After an accident, you were taken to a hospital and your blood was tested. The results gave you a blood alcohol result that was way over the legal limit.
Can you challenge the testing? The answer depends on who did the test and why.
If the police did not follow proper procedures in collecting evidence, including blood tests from a hospital, an attorney can file a motion to suppress that evidence. To do so, you must first show that the evidence was obtained through an illegal search or seizure violating your Fourth Amendment rights. The state then has an opportunity to respond.
Similarly, to suppress evidence from a blood draw, you must show: 1) that a search occurred in the form of a blood draw, and 2) that the draw violated the fourth amendment.
The Fourth Amendment does not apply to searches by private individuals. However, a private actor may implicate the Fourth Amendment when that person acts as an agent of the state in light of all the circumstances. This is where it gets complicated because participation by the police, in and of itself, does not automatically mean that the hospital acted as an agent of the state. How much participation is too much? Your attorney will need to argue the facts of your case to show that police crossed the line.
If you have questions about this or another related Illinois DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(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).
Reference: People v. Mueller, 2021 IL App (2d) 190868
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).