would think so I don't try to bring out a technology it's okay okay yep I'm gonna give him possession of it okay okay all right stay warm guys yep do you have any questions no I do not so I'm going to funny y'all you'll be going with her um okay sure behind the back yep all right I forgot sure what do you think that is different than last time I saw you same we're hearing the same thing wait a minute maybe it's a stocking cap maybe he had a beard when I had that crazy guy oh yeah oh yeah um badge number and there you go thank you okay take care thanks all right anything any other questions for me or anything all right thanks for being cooperative tonight yeah absolutely thanks to you as well following the blood draw the suspect Grayson was determined to have .106 grams per Deca liter of ethanol in his blood the legal limit to drive in the state of Illinois is .08 grams per Deca liter of ethanol he was subsequently charged with disregarding a stop sign driving Under the Influence or DUI and DUI with the blood alcohol content of 0.08 or more while the former two charges were dismissed the final charge was withheld following supervision after the defendant pled guilty on October 19 2020. following a successful 24 months of supervision the DUI charge was formally dismissed by the corps on October 19 2022 the defendant was ordered to pay 2068.50 this amount has been paid in full including supervision Grayson was also ordered to participate in an alcohol program