Chicago DUI lawyer wonders what happens when the DUI charges are dismissed

The news is filled with stories of people charged with DUI's. It is less common to find the news coverage when the DUI is dismissed. I did find one such story.

June 5, Las Vegas, NV

Metro Police investigators have recommended to District Attorney David Roger that all charges filed against Calvin Darling, whose vehicle collided with a speeding police cruiser last month, be dropped.

Roger agreed with the conclusion of the police investigation and has dropped and will not file future charges against Darling.

Darling had initially been arrested on suspicion of driving under the influence and interfering with an officer, but he was released from the Clark County Detention Center the day after the crash when two blood-alcohol tests showed he was below the legal limit for a DUI charge.

Apparently, Mr. Darling submitted to Field Sobriety Tests and failed them. His BAC was .035. The legal limit in Nevada is .08.

Calvin Darling was initially cited for DUI and failure to yield to an emergency vehicle. And after failing a field sobriety test, he was arrested for drunk driving.

However, Darling's blood alcohol level tested at .035 the morning of the crash, well below the legal limit of .08. He was released from jail one day later.

So here is a horrible fatal accident involving the death of an officer in the line of duty. The accused was kept in jail even after he submitted to breath testing and passed. Can we finally agree that the Field Sobriety Tests don't tell us anything more than what the arresting officer wants them to say? And to think AAIM wants to punish people charged with a Chicago DUI for refusing to take the Field Sobriety Tests.