Articles Posted in Chemical Testing

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It is a well-known fact that people taken into custody by the police must be advised of their right against self-incrimination via Miranda warnings. In some instances, however, an issue arises as to what constitutes a person being taken into police custody for purposes of evaluating whether incriminating statements should be precluded. Recently, two courts tasked with addressing this issue came to different conclusions, highlighting the inconsistencies of the rulings throughout the nation. If you live in Illinois and are charged with a DUI, it is essential to retain an assertive Illinois DUI attorney to aid you in protecting your rights.

Nevada Decision Regarding Incriminating Statements

Reportedly, in a recent Nevada appellate court case, the court addressed whether a defendant’s incriminating statements should be admissible at trial. In that case, the defendant was stopped by police while he was at a convenience store because he looked like someone the police were trying to find. He was removed from the store and questioned by the police, during which he admitted to drinking and driving. He was then arrested for DUI. He filed a motion to suppress his statements, which the trial court granted. The State appealed.

On appeal, it was noted that the defendant was not advised that he was not under arrest, and the court found that he was in custody for practical purposes. Thus, he should have been read his Miranda rights. As such, the court affirmed the trial court ruling.

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The United States Constitution grants individuals the right to be free from unreasonable search and seizure. Recently, the United States Supreme Court held this right to include the right to be free from warrantless blood tests, in Birchfield v. North Dakota. The Birchfield ruling did not permanently resolve the issue of whether evidence obtained via a warrantless blood test is admissible, however, as courts throughout the country have carved out exceptions to the rule. This was illustrated in a recent case decided by the Nebraska Supreme Court, in which the court ruled that under the good faith exception to the Fourth Amendment, results from a warrantless blood test could be admitted into evidence. If you live in Illinois and face DUI charges due to a warrantless blood test it is imperative to retain a skilled Illinois DUI attorney to fight to protect your rights.

The Nebraska Case

Reportedly, police were called to the scene of a car accident in the early evening in August 2017. Upon arrival, they observed the defendant slumped over behind the driver’s seat of his vehicle. He was transported to the hospital via ambulance and did not submit to any chemical or field sobriety testing at the scene. One of the officers submitted an affidavit to obtain a search warrant for a blood draw from the defendant, due to the suspicion the defendant was driving under the influence. The county court issued the warrant, after which the police traveled to the hospital. The defendant willingly submitted to a breath test, which showed his BAC to be almost twice the legal limit. He was then served the search warrant, after which his blood was drawn. The defendant’s blood alcohol level was .168. Following his release from the  hospital, he was arrested for driving under the influence.

It is alleged that after the defendant was charged with driving under the influence, he filed a motion to suppress the evidence obtained via the search warrant on the grounds that the warrant was invalid. Specifically, the defendant argued that the affidavit in support of the warrant failed to establish probable cause that the defendant was engaging in criminal activity. The trial court denied the motion, finding that the affidavit was sufficient. A trial was held, and the defendant was convicted, after which he appealed. On appeal, the court affirmed the trial court ruling, and noted that the good faith exception to the Fourth Amendment applied. The defendant appealed, and the Supreme Court of Nebraska moved the case to its docket. Continue reading →

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Following the Birchfield ruling, if a person is arrested for suspicion of DUI the arresting officer can only conduct a warrantless blood test on the person if he or she consents to the test, otherwise it constitutes an unreasonable search and seizure in violation of the 4thAmendment of the United States Constitution. The Birchfield ruling has caused a ripple effect throughout the country, as courts continue to analyze how it impacts issues of consent in DUI cases. For example, the Wisconsin Supreme Court recently addressed the issue of whether chemical testing that is conducted after the defendant’s consent is withdrawn constitutes an unreasonable search. If you live in Illinois and are facing DUI charges following a warrantless blood test it is crucial to retain a seasoned Illinois DUI attorney to help you formulate a defense.

Underlying Facts and Ruling

Reportedly, the defendant was arrested for operating her vehicle while under the influence of alcohol. She consented to submit to a blood test but withdrew her consent after the blood was drawn before any chemical testing was performed and demanded that the destruction of her sample. The blood was tested regardless, however. Prior to trial, the defendant filed a motion to suppress the results of her drug test, arguing that the test was an unreasonable search and seizure in violation of her constitutional rights, due to the fact the testing was conducted after she withdrew her consent. The trial court granted the defendant’s motion. The State appealed the trial court’s ruling and on appeal, the appellate court affirmed the trial court’s decision. The State then appealed to the Wisconsin Supreme Court, who reversed the trial court decision.

