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Can Police Make You Give a Blood Sample for a DUI?

Updated on May 16, 2022 → Under

In Illinois the ability of the police to obtain scientific evidence even when the accused person is incapable of giving consent or has refused to give consent has been expended.

As a US citizen you hold the constitutional right to refuse the police to carry out unreasonable and unlawful searches. When you have been pulled over for suspicions of driving while being intoxicated, due to your constitutional rights you have the right to refuse a blood test or breath test after you have been pulled over.

Most drivers In Illinois often wonder can police make you give a blood sample for a DUI.  In recent years, it has become more common for law enforcement officers to carry out forced DUI blood draws. The police ignore the individual rights of refusal to submit a blood or breathalyzer test and they draw blood forcibly. According to Illinois laws, as a driver operating a motor vehicle it means that you have given the authorities implied consent to carry out a test if they suspect that you are driving while under influence.

Generally, a police officer will need a warrant to carry out a DUI blood test. While this is the case there are instances whereby a police officer is likely to carry out a blood test on the individual in question without their consent.

In Illinois, implied consent is implied when you are able to legally drive in the state. This means that even if you do not verbally give consent for a breath or blood test to be carried out, by applying for a driver’s license in Illinois and the license being awarded it means that you have non-verbally given consent for a chemical test to be carried out. This means that you will agree to a request for a chemical test by the police in these circumstances:

  • The law enforcement officers under reasonable suspicion believe that at the time that you were driving you are under the influence of cannabis, drugs, alcohol, or any other intoxicating compound.
  • You have received a ticket after fleeing from the scene of a motor vehicle accident according to section 11-401.
  • If you have been issued a Uniform Traffic Ticket according to section 11-501 or any other similar ticket that is under Illinois local ordinance for a DUI offense that is based on alcohol or any other intoxicating substances.

Learn More: 8 Questions To Ask A DUI Lawyer

Implied consent means that if as a resident of Illinois you would like to have a driver’s license you will have to at least give the promise that if the traffic police ask you to blow in a breathalyzer machine you will consent. ILCS Section5/11-50.1.1. contains the consent laws that cover Chicago as well as the entire state of Illinois in relation to this particular subject.

blood samples

When law enforcement asks for chemical testing to be done it is not up to the driver to decide which test should be administered. The police officer at their discretion will determine which test will be administered. The authorities can ask for a blood test, a urine test, or a breath test. They can as well ask for two or three of these tests. The police can still administer two more tests even after they have administered a blood or breath test.

What Is The Purpose of a Blood Sample for a DUI?

For the courts to find you guilty of driving under the influence of alcohol there are two things that the prosecution has to prove;

  • One of them is that you were operating a motor vehicle or were in control of it.
  • The other thing is that BAC or blood alcohol level was 0.08 or higher than that when you were driving.

For your blood alcohol content to be determined a chemical test is taken for the second requirement to be met. A police officer will ask for a chemical test after a driver fails the field sobriety tests. The reason why a forced blood draw is conducted is so that the blood alcohol concentration of an individual that does not give consent for a breathalyzer test can be recorded.

Chemical Blood or Urine Tests Administered at a Medical Facility

When it is a requirement for you to submit to a drunk driving test, the blood or urine test that you must submit to will be carried out at a medical facility. A licensed medical professional will carry out the DUI tests. You can refuse to take the tests but in the case where you refuse to take the test, you will face the automatic license suspension. In the case where you were arrested for a DUI as a result of an injury, you cannot refuse to take a chemical test. The police can draw a urine sample or blood for testing you.

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It is a must for your sample to be collected, sealed, and labeled in the police officer’s presence. This is necessary for authentication. Before the forensic scientist conducts their analysis they must take a picture of the sealed sample box together with the initials of the arresting officer.

If the DUI lawyer defending your case is able to show that there was an irregularity in the sample box chain of custody or that a lapse occurred in the procedure the district attorney or the prosecutor may not be able to use your urine or blood sample as evidence to show your intoxication. This is because for the evidence to be admissible in court law enforcement officers should be able to show that nobody tampered, tampered, or messed with the samples that were collected from you from the time they were collected to the time that was analyzed and turned into a lab report.

Related Content: First Offense DUI in Illinois

A normal blood test is different from a blood test that is administered as a result of an emergency or after an accident that involves an injury. The serum tests are given on an emergency basis often show a higher BAC than that of a normal blood test. For this reason, the authorities are required to present a blood alcohol concentration level of 1.18. In Illinois, DUI converting of blood serum tests results to a normal blood test scale is often an issue.

For the police officers to have consent to get a urine or blood sample despite the defendant’s wish not to comply they need a judge to issue a warrant. During the no refusal period there are usually phlebotomists and medical technicians on call. They can be called to the scene of the accident or to the hospital so they can draw blood for evidence.

A warrant issued by a judge is considered a court order. Failure of the accused to comply with the court order may result in a contempt of court citation. Contempt of court is punishable by jail. An accused person that fails to promptly comply with the police or that wrestles with them can as well be charged with resisting the police. Resisting police is classified as a Class A misdemeanor in Illinois.

In some instances for a blood sample to be drawn the accused party has had to be restrained, tied to a bed, or a police officer has been forced to sit on them. As a result of the blood the blood testing process some results have not displayed an accurate blood alcohol level. 

At Dohman Law Group we have the necessary legal experience. We have represented DUI clients that had cases involving forced blood draws. Our experienced Rolling Meadows DUI attorneys will defend you and make every effort possible to ensure that any unconstitutional evidence is dismissed in court. If you have been forced to give a blood sample you can get in touch with us. Our DUI defense attorneys would like to represent you!

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