Illinois DUI Lawyer Blawg
In Birchfield v. North Dakota, the United States Supreme Court ruled that a warrant is required to obtain a blood test from a DUI suspect, and that a DUI suspect could not face criminal penalties for refusing to submit to a warrantless blood test. Birchfield did not address, however, what penalties could be imposed on a DUI suspect for refusal to comply with a search warrant for a blood test. Recently in Wyoming, DUI suspects who refused to comply with search warrants for blood tests were charged and found guilty of interference with a police officer. Similarly, under Illinois DUI law, a refusal to comply with a warrant for a blood test may result in an obstruction of justice charge. If you were charged with a DUI and refused to submit to a search warrant for a blood test, it is important to know what penalties you may face. A seasoned Illinois DUI attorney can advise you of what defenses may be available to the charges you face and assist you in obtaining a favorable result.
Wyoming Implied Consent Advisement
Two separate cases in Wyoming arose under similar facts and ended in the same penalties for the drivers involved. It was alleged in both cases that the defendants were stopped due to suspicion of DUI and refused to submit to chemical testing. Under Wyoming’s Implied Consent Advisement, police can obtain a search warrant for a blood test if a DUI suspect refuses to submit to a blood test voluntarily. In both cases the police obtained search warrants for blood tests, and both suspects subsequently refused to comply with the search warrants. While neither suspect was convicted of DUI, both were convicted with interference with a police officer for refusing to submit to their respective warrants for blood tests, and sentenced to jail time. Both cases were appealed and the appeals are pending.
Illinois Law Regarding Refusal to Comply with a Warrant for Chemical Testing
Case law suggests that, similar to Wyoming, an Illinois DUI suspect who refuses to comply with a search warrant for a blood test may be charged with obstruction of justice. In The People of the State of Illinois v. Case B. Kegley the suspect was detained for allegedly exhibiting symptoms of intoxication. When he refused to submit to chemical testing, a search warrant was obtained to take a sample of the suspect’s blood, urine, or breath. The police alleged the suspect refused to comply with the warrant, and he was charged with both DUI and obstruction of justice. Following a trial the suspect was convicted on the obstruction of justice charge. The suspect appealed. On appeal, the Appellate Court of Illinois affirmed the trial court ruling. The court held that the suspect knowingly concealed the physical evidence in his breath, in contravention of the warrant. The court further noted an affirmative act was not needed to show obstruction, as inaction could constitute obstruction as well.
Meet with an Experienced Illinois DUI Attorney Today
If you were stopped due to suspicion of DUI and refused to comply with a search warrant for chemical testing, you may face additional charges. You should retain a skilled Illinois DUI attorney as soon as possible, to assess your case and determine what defenses are available to the charges you face. Harvatin Law Offices, PC vigorously defends people facing DUI charges in Illinois. Contact our office at 217.525.0520, to schedule a consultation.
More Blog Posts:
Illinois Supreme Court Reverses Grant of DUI Defendant’s Suppression Motion Illinois DUI Lawyer Blog, February 1, 2018.
State Supreme Court Hears Arguments Challenging State’s Rules for Testing BAC Illinois DUI Lawyer Blog, November 30, 2017.
Supreme Court Holds Fourth Amendment Permits Warrantless Breath Tests, But Not Warrantless Blood Tests Illinois DUI Lawyer Blog, July 1, 2016