Previous posts have discussed how police may take your blood with or without your consent after a DUI-related accident. But police can also obtain blood or urine results from you under the emergency room exception.

Blood or urine tests for intoxication are admissible in prosecuting a DUI or related crime if taken during the regular course of emergency room treatment and not at the request of police. The tests must be performed by the lab ordinarily used by the hospital. Unfortunately, your usual right to keep your medical records confidential no longer applies. (See the statute at 625 ILCS 5/11-501.4.)

If police have obtained hospital tests and charged you with DUI, consult an experienced attorney immediately. An attorney can examine what type of medical treatment you had and whether the sample was taken in the normal course of it. An attorney can also question whether the results of the blood test were properly converted for DUI purposes. Even if the sample was properly taken and the results are correct, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement than you might do on your own.

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

See our related posts on blood draws with consent They Tested My Blood! Can I Still Defend My Illinois DUI? and without Can They Take my Blood? Your Rights and DUI Testing.

(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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