In issuing its decision, the Wisconsin Supreme Court stated that there was only one search conducted, which was the blood draw to which the defendant consented. The court held that the search ended when the blood draw was completed, and the subsequent testing of the blood did not constitute a second search. Further, the court stated a defendant arrested for driving while intoxicated has no privacy interest in the amount of alcohol in a blood sample. Therefore, the court held that the defendant’s right to be free from unreasonable search and seizure were not violated by the testing of her blood and reversed the trial court ruling.
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The protections afforded by the Fourth Amendment of the United States Constitution prohibit the police from subjecting a person to an unreasonable search or seizure. In DUI cases, the right to be free from unreasonable searches and seizures has been interpreted to prevent the police from subjecting a person to a blood test without a warrant, unless the person consents to the test. Typically, this means that the results of any blood test taken without a warrant or valid consent would be suppressed.

There are exceptions to the rule, however, as shown in a recent case in which the Arizona Supreme Court upheld a DUI conviction of a woman regardless of the fact that her blood test was not voluntary, on the basis that the police believed they were acting in good faith. Even though the decision is not precedential outside of Arizona, cases that interpret a person’s rights with regards to chemical testing continue to affect the landscape of DUI law throughout the country. If you are charged with DUI in Illinois, it is prudent to meet with an experienced Illinois DUI defense attorney to discuss what evidence the State may be able to use against you.

The Defendant’s Blood Test

The defendant was arrested on suspicion of DUI. The arresting officer read the defendant a form that stated that under Arizona law, she was required to submit to a blood test. The defendant then submitted to testing. She was subsequently charged with aggravated DUI. Prior to trial, she moved to have the results of the blood test suppressed on the grounds that her consent was coerced. Her motion was denied and she was convicted of aggravated DUI, after which she appealed.

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The laws regarding what evidence may be admitted at a DUI criminal trial continue to change throughout the country. In many states, including Illinois, the laws allow the State to introduce evidence of a defendant’s refusal to submit to a breath test as evidence of guilt at trial. Lately, however, there have been challenges to implied consent statutes and the constitutionality of admitting evidence of a refusal to submit to chemical testing throughout the country.

Recently, in Elliot v. Georgia, the Supreme Court of Georgia held that a Georgia statute which permitted the State to introduce evidence of a defendant’s refusal to submit to a breath test was unconstitutional because it violated the defendant’s Fifth Amendment right against self-incrimination. If you are charged with an Illinois DUI, it is important to retain a seasoned Illinois DUI attorney who will aggressively advocate on your behalf to help you retain your rights.

Facts Regarding the Defendant’s Arrest 

Allegedly, the defendant was stopped due to suspicion of DUI. She was arrested, after which she refused to submit to a breath test. Prior to her trial, the defendant filed a motion to suppress evidence of her refusal to submit to chemical testing, arguing that the introduction of the evidence would violate her right against self-incrimination under the Georgia Constitution. The court denied the defendant’s motion, after which she appealed.

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A hotly contested issue in DUI cases throughout the nation is whether a blood draw taken from an unconscious DUI suspect is unconstitutional. While the Appellate Court of Illinois recently held that a warrantless blood draw from an unconscious suspect who is not under arrest violates the suspect’s Fourth Amendment Rights, approximately twenty-nine other states have laws permitting such blood draws.

It appears this controversial issue has come to a head, however, as the United States Supreme Court recently granted a petition to review in a Wisconsin case challenging an implied consent law permitting warrantless blood draws on unconscious defendants. Thus, it is anticipated that the country will soon have clear authority as to whether warrantless blood draws taken from unconscious defendants violate the right against unreasonable search and seizure afforded by the Fourth Amendment. If you are currently facing DUI charges, it is important to retain a knowledgeable Illinois DUI attorney who can advise you of how changes in the law affect your case.

The Wisconsin Case

Reportedly, the defendant in the Wisconsin case was stopped after the police received reports that he was driving while intoxicated. He submitted to a breath test, which revealed his blood alcohol level was three times the legal limit of .08. The defendant was arrested and transported to a hospital for a blood draw. While at the hospital, the defendant was allegedly read an Informing the Accused form and given the opportunity to withdraw his consent to the blood test. At that time, however, the defendant was unconscious and not able to respond. The police directed the hospital staff to draw the defendant’s blood, which they did. The blood draw revealed a blood alcohol level of .22. The defendant was subsequently convicted of a DUI, after which he appealed, arguing the blood draw was an unreasonable search that violated his constitutional rights. The State argued that the blood draw was valid under the Wisconsin Implied Consent Law. Ultimately, the Wisconsin Supreme Court found in favor of the State, holding that the officer did not need a warrant to obtain a blood sample from the defendant, pursuant to the Implied Consent Law.

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One of the many protections afforded by the United States Constitution is the Fourth Amendment right against unreasonable searches and seizures. Pursuant to the Fourth Amendment, a defendant cannot be searched without a warrant absent consent. While there are exceptions to this rule, the state bears the burden of proving that an exception applies.

In People v. Pratt, the Appellate Court of Illinois, Fifth District, held that a blood draw taken without a warrant when the defendant was unconscious violated his Fourth Amendment rights. If you are charged with a DUI, you should consult an experienced Illinois DUI attorney to assess what evidence the state is permitted to use against you.

