Chicago DUI Lawyer provides an update on the most recent Chicago Police Officer fatal DUI

I have explained how you can be charged, and found guilty, with a Chicago DUI even if you do not blow into the machine here, here, and here.  Now it appears that a Chicago Police Officer did not refuse to blow and his results are just under the legal limit of .08:

May 25, Chicago, Il

About four hours lapsed between Chicago police arresting a fellow officer in a deadly weekend crash and the administration of a Breathalyzer test to determine whether the officer had been drinking, authorities said.

The tests on Chicago police officer Richard Bolling, 39, revealed a blood-alcohol level of .079, just shy of the .08 legal limit, according to the Cook County state's attorney's office.

A police spokesman said the allegations against Bolling are part of an internal investigation and that the department wouldn't be commenting on the blood alcohol test.

In Illinois you do have a right to refuse to take the breathalyzer tests( or any other chemical tests) if you are facing a possible DUI charge, however, if there is a fatal accident or serious personal injury ,and you leave the scene of the accident,  you do not have that right.  The time lapse from the arrest to the time the officer submitted to the breatalyzer was well within the twelve hour timeframe required by the law.

625 ILCS 5/11-401

 Sec. 11‑401. Motor vehicle accidents involving death or personal injuries. 
    (a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11‑403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary. 

(b‑1) Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in Section 11‑501.1, if the testing occurs within 12 hours of the time of the occurrence of the accident that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension under Section 11‑501.1 if he or she fails or refuses to undergo the testing. 

Remember, just because the officer blew under the legal limit of .08, that does not mean these aggravated Chicago DUI charges will be dismissed or that he would ultimately be found not guilty of this tragic Chicago DUI.