Over the years, the United States Supreme Court has handed down numerous decisions that have had a tremendous impact on the prosecution of DUI cases. The following is a brief survey of a few of these important cases.
Blood Tests Used for DUI Conviction
Schmerber v. California, 384 U.S. 757 (1966)
The landmark decision in this case allows blood test results to be used as evidence in DUI cases even when taken over the defendant’s objection. In this case, the police officer forced the DUI suspect to submit to the blood test. The court determined that the blood sample drawn by a doctor in a hospital, following the proper procedures, was reasonable. The court ruled that a defendant’s Fifth Amendment privilege against self-incrimination did not apply to physical evidence, when such evidence came from the individual under medical circumstances. The court also concluded that the taking of blood did not involve the suspect providing communication or testimony, in an oral or written form, which would have been protected under the 5th Amendment.
Hearings Necessary for DUI License Suspension
Bell v. Burson, 402 U.S. 535 (1971)
The court ruled that a driver’s license is a possession which may not be taken away without the procedural due process required under the Fourteenth Amendment. The Supreme Court recognized that a driver’s license is essential to one’s livelihood and a driver’s license may not be taken by the state, such as in the case of a DUI prosecution, without some type of procedural due process. This ruling effectively ensured that a motorist charged with a DUI must receive some type of hearing. This hearing must then allow the individual to challenge the state’s attempt to take away his or her driver’s license for any length of time.
Breath Analysis Used for DUI Conviction
California v. Trombetta, 467 U.S. 479 (1984)
The Supreme Court ruled breath analysis tests are admissible evidence in DUI prosecutions even though samples of the suspect’s breath are not preserved as possible exculpatory evidence.
Officers in this case used a device called an intoxilyzer to determine the blood alcohol concentration of a suspected drunk driver. The breath test required the driver to breathe into the intoxilyzer, thus providing a breath sample. The device then recorded the level of alcohol concentration in a printout, thereby providing a breath analysis. The driver’s breath was removed from the device and not saved. Individuals prosecuted using intoxilyzer results argued that they should have access to any evidence necessary to their defense. They argued that they should be given the opportunity to independently analyze the breath used to determine the blood alcohol concentration. However, the Supreme Court determined that the breath collected from any suspect was unnecessary to their defense. This decision was based on the finding that the intoxilyzer had extremely low error rates and that an individual could challenge the results through other means, such as cross examination of the officer that performed the test.
These cases represent just a small part of the many influential decisions related to DUI law that the Supreme Court has handed down. Be sure to return to my blog for more information regarding court decisions influencing drunk driving defense. Thanks for reading my blog. If you have a comment, please feel free to post it here, but keep in mind your comments will not be confidential. If you have been accused of a DUI or traffic violation, contact me for a free, confidential consultation.
Wednesday, October 22, 2008
Monday, October 13, 2008
Update on Former Lake County Chief Judge David Hall
In a prior blog entry, we followed the arrest of Lake County Chief Judge David Hall for driving under the influence and resisting arrest following an incident on Illinois Highway 60 on April 26th. At the time of this arrest, Hall refused to submit to field sobriety or breathalyzer tests. Hall had entered a plea of not guilty and asserted that arresting Vernon Hills officer Jesse Goldsmith used pepper spray on Hall without provocation, while Hall was seated in his vehicle. According to Goldsmith’s report, he used pepper spray on Hall after Hall refused to exit the vehicle.
Hall had hoped to demonstrate at a pre-trial hearing that Goldsmith lacked probable cause to stop his car. However, presiding Judge Keith Brown of Kane County ruled that Goldsmith’s traffic stop was justified. Judge Brown determined that Goldsmith’s report that Hall swerved and crossed the center line several times sufficiently established probable cause. Hall also hoped to establish that Goldsmith did not have the jurisdiction to arrest Hall. Judge Brown also rejected this argument. He found that Goldsmith first observed Hall’s alleged erratic driving within the village limits of Vernon Hills.
Following Judge Brown’s rulings, the Judge set Hall’s case for a trial date of November 10th, according to the Chicago Tribune. The sufficiency of the evidence available to the prosecution to obtain a conviction is unclear because Goldsmith passed away on June 2nd from a heart attack. Typically, the arresting officer will be called to testify to the circumstances leading to the arrest and any information contained in the officer’s reports. A second arresting officer, Mark Sosnoski, maybe available to testify. However, according to news reports, Sosnoski arrived at the scene after Hall had been stopped. As a result, it is unclear whether Sosnoski observations will be sufficient to obtain a conviction.