Facts Surrounding the Defendant’s Chemical Testing

Allegedly, the defendant was involved in a car accident in which his passenger was killed. He was transported to a hospital for treatment but was not placed under arrest. A police officer that investigated the accident directed medical professionals to draw the defendant’s blood while he was unconscious so that chemical testing could be performed. Based on the results of the chemical testing, the defendant was charged with aggravated DUI. Prior to his trial, he filed a motion to suppress the test results, on the grounds that the blood draw constituted an unreasonable warrantless search that violated his Fourth Amendment rights. The trial court granted his motion. The state then appealed; on appeal, the appellate court affirmed.

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The grounds for detaining and arresting a driver suspected of driving under the influence vary from state to state. Utah, which arguably has the strictest DUI laws in the country, permits an officer to detain a driver due to reasonable suspicion of a DUI. Utah drivers can also be charged with a DUI without conclusive results from chemical testing, and drivers may have no recourse for inaccurate charges.

For example, the Utah courts recently held that a woman who was charged with a DUI prior to the results of her blood alcohol test could not recover on a claim against the officer who arrested her, on the grounds the officer had reasonable suspicion she was intoxicated. If you are charged with a DUI, you should meet with an Illinois DUI attorney to analyze whether your arrest and subsequent charge comply with the standards imposed by Illinois law.

Utah Standard Regarding Detention for DUI

Allegedly, the defendant was driving when she was stopped by police due to an expired license plate. She advised the police officer that her new plate was in the trunk of her car, which the officer verified. The officer suspected the defendant was intoxicated, however, in spite of the fact that she was not stumbling or slurring her speech and her eyes were not glassy or bloodshot. The defendant admitted she had one beer with lunch, and submitted to field sobriety tests, which she failed. The defendant argued, however, that she was given unclear instructions on how to perform the test. She was subsequently arrested and taken to the county jail to provide a blood sample. She was charged with a DUI prior to the results of the blood test. The blood test ultimately revealed her blood alcohol level to be .01%, which was well below the legal limit in Utah of .05%.

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Whether the machine used to administer your breath test was properly certified could make or break the state’s case against you. Illinois regulations set forth several parameters and guidelines the state must comply with to ensure that any machine used to administer a blood or breath test is accurate. If the machine used to administer a breath or blood test was not properly calibrated or tested, any results from the test should arguably be precluded as their accuracy cannot be verified. When it is revealed that the state cannot prove a machine used to administer chemical testing to DUI suspects is accurate, it often affects more than one case and the effects can be far-reaching.

Recently, in State v. Cassidy, the New Jersey Supreme Court ruled that any results from machines that were not properly calibrated for several years were inadmissible, and ordered the state to notify all affected defendants so they could seek appropriate relief. It is estimated that over 20,0000 convictions will be affected by the Cassidy decision, arguably making it one of the most substantial rulings in favor of DUI defendants in recent times. If you are charged with a DUI you should retain an experienced Illinois DUI to attorney analyze the accuracy of any evidence that may be used against you.

New Jersey Supreme Court Ruling

Reportedly, the police officer in charge of calibrating the breath test machines for several New Jersey counties and ensuring that the machines were accurate failed to take a required step in the process, potentially affecting over 20,0000 breath test results. In State v. Cassidy, the Supreme Court of New Jersey analyzed whether the failure to perform all the tests needed to ensure the accuracy of the machines called into question the reliability of the tests.

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The Supreme Court of the United State’s ruling in Birchfield v. North Dakota has resulted in countless appeals all over the country, as defense attorneys and prosecutors try to discern the implications of the ruling. One issue that frequently arises is whether the refusal to undergo a blood test without a warrant is admissible to prove guilt at a trial for DUI charges. The Nebraska Supreme Court recently addressed this issue in Nebraska v. Hood, ruling that Birchfield did not prohibit the introduction of such evidence. If you are charged with a DUI and refused to undergo a warrantless blood test, it is important to know your rights.  A seasoned Illinois DUI attorney can assist you in analyzing what defenses may be available to the charges you face.

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Facts of the Case

Allegedly, the suspect in Hood was driving a vehicle involved in a two-car collision. The driver of the other vehicle died at the scene and a passenger from the other vehicle died 9 days later. An off-duty police officer arrived at the scene shortly after the accident and observed a strong odor of alcohol on the suspect’s breath. An officer who responded to the accident drove the suspect to the hospital. The responding officer also noted alcohol on the suspect’s breath and observed that the suspect’s speech was slurred and his eyes were bloodshot. An open bottle of liquor was found in the suspect’s vehicle as well. When he was asked if he had been drinking the suspect stated he had consumed four beers the night before. He was asked to undergo a preliminary breath test and refused. He was then asked to undergo a blood test and refused that as well.