A woman in Galesburg, Illinois was recently arrested for DUI after an accident. The driver fled on foot but police later apprehended her. She was arrested and transported to the hospital for treatment of her injuries.
While the police were no doubt concerned about the driver’s safety, they had a second motive in transporting her to the hospital. Her emergency room doctor was no doubt told that police suspected she has used alcohol and drugs. As a result, the doctor ordered blood tests, as alcohol or drugs in the driver’s system could affect the doctor’s decision about what medications to order.
The blood tests results the doctor ordered for treatment purposes will not be admissible in determining whether or not the driver’s license of the accused will be suspended due to registering over the .08 legal limit and whether she will be required to obtain an MDDP. On the other hand, those results are admissible in the DUI prosecution itself. This prosecution, if successful, could result in a driver’s license revocation, and the driver would then need an Illinois driver’s license reinstatement hearing.
It is likely that the police were present while the driver was being treated. If so, the hospital informed the police of the blood test results. Those results would have allowed the police to demand their own blood test from which to determine whether or not the driver was over the legal limit, causing a suspension of her driver’s license.
As you can see, there are two blood test scenarios. The first is the one the doctor orders. Those results can be used in the DUI prosecution but not in determining whether there will be an automatic driver’s license suspension before the DUI is resolved.
The second test is the one the police request. You have the right to refuse this test. If you do, your license will be suspended for a greater length of time than if you take the test. Of course, if you take the test and fail it, that evidence will be used against you.
People are often confused when they are told their license is suspended for refusing to take a blood test when they know the doctor drew blood. Because of the complex nature of a DUI charge involving a wreck, people in that situation should consult with an Illinois DUI lawyer.