Police: Man 'tipped over' motorcycle, faces 5th DUI charge

Harold E. Dare faces a minimum four-year prison term if convicted of his fifth DUI.

A 59-year-old Elgin man faces prison after being charged with his fifth DUI offense after a grand jury indictment.

Harold E. Dare, of the 600 block of Grand Avenue, appeared in Kane County court briefly last week on the felony charge that carries a maximum 15-year prison term.

Dare was initially arrested and charged with misdemeanor DUI after police were called shortly after 8 a.m. June 7 to Preston Avenue, near Summit Street, on the city's near east side, according to court records.

Dare was operating his 2005 Harley Davidson motorcycle when he "tipped it over," according to the arresting officer's sworn report. It was called in as a crash and the officer noticed Dare having slurred speech, unsteady balance and blood shot eyes, according to the report.

Dare admitted to having two beers and taking Tramadol, a prescription pain killer, according to the report. He failed field sobriety tests and refused a chemical test, triggering a one-year suspension of his license, records show.

Kane County State's Attorney Joe McMahon has made it a practice to review previous driving records for people arrested on charges of DUI, often upgrading charges based on a person's previous convictions, which are not always available to the officer at the scene.

A Kane County grand jury indicted Dare in August, court records show.

If convicted of his fifth DUI, he faces a minimum four-year prison term with no chance of probation. The top sentence for a person convicted of a fifth DUI is 15 years in prison.

According to Kane County court records, Dare was arrested and charged with DUI in October 1989 in Elgin. No DUI offenses were found in court records in DeKalb, DuPage, McHenry or Kendall counties

Dare is free after posting bond from his initial arrest in early June. He is next due in court Nov. 14.

A message left with his attorney, Dean Kekos, was not immediately returned.