In an unusual case, two drivers involved in a two-car accident have been arrested under suspicion of driving under the influence of alcohol, according to local authorities. Illinois police are still investigating the accident that ended with several people being remanded to medical attention and both drivers involved being charged with drunk driving. No court dates have yet been set.
Investigators say the accident took place around midnight on August 3 near Loomis. Police report that a vehicle being driven by a 21-year-old woman was stalled in the middle of the roadway when it was struck from behind by another vehicle being driven by a 24-year-old man. A total of four passengers were in both cars, several of whom sustained injuries in the accident. One passenger in the 21-year-old’s car was critically injured and remains in serious condition.
Police arrested both drivers on the scene for suspected drunk driving. It is unknown whether roadside sobriety tests were conducted at the time, nor was it made clear how police came to the conclusion the drivers may have been drunk. Police are also still unsure why the vehicle was stalled in the center of the road to begin with. The investigation is ongoing, but both drivers will face court dates to face their charges.
It can be notoriously difficult for prosecutors to prove drunk driving charges accurate if certain steps in the arrest process were not taken. For example, if a Breathalyzer or equivalent test was not conducted by Illinois police at the time of the arrest, the argument could be made that neither driver was over the legal limit at the time of the accident. Defense may benefit from reviewing the arrest record to find out more about the steps that were or were not taken.
Source: CBS Chicago, “Two Drivers Charged With DUI In I-55 Crash,” Aug. 3, 2013