On August 21, 2011, Governor Pat Quinn signed a change into Illinois DUI law which requires that a police officer request chemical tests from a suspected DUI driver if the officer has probable cause to believe that alcohol or drugs were a factor in an accident which led to severe injury or death.
Under the prior law, the officer had discretion over whether to require the tests. The new law makes it mandatory. In cases of extreme injury or death, you may not have a right to refuse the test. The definition of extreme injury includes severe bleeding wounds, distorted extremities or wounds requiring that someone be carried from the scene.
If you are charged with DUI involving an accident, you should contact an experienced criminal or DUI law attorney immediately. Even if you were forced to submit to chemical testing, an attorney may be able to help. The police still must prove probable cause before requiring the test.
As with any criminal matter, do not speak about your case to anyone. Any statements you make may complicate your defense later.
If you have questions about this or another related 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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).