Category Archives: DUI testing

CAN POLICE USE THE RESULTS OF A HOSPITAL BLOOD TEST AGAINST YOU?

You thought you were safe to drive, but unfortunately, you caused an accident.  An ambulance took you and the other party to the hospital.  At the hospital, the nurse drew your blood to run some tests.  One test was for … Continue reading

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CAN BACK TROUBLE AFFECT YOUR DUI?

You hurt your back at work.  It didn’t stop you from going to your boss’s birthday party, but you only had two beers  and then the police stopped you for speeding.  You really were okay to drive, but you had … Continue reading

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CAN YOU CHALLENGE THE BLOOD ALCOHOL TEST RESULTS FROM YOUR DUI?

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 … Continue reading

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CAN MY CONSENT TO CHEMICAL TESTS BE USED AGAINST ME IF I WASN’T UNDER ARREST FOR DUI?

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 … Continue reading

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DO POLICE NEED A WARRANT TO GET MY BLOOD TEST RESULTS FROM A  HOSPITAL?

After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which … Continue reading

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ILLINOIS SUPREME COURT UPHOLDS STATUTE REQUIRING A DRIVER TO SUBMIT TO BLOOD, BREATH AND BODILY FLUID TESTING

Overturning a lower court’s decision, the Illinois Supreme Court upheld a part of the Illinois statute on alcohol testing which requires that a driver submit to blood, breath or bodily fluid testing for drugs or alcohol where an officer has … Continue reading

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ILLINOIS DUI FIELD SOBRIETY TESTING: HOW WELL DID YOU FOLLOW INSTRUCTIONS?

If you are stopped for an Illinois DUI, the officer will likely ask you to perform field sobriety tests. Refusing these tests increases the length of your driver’s license suspension but may improve your chances of winning at trial. If … Continue reading

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DID I CONSENT TO DUI TESTING?

Under the Illinois implied consent law, you are deemed to have consented to drug or alcohol testing if you are arrested for violating the Illinois Vehicle Code as evidenced by a Uniform Traffic Ticket. (You may still refuse testing, although … Continue reading

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MY MOUTH WAS BLEEDING. COULD THAT CHANGE MY BREATHALYZER RESULT?

The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, … Continue reading

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ROADSIDE DRUG TESTING MAY BE COMING TO A MUNICIPALITY NEAR YOU

As the opioid crisis continues to alarm, the village of Carol Stream became the first municipality in Illinois to experiment with roadside drug testing. The tests use a mouth swab to screen for marijuana, cocaine, amphetamines, methamphetamines and opiates such … Continue reading

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