Can the Police Take Your Blood When You are Suspected of DUI?

 Posted on August 30, 2016 in DUI/DWI

When you are suspected of driving while under the influence, law enforcement may request that you submit to blood alcohol concentration testing. While this testing often takes the form of a breathalyzer test, where a breath sample is analyzed for its alcohol content, sometimes blood testing is requested to determine a suspected drunk driver’s blood alcohol concentration. Blood samples are taken in one of two ways, either as part of a DUI kit that is completed at a hospital or as part of an emergency blood draw.

• DUI Kit Blood Samples. When blood is taken as part of a DUI kit, the arresting police officer must request the blood test and the driver must consent to the blood draw. The test must be done at a hospital by a qualified medical professional (i.e., a registered nurse, licensed physician, certified paramedic or trained phlebotomist). Urine samples are often also collected when a driver completes a DUI kit.
• Emergency Blood Draws. Emergency blood draws that are taken while a suspected drunk driver is receiving emergency medical treatment and can be used as evidence in DUI cases. These are blood samples that are taken as a matter of routine when a person receives emergency medical services.

Must I Consent to Blood Testing?

Under Illinois implied consent law, anyone who uses the state’s public roads automatically gives consent to chemical testing in suspected DUI situations. However, drivers do have a right to refuse such tests, but there will be consequences for doing so. In particular, a driver that refuse testing will have their driver’s license suspended for a certain period of time.

Fighting the Use of Blood Evidence in DUI Cases

There are plenty of reasons why it might be important for a person charged with a DUI to fight the use of blood testing results as evidence in a DUI case. The test results might show a blood alcohol concentration level that is above the legal limit of 0.08%, or the blood test results could show that the driver was under the influence of drugs. There are many ways that a skilled DUI criminal defense lawyer can fight the use of blood test results as evidence in a DUI case. For instance:

• Your lawyer could demand proof of custody of the blood sample every step of the way through the testing process. This means that if the prosecution cannot show that the sample was in the appropriate chain of custody (i.e., only people who were authorized to handle the blood sample ever touched it), the sample cannot be used as evidence.
• Your lawyer may be able to present evidence that medication you took or alcohol from an alcohol swab administered before your blood draw interfered with the accuracy of your blood sample.
• If appropriate, your lawyer may be able to argue that proper protocol was not followed by law enforcement when making your DUI arrest, the medical professional who drew the blood sample, or the lab technician when performing analysis on your blood sample.

Call the Law Offices of Christopher M. Cosley

If you are facing DUI charges and there is chemical testing evidence in your case, please contact a Rolling Meadows DUI lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is 847-253-3100.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.2

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.4.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1