Chicago DUI Blood Test Information

Blood tests are most commonly conducted when a person is transported to a Chicago area hospital for treatment after an auto accident. At Suhre & Associates, we commonly request our client’s medical records from the hospital to determine if any evidence useful to the preparation of our defense exists.

As an example, the sign and symptoms of a head injury are similar to those the police commonly associate with intoxication. Attorneys in our firm have successfully defended multiple cases where a client is alleged to have been disoriented and combative, but after thorough preparation and presentation of the defense, the court found that a head injury contributed to the client’s condition, not the presence of alcohol or drugs.

Illinois law requires that blood tests be performed by a licensed physician, nurse, or other qualified person. Blood test analysis must be conducted in accordance with the rules and procedures that govern chemical testing in Illinois DUI cases. Failure to properly preserve or label the sample and problems with the chain of custody are common defenses to the admissibility of blood test results. While blood testing is the most invasive method of determining BAC, it is also the most reliable. For DUI cases involving drugs, blood testing is the chemical test of choice, as breath machines are incapable of measuring drug levels and urine analysis cannot always detect the existence of specific drug metabolites.

Hospital blood alcohol tests are governed by 625 ILCS 5/11-501.4. A suspect has a right to an independent chemical test other than one administered by the police. 625 ILCS 5/11-501.2(a)(3). Further, this independent test must be paid for by the suspect, and it must be conducted by a person who is qualified according to the statutory rules or the results will be inadmissible in court.

Blood test records are obtained from the prosecutor and reviewed for compliance with the Administrative Code. In some cases, it may be necessary for an attorney to subpoena the state lab or hospital lab for all protocols regarding the collection, handling, and testing of blood specimens.

If the prosecution cannot prove compliance with the relevant procedures associated with blood specimen collection under Illinois law, then the results of the blood test cannot be used as evidence at trial.

Some Common Ways to Exclude Blood Tests in Illinois:

  • The hospital blood test is inaccurate because it overestimates a person’s true levels by as much as 25% in some instances;
  • Failure to properly store and preserve the blood specimen;
  • Failure to properly label the blood specimen;
  • Issues with the chain of custody;
  • Improper collection of blood specimen;
  • Improper handling of the blood specimen causing subsequent errors in analysis from-
    • improperly positioning needles, under-filling tubes, shaking tubes, failure to invert tubes immediately after collection
  • The blood test was conducted by someone not qualified to do so under statute;
  • There was an error in test results due to clotting and/or micro-clotting;
  • There was an error in test results due to hemolysis;
  • The subject was given other drugs or medicine prior to the blood draw;

Blood Alcohol Testing and Analysis in Illinois

While there are rules and regulations pursuant to 625 ILCS 5/11-501.2 governing the collection of the blood specimen, there are NO Illinois State Police rules in effect which govern the testing and analysis of the blood collected. Unlike other states which have in place rules for the testing/analysis of a blood specimen, Illinois does not have regulations governing some extremely important issues including but not limited to: 1-the types of devices that may be used to test blood; 2-the methods and procedures that may be used for blood alcohol testing; and 3-the accuracy of the used in testing.

The absence of guiding rules regarding the testing/analysis of a blood specimen may arguably represent a due process violation of a person’s fundamental right to a fair since 625 ILCS 5/11-501.2 declares blood alcohol tests valid, even in the absence of rules governing accuracy, analytical techniques, etc.

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