CAN POLICE TEST MY BLOOD IF I AM UNCONSCIOUS?

You appear to have caused an accident when driving home from a party.  The crash was bad enough that you were knocked unconscious.  When you came to in the hospital, the medical staff had tested your blood for substances and the police arrested you for DUI.

Can they do that?  What can you do?

Under Illinois law, you are presumed to have consented to the chemical testing of your breath, blood or bodily fluids when you drive on public roads.  Of course, you may still refuse testing, although you may face certain penalties if you do.  For example, the Secretary of State may double the time your license is suspended.

But what if you are unconscious or otherwise unable to make your refusal clear?  Under Illinois law, you are considered not to have withdrawn your consent to testing when you are unconscious or even deceased. And, if you receive medical treatment because of the crash, police may ask any medical professional to test your blood as long as medical personnel believe doing so will not endanger your well being.

If you have been charged with DUI or similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Was your actual refusal ignored? Was your blood drawn while receiving medical treatment or by one of the people authorized in the law?  For example, if taken by a phlebotomist, were they acting under the direction of a licensed physician?  Can the state prove all the elements of the offense beyond a reasonable doubt such as that you were the actual driver or that you caused the crash?

Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: 625 ILCS 5/11-501.6.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)