According to recent Illinois case law, the answer is a probable yes.

Under Illinois law, any person who drives or is in actual physical control of a motor vehicle upon the public way shall be deemed to have consented to chemical tests.  This is known as implied consent. Generally, you must be under arrest before the results of any testing can be used against you unless the tests fall under an exception to the warrant requirement.

One such exception is actual consent.  In  People v. Patel, the defendant had been in a traffic accident and was at the hospital where the officer asked him to submit to blood and urine tests.   The defendant agreed.  The officer testified that the defendant knew he was conducting a DUI investigation.  The court permitted the tests to be used at trial even though the defendant was not under arrest at the time because the defendant had given actual consent.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense.  Did the police follow correct procedure?  If not, an attorney can petition the court to suppress the results of that stop which could include any testing.

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

 (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.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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