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 there may be extra penalties.) A recent Illinois court has held, however, that you must be arrested before an officer can ask you to take the tests.

In People v Hayes, the defendant accidentally killed a small child when the child rode his bike in front of defendant’s car. An officer then took defendant to the hospital for drug testing. However, defendant was not arrested for DUI until two days later. The court held that the implied consent law did not apply because defendant was not under arrest at the time of the tests, and thus the results of the tests should be suppressed.

Even without an arrest, a blood or breath test may still be valid if you voluntarily consented to the tests. In the above case, however, the court did not find the defendant’s consent to be voluntary. A uniformed police officer had taken the defendant to the hospital for testing. The officer remained with him at all times, even in the restroom where defendant provided a urine sample. Defendant’s vehicle was towed from the scene. The court held that under these circumstances, a reasonable person would not feel free to leave the hospital or refuse the tests.

If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. If police did not follow proper procedures, an attorney may be able to petition the court to suppress the evidence from your arrest. Even if the police acted legally and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal 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.)

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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