Category Archives: DUI testing

DO POLICE NEED A WARRANT TO GET MY BLOOD TEST RESULTS FROM A  HOSPITAL?

After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which … Continue reading

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ILLINOIS SUPREME COURT UPHOLDS STATUTE REQUIRING A DRIVER TO SUBMIT TO BLOOD, BREATH AND BODILY FLUID TESTING

Overturning a lower court’s decision, the Illinois Supreme Court upheld a part of the Illinois statute on alcohol testing which requires that a driver submit to blood, breath or bodily fluid testing for drugs or alcohol where an officer has … Continue reading

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ILLINOIS DUI FIELD SOBRIETY TESTING: HOW WELL DID YOU FOLLOW INSTRUCTIONS?

If you are stopped for an Illinois DUI, the officer will likely ask you to perform field sobriety tests. Refusing these tests increases the length of your driver’s license suspension but may improve your chances of winning at trial. If … Continue reading

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DID I CONSENT TO DUI TESTING?

Under the Illinois implied consent law, you are deemed to have consented to drug or alcohol testing if you are arrested for violating the Illinois Vehicle Code as evidenced by a Uniform Traffic Ticket. (You may still refuse testing, although … Continue reading

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MY MOUTH WAS BLEEDING. COULD THAT CHANGE MY BREATHALYZER RESULT?

The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, … Continue reading

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ROADSIDE DRUG TESTING MAY BE COMING TO A MUNICIPALITY NEAR YOU

As the opioid crisis continues to alarm, the village of Carol Stream became the first municipality in Illinois to experiment with roadside drug testing. The tests use a mouth swab to screen for marijuana, cocaine, amphetamines, methamphetamines and opiates such … Continue reading

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CAN THE STATE USE THE RESULTS OF A FORCED BLOOD OR URINE TEST? IT DEPENDS ON WHO’S DOING THE FORCING

In most cases, the police cannot forcibly draw your blood or urine without a warrant. But what if it’s the doctor who’s forcing the tests as part of your treatment plan? According to a recent Illinois appellate case, the state … Continue reading

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CAN YOU FIGHT THE SUSPENSION OF YOUR DRIVER’S LICENSE BASED ON A MEDICAL CONDITION?

UPDATED: September 24, 2018 You were driving somewhat erratically, when police stopped you. The officer suspected you were driving under the influence of alcohol or drugs. In reality, you suffer from a medical condition, but the officer didn’t believe you. … Continue reading

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ILLINOIS APPELLATE COURT STRIKES DOWN STATUTE REQUIRING DRIVERS TO SUBMIT TO TESTS AFTER SERIOUS ACCIDENTS

UPDATED DECEMBER 17, 2019: The Illinois Supreme Court overturned the decision below on December 5, 2019. Please see our post regarding this decision at ILLINOIS SUPREME COURT UPHOLDS STATUTE REQUIRING A DRIVER TO SUBMIT TO BLOOD, BREATH AND BODILY FLUID … Continue reading

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I WAS CAUGHT SWITCHING SAMPLES IN MY DRUG TEST WHAT CAN HAPPEN?

You were convicted for a drug-related DUI. As part of your sentence, you must submit to random drug testing. You knew you couldn’t pass, so you switched your urine sample with a friend’s. Somehow, the probation officer figured it out. … Continue reading

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