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People v. Tibbetts8/17/2004
The defendant, Stephen Tibbetts, was charged with driving a vehicle while under the influence of alcohol (DUI) pursuant to section 11-501(d)(1) of the Illinois Vehicle Code (625 ILCS 5/11-501(d)(1) (West 2000)) and with the unlawful possession of drug paraphernalia and cannabis (720 ILCS 600/3.5 (West 2000); 720 ILCS 550/4(a) (West 2000)). As a third-time DUI offender, Tibbetts' driver's license was suspended in accordance with section 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501.1 (West 2000)) for a minimum of three years. In his amended petition to rescind the statutory summary suspension of his driver's license, Tibbetts claims that his arrest was improper, that the officer had no reasonable grounds to believe he was driving under the influence, and that he was not given proper warnings. He further claims that he did not refuse to submit to chemical testing because he agreed to a breathalyzer test and was physically and medically unable to submit to a blood test. After two hearings, Tibbetts rested his case and the State moved for a judgment under section 2-1110 of the Code of Civil Procedure (735 ILCS 5/2-1110 (West 2002)). The trial court found that Tibbetts had failed to establish a prima facie case, and the court dismissed his amended petition. Tibbetts appeals.
I. BACKGROUND
Tibbetts and the arresting officer, Deputy Keeling, testified in Tibbetts' case in chief at the hearings before the trial court. A videotape of the booking process was viewed by all the parties at the beginning *924 of the first hearing. This video was not made a part of the record on appeal, and testimony at the hearings regarding the content of the video is confusing at best. The following relevant evidence was adduced. On the day of his arrest, Tibbetts, a carpenter, was driving from Crossville to Lawrenceville and needed to use the restroom. He pulled off the road and relieved himself. He backed his van into a ditch as he attempted to turn around. Tibbetts admitted that he had consumed three beers during the day. A cold open can of beer was found in the van when Deputy Keeling arrived, as was cannabis and cannabis paraphernalia. A number of empty cans were found on the floor of the van. Keeling smelled alcohol on Tibbetts' breath and observed that his speech was slurred and his eyes were bloodshot. He administered field sobriety tests consisting of the one-leg stand and the eye nystagmus test followed by a portable breathalyzer test (PBT).
Keeling testified that it was obvious to him from the beginning of their encounter that Tibbetts had been drinking. Tibbetts also did not do well on the field sobriety tests. The results of the PBT indicated that Tibbetts' blood-alcohol level exceeded .08. Keeling testified that they did not discuss types of testing at the scene and that he did not tell Tibbetts on the drive to **412 ***9 the jail that he would administer a breathalyzer test upon their arrival. Keeling testified that deputies are given the discretion to administer whatever test they choose but that it is his personal policy to ask for a blood test if he finds drugs in the vehicle and to ask for a breathalyzer test if only alcohol use is suspected. Keeling decided to ask for a blood test when he found cannabis in Tibbetts' van. According to Keeling, Tibbetts never told him that he was afraid of blood tests. Keeling administered warnings to Tibbetts and informed him of his Miranda rights (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)), but he testified that he did not tell Tibbetts that he could consult with an attorney regarding the blood test.
Tibbetts testified that Keeling told him in the patrol car en route to the jail that he would give him a breathalyzer test at the jail and did offer him a breathal
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