Tag Archives: blood test

CAN YOU BE CHARGED WITH OBSTRUCTION OF JUSTICE FOR REFUSING TO GIVE A BLOOD SAMPLE?

A recent Illinois Supreme Court decision says no. In People v Hutt, the defendant refused to let medical personnel draw his blood and refused to provide a urine sample despite a warrant authorizing these samples. Defendant was later convicted of  DUI … 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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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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CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

In a recent decision, Birchfield v. North Dakota, the U.S. Supreme Court held that a state cannot require you to take a blood test in order to enforce its drunk driving laws. Subject to certain exceptions, the police must get … Continue reading

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