DUI 3d Dist

DUI 3d Dist. People v. Farris, 2012 IL App (3d) 100199 (April 10, 2012) Kankakee Co. (HOLDRIDGE) Affirmed. State appealed order granting DUI Defendant's petition to rescind statutory summary suspension (SSS) and granting Defendant's motion to suppress evidence from blood alcohol test using blood forcibly drawn from Defendant by hospital personnel at instruction of police officer. Law enforcement has no statutory right to use force to extract blood sample if Defendant refused to cooperate. Defendant's refusal to comply with request for sample is sufficient to justify SSS, for purpose of protecting public from intoxicated drivers, and thus forced sample collection serves no legitimate law enforcement purpose. Court properly denied State's motion to amend officer's sworn report, as proposed amendment would have prejudiced Defendant and likely introduced element of surprise. (O'BRIEN, concurring; WRIGHT, concurring in part and dissenting in part.)