DUI/OUI Blood Test

Harvatin Law Offices is known for its no-nonsense approach to DUI defense and driver’s license hearing matters. Away from the chaos and corruption of the big city, this local law firm provides clear, effective representation to clients in Springfield, Chicago, and beyond. Mr. Harvatin uses his 15-year tenure as a former hearing officer to help you obtain driving relief.

Driving or Operating a Vehicle under the Influence

Driving (DUI) or operating (OUI) under the influence or while intoxicated (DWI, OWI) all refer to the same crime. Drunk-driving laws punish motorists who get behind the wheel while under the influence of alcohol or drugs.

DUI may be determined by the driver’s blood alcohol concentration (BAC). In Illinois, DUI requires proof that the driver’s BAC is .08% or above. This means there are 0.08 grams of alcohol per 100 milliliters of blood or 0.08 grams of alcohol per 210 liters of breath.

Illinois law has stiff penalties for DUI offenses. These include large fines, suspension or revocation of the driver’s license, and jail or prison time. DUI offenders are also “high risk” drivers subject to high insurance rates.

Acceptable Methods to Test BAC in Drivers

A DUI conviction requires a BAC of .08% or above. Police have various ways to test the level of alcohol or drugs in a person’s blood. It is legally acceptable to analyze the driver’s breath, urine, and blood. The test results may be used as evidence in a DUI prosecution.

However, all these tests are subject to challenge on scientific and constitutional grounds. Blood tests are by far the most accurate. But they are also invasive, expensive, and inconvenient. In most DUI cases, police rely heavily on evidence from breath tests, which are faster and cheaper to administer.

Situations in Which Police May Obtain a Blood Test

In any DUI arrest, police must always have reasonable suspicion to stop your vehicle and ask for consent to submit to a blood or breath tests. If there is no traffic accident or bodily injury, a breath test is preferable.

Drivers should typically not consent to a field sobriety or portable breath test at the scene of the arrest. Generally, drivers may refuse a police blood test (DUI kit). Medical tests performed by emergency room physicians in the course of treatment are not admissible to prove BAC for license suspension.

Police may take and use a blood test, however, if:

  • You are dead, unconscious, or otherwise incapable of refusing the test
  • Police successfully subpoena hospital records to assist them in proving DUI charge
  • Police are present during treatment and request the results from hospital personnel
    • Based on BAC, police may ask for a second sample to analyze in their own lab
    • You consent to police testing separate from blood test given by the doctor

Seek Legal Counsel to Challenge DUI Blood Test Results

If you are charged with DUI, the experienced DUI defense lawyers at Harvatin Law Offices can help. Police often fail to follow strict rules governing blood tests, analysis, and preservation. Their mistakes produce inaccurate evidence that is not admissible against you. Protect your rights and get driving relief early by calling (217) 525-0520 today for a free consultation, or contact us online.

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