Appellate Court rules blood and urine illegally obtained in fatal DUI case

An Illinois Appellate Court reversed a trial court’s ruling in a fatal DUI crash.

According to the Opinion, the motorist was driving with his children in the back seat.  One of his kids tried to hand him a candy wrapper to open.  When he momentarily turned his head, his van struck a seven year old boy, who was riding a bicycle and had darted out into traffic between two parked cars.  The motorist immediately stopped and ran into the nearby City Hall to get assistance.

The investigating officers testified that they did not observe any indications that the motorist was impaired by either alcohol or drugs.  Nevertheless, he was taken to a hospital to provide blood and urine screens.  The tests results showed the presence of THC and amphetamines and the motorist was charged with DUI.

A few days later, it was determined that the motorist had not been read the “Warnings to Motorist” form that would advise him of his rights regarding the chemical testing.  A second test was then ordered.

The defendant was found guilty and received a sentence of 54 months.

On appeal, the Court noted that there was no probable cause to believe that the motorist was impaired or that he had caused the accident.  No citations had been issued, and he was not under arrest at the time of the blood test, as required by Illinois law.  As a result, the results of the tests were suppressed and since there was no other evidence to support a finding of guilty, his conviction was reversed.

You can read the opinion here:  People v. Hayes, 2018 IL App (5th) 140223 (February 15, 2018) .

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