In Other News: Efforts in Lake County and Kane County to Remove DUI Offenders from the Road
As reported by the Daily Herald, Lake County and Kane County initiated programs to contend with the increase in drinking over holiday weekends. Lake County over Labor Day weekend and Kane County over Memorial Day weekend, each instituted a policy applicable to DUI suspects who refuse to take a breathalyzer test. These individuals are then informed that a search warrant will be issued allowing for the suspect’s blood to be drawn. A refusal to submit to the blood test after the warrant has been issued could lead to contempt charges. The Daily Herald reports that failing the blood test after refusing the breath test could result in an individual’s license being revoked for at least a year.
Thanks for reading my blog. If you have a comment, please feel free to post it here, but keep in mind your comments will not be confidential. If you have been accused of a DUI or traffic violation, contact me for a free, confidential consultation.
Hall had hoped to demonstrate at a pre-trial hearing that Goldsmith lacked probable cause to stop his car. However, presiding Judge Keith Brown of Kane County ruled that Goldsmith’s traffic stop was justified. Judge Brown determined that Goldsmith’s report that Hall swerved and crossed the center line several times sufficiently established probable cause. Hall also hoped to establish that Goldsmith did not have the jurisdiction to arrest Hall. Judge Brown also rejected this argument. He found that Goldsmith first observed Hall’s alleged erratic driving within the village limits of Vernon Hills.
Following Judge Brown’s rulings, the Judge set Hall’s case for a trial date of November 10th, according to the Chicago Tribune. The sufficiency of the evidence available to the prosecution to obtain a conviction is unclear because Goldsmith passed away on June 2nd from a heart attack. Typically, the arresting officer will be called to testify to the circumstances leading to the arrest and any information contained in the officer’s reports. A second arresting officer, Mark Sosnoski, maybe available to testify. However, according to news reports, Sosnoski arrived at the scene after Hall had been stopped. As a result, it is unclear whether Sosnoski observations will be sufficient to obtain a conviction.
In Other News: Efforts in Lake County and Kane County to Remove DUI Offenders from the Road
As reported by the Daily Herald, Lake County and Kane County initiated programs to contend with the increase in drinking over holiday weekends. Lake County over Labor Day weekend and Kane County over Memorial Day weekend, each instituted a policy applicable to DUI suspects who refuse to take a breathalyzer test. These individuals are then informed that a search warrant will be issued allowing for the suspect’s blood to be drawn. A refusal to submit to the blood test after the warrant has been issued could lead to contempt charges. The Daily Herald reports that failing the blood test after refusing the breath test could result in an individual’s license being revoked for at least a year.
Thanks for reading my blog. If you have a comment, please feel free to post it here, but keep in mind your comments will not be confidential. If you have been accused of a DUI or traffic violation, contact me for a free, confidential consultation.
Monday, September 29, 2008
Recent Chicago DUI Headlines
Update on Chicago Police Officer John Ardelean
Officer Charged (Again) in Connection with Fatal Crash
In prior blog entries we followed the investigation involving Chicago police officer John Ardelean, who was initially charged with a misdemeanor count of drunk driving in connection with the Thanksgiving Day crash that killed two men from Cicero. At the time of his arrest Ardelean declined to take a field-sobriety test and did not submit to a blood alcohol test until nearly eight hours following the crash. Results of the blood alcohol test showed a blood alcohol concentration (BAC) of .032, well below the legal limit of .08. However, the prosecution’s investigator asserted that at the time of the crash, Ardelean’s BAC was .104 to .177. At the preliminary hearing, charges against Ardelean were dismissed due to lack of evidence.
Last week, following further investigation, the Cook County state’s attorney’s office did an abrupt about-face, indicting Ardelean on charges of reckless homicide and aggravated DUI in connection with the case. Investigators had closed the case in May, telling the family of the deceased men there was insufficient evidence to charge Ardelean. The investigation was reopened last month after video from the bar where Ardelean was drinking shortly before the accident surfaced on a local television station. Members of the Cook County state’s attorney’s office claimed they did not view the entire tape before it aired on television, and based on the full video, the prosecutors reopened the investigation. Both Ardelean and the families of the deceased dispute this account and contend the prosecutors had the full version of the video all along.
Ardelean is scheduled for arraignment on October 1st. We’ll continue to keep you updated on the developments with this very interesting case.
Teen Sentenced to Probation in Fatal DUI Crash
Also in the news this week: A Cook County Circuit Judge sentenced an 18 year-old teen from Melrose Park to 30 months of probation in connection with the fatal DUI crash in Oak Park that killed the teen’s father. The teen pled guilty to aggravated driving under the influence. The judge noted that ordinarily a prison sentence of 3 to 14 years is required in cases of aggravated DUI where a fatality has occurred, unless there are “extraordinary circumstances.” The judge stated that there were extraordinary circumstances in this case because the father has also legally intoxicated and asked his son to drive.
