Former Bear Avellini beats Wheaton DUI

Former Chicago Bears quarterback Bob Avellini was acquitted Wednesday of drunken driving in Wheaton.

A DuPage County judge tossed out the Roselle man's June 15, 2007 arrest - his fourth since 2002.

Avellini, 55, refused to submit to field sobriety and breath tests during the traffic stop on Main Street near Liberty Avenue, in the city's downtown.

So, the only other evidence the judge had to consider was the testimony of a former Wheaton police officer who flew in from Florida, where he now works, for the trial. The officer said he stopped Avellini's black 2007 Acura RDX after midnight for erratic driving. He said Avellini smelled of alcohol and had red, bloodshot eyes, droopy eyelids, slurred speech and poor balance.

DuPage Associate Judge Robert Kleeman said the officer had enough probable cause to make an arrest, but his observations were not proof beyond a reasonable doubt - the higher standard required for conviction.

Avellini was convicted of DUI the first time for an arrest on I-55 near Burr Ridge when he had a .16-blood-alcohol level, twice the legal threshold of .08. At the time, a court evaluator determined him to be a "moderate risk" to re-offend.

His next two arrests, in Wood Dale and Downers Grove, were dropped for lack of evidence after Avellini refused tests.

Avellini spent 10 seasons in the NFL, the majority with the Bears from 1975 to 1984. The native New Yorker finished his career with the New York Jets, retiring in 1984 with a 23-27 record as a starter.