In most states, the police do not need a blood test to arrest a person for DUI; instead, they often stop and arrest DUI suspects after observing behavior that indicates they might be intoxicated. While a blood test may ultimately be used to exonerate a DUI defendant, unjustly being charged with a DUI crime is often enough to cause devastating repercussions in a person’s life. This was demonstrated recently in Tennessee, when a woman was charged with DUI and felony child neglect and temporarily lost custody of her sign, despite the fact that she had not consumed any alcohol prior to her arrest. If you are accused of a DUI offense, it is wise to confer with a skillful Illinois DUI defense lawyer to discuss your options.
The Arrest and Charges
It is reported that the woman, who was a nurse, worked 41 hours over the course of three days, caring for COVID-19 patients. On her day off, she dropped her son off at a daycare facility so that she could run errands. She picked him up later that day and proceeded to drive off. Unbeknownst to her, though, a worker at the daycare facility called the police and reported that the woman seemed impaired.
Allegedly, the police stopped the woman shortly after she left the lot. They observed that she did not smell of alcohol, and she advised she had not consumed any, but they asked her to submit to field sobriety tests regardless. She did not perform well on the tests, which she attributed to the fact that the police had taken her son into their vehicle. She acknowledged the fact that she took ADHD medication. She was charged with DUI and felony child neglect, and her son was taken into state custody for six weeks. Blood tests ultimately showed that she was not intoxicated and that she was taking her ADHD medication at therapeutic levels.
The Basis for DUI Charges in Illinois
Pursuant to Illinois law, the police may arrest people for DUI if they believe they are operating a vehicle while under the influence of a drug or other intoxicating compound that makes them unable to drive safely. Additionally, the DUI statute states that a person can be found guilty of DUI if there is any amount of a drug, compound, or substance in their blood that resulted from the consumption or use of an intoxicating compound or controlled substance. As such, there is a potential for Illinois drivers who take ADHD drugs to be charged with a DUI offense due to their use of such medications.
Talk to a Trusted Illinois DUI Attorney
Being charged with a DUI crime can negatively impact multiple facets of a person’s life, even if they are ultimately determined to be not guilty. If you are charged with a DUI offense, it is smart to talk to an attorney about your options for seeking a just outcome. Theodore J. Harvatin, of the Harvatin Law Offices, PC, is a trusted Illinois DUI defense lawyer who can advise you of your potential defenses and help you fight to protect your rights and reputation. You can contact Mr. Harvatin by calling 217.525.0520 or via the form online to set up a meeting.