A Lake Villa man was arrested for allegedly driving intoxicated for his second time while he had four children in his car and was speeding in Crystal Lake in the middle of the night.
Albert Zarco-Cervantes, 38, of Lake Villa, was charged with aggravated driving under the influence second offense with a child passenger, driving under the influence of alcohol, four counts of child endangerment and speeding.
Criminal complaints filed in McHenry County Circuit Court said that Zarco-Cervantes was stopped by the Crystal Lake Police Department around 1 a.m. on May 24.
The stop on the gray 2011 Chevrolet occurred near Route 31 and Crystal Lake Avenue in Crystal Lake.
An officer clocked Zarco-Cervantes’ vehicle on radar traveling at 56 mph in a 40 mph zone, a citation said.
Court documents said Zarco-Cervantes had the odor of an alcoholic beverage coming from his breath.
He also allegedly had glassy eyes and showed signs of impairment during field sobriety tests.
Zarco-Cervantes refused to complete chemical testing, resulting in his driving privileges being suspended for a minimum of 12 months, court documents show.
He has since filed a petition to rescind the statutory summary suspension, arguing that he did not refuse the chemical testing and that he was not properly placed under arrest for DUI.
A criminal complaint said Zarco-Cervantes had four children under the age of 18 in his vehicle and that he has a prior violation for driving under the influence.
The prior driving under the influence arrest was in March 2023 in McHenry and he also had a child in the car during that stop, court records show.
Zarco-Cervantes was arrested and transported to the Crystal Lake Police Department following his latest arrest.
He was released on pre-trial conditions from the station and is scheduled to appear in court on July 23 for a preliminary hearing.