People v. Oliver

              1
NOTICE
Decision filed 02/09/09. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-07-0708
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Johnson County.
)
v. ) No. 04-DT-41
)
WILLIAM E. OLIVER, ) Honorable
) Rodney A. Clutts,
Defendant-Appellant. ) Judge, presiding.
________________________________________________________________________
PRESIDING JUSTICE WEXSTTEN delivered the opinion of the court:
After submitting to a breath test that revealed he had a breath-alcohol concentration
(BAC) of .140, the defendant, William E. Oliver, was convicted in the circuit court of
Johnson County of driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1)
(West 2004)). On appeal from his conviction, the defendant argues that the circuit court
erred in denying his motion in limine to suppress the results of his breath test on the ground
that the State had failed to comply with section 1286.70 of Title 20 of the Illinois
Administrative Code (section 1286.70) (20 Ill. Adm. Code §1286.70 amended at 28 Ill. Reg.
10017 (eff. June 30, 2004)). For the reasons that follow, we affirm.
BACKGROUND
Following an August 2004 traffic stop, the defendant was arrested and cited for DUI
by Trooper Aaron Hoffman of the Illinois State Police. The defendant was subsequently
transported to the Johnson County sheriff's department, where he submitted to a breath test
that revealed he had a BAC of .140. The test was administered using the sheriff's
department's Intoximeter EC/IR breath-alcohol analyzer, an instrument approved for that use