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In Illinois, Is Everyone Tested At The Scene Or How Do They Decide Who To Test?


The police would have a right to ask anyone to take it, especially in an accident scenario as part of the accident. They would not need to have the same probable cause they would need for a full blown DUI at that point because they would not know, although if there was any indication at all, any whiff of alcohol, then they could definitely ask the person to take the test.

Are Blood Draws Automatically Required Even If Someone Was Unconsciousness?

This would not be required, so it would be another thing the person could refuseto do. The problem would be if the person was taken to the hospital unconsciousness and the hospital took a blood draw in the natural course of hospital business, then those records could be subpoenaed. A protocol would have to be followed with the Illinois Department of Public Health Standards for taking those samples. They would not be able to just swab the person’s arm with a big cotton swab full of alcohol and then take a blood draw because the needle would go right through the alcohol to take it. There are different methods to follow those standards, but the person would not have to give the blood test. A lot of times when people get a blood draw for alcohol, they might be high on other substances like marijuana or some drugs because in either case the person would get a DUI.

Would Someone Have To Perform All The Sobriety Tests?

They would get pulled over for whatever reason and it would be somewhat obvious to the officer whether the person was intoxicated or under the influence of something. He would pull out his portable breathalyzer machine and then the person would blow .00. He would then ask the person to take a urine test and then he would ask the person to take a blood test. He could ask the person to do three different tests, and just because the person passed one test would not mean they could pass on the other. If, for example, the person did not take the urine test, they took the breath test but they refused the blood test, then it would still go down as a refusal. The person would have to take whatever test the police wanted them to take or they would get put down as a refusal. A judge would look at that when there was a hearing on it so they could determine if the officer had probable cause to make the person take those tests at that point.

Who Can The Police Perform Sobriety Tests On?

The officer would not be able to pull someone over for a speeding ticket and ask them to take a blood test because there would have to be some indication that the person was under the influence of something that would raise the level of probable cause so the officer would ask the person to take the test. They cannot just hassle everyone and ask them to take a blood test because they were five miles an hour over the speed limit.

For more information on Who Can Be Tested For Intoxication, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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