According to the state’s attorney’s office, the father offered his son, who was then 17, a beer. The two proceeded to drink several beers together at the father’s home in Melrose Park and at another residence in Cicero. The teen drove the family’s Ford Explorer home while his father slept in the passenger seat. The teen was driving 40-45 m.p.h. in a 25 mile zone when he hit a dip in the road and lost control, flipping the vehicle. The teen’s blood alcohol level was .164, slightly less than his father’s blood alcohol level of .168.
In addition to 30 months of probation, the teen has been ordered to perform community service.
If you have been accused of a violation of Illinois’ DUI laws, contact me for immediate assistance.
Officer Charged (Again) in Connection with Fatal Crash
In prior blog entries we followed the investigation involving Chicago police officer John Ardelean, who was initially charged with a misdemeanor count of drunk driving in connection with the Thanksgiving Day crash that killed two men from Cicero. At the time of his arrest Ardelean declined to take a field-sobriety test and did not submit to a blood alcohol test until nearly eight hours following the crash. Results of the blood alcohol test showed a blood alcohol concentration (BAC) of .032, well below the legal limit of .08. However, the prosecution’s investigator asserted that at the time of the crash, Ardelean’s BAC was .104 to .177. At the preliminary hearing, charges against Ardelean were dismissed due to lack of evidence.
Last week, following further investigation, the Cook County state’s attorney’s office did an abrupt about-face, indicting Ardelean on charges of reckless homicide and aggravated DUI in connection with the case. Investigators had closed the case in May, telling the family of the deceased men there was insufficient evidence to charge Ardelean. The investigation was reopened last month after video from the bar where Ardelean was drinking shortly before the accident surfaced on a local television station. Members of the Cook County state’s attorney’s office claimed they did not view the entire tape before it aired on television, and based on the full video, the prosecutors reopened the investigation. Both Ardelean and the families of the deceased dispute this account and contend the prosecutors had the full version of the video all along.
Ardelean is scheduled for arraignment on October 1st. We’ll continue to keep you updated on the developments with this very interesting case.
Teen Sentenced to Probation in Fatal DUI Crash
Also in the news this week: A Cook County Circuit Judge sentenced an 18 year-old teen from Melrose Park to 30 months of probation in connection with the fatal DUI crash in Oak Park that killed the teen’s father. The teen pled guilty to aggravated driving under the influence. The judge noted that ordinarily a prison sentence of 3 to 14 years is required in cases of aggravated DUI where a fatality has occurred, unless there are “extraordinary circumstances.” The judge stated that there were extraordinary circumstances in this case because the father has also legally intoxicated and asked his son to drive.
According to the state’s attorney’s office, the father offered his son, who was then 17, a beer. The two proceeded to drink several beers together at the father’s home in Melrose Park and at another residence in Cicero. The teen drove the family’s Ford Explorer home while his father slept in the passenger seat. The teen was driving 40-45 m.p.h. in a 25 mile zone when he hit a dip in the road and lost control, flipping the vehicle. The teen’s blood alcohol level was .164, slightly less than his father’s blood alcohol level of .168.
In addition to 30 months of probation, the teen has been ordered to perform community service.
If you have been accused of a violation of Illinois’ DUI laws, contact me for immediate assistance.
Friday, September 19, 2008
Operation Teen Safe Driving
Operation Teen Safe Driving is a statewide initiative spearheaded by the Illinois Department of Transportation’s (IDOT) Division of Traffic Safety designed to enlist teen drivers to teach safe driving skills to their peers. The program has been credited with a 52 percent reduction in teen driving fatalities in the State of Illinois in the first six months of 2008. Fatalities dropped from 82 in the first six months of 2007 to 39 in the first six months of 2008. The program, which is in its second year, is a joint effort between the Blagojevich administration, the Illinois’ Secretary of State’s office, the Ford Motor Company Fund and the Allstate Foundation.
Operation Teen Safe Driving utilizes a competition among high school students to design a community-based safe driving program targeting other teens. Over the past year, 104 high schools in Illinois have participated in the Operation Teen Safe Driving Program. Participating schools received $2,000 to implement their program. The school selected as having the best program received a $5,000 prize as well as $3,000 to continue their program. Second place schools in each region received $2,000 to continue their program, and third place schools in each region received $1,500 to continue their program.
The program, in conjunction with stringent laws aimed at teen drivers which went into effect in January, is designed to reduce the number of accidents involving teen drivers in Illinois. Effective January 1, 2008, a person under the age of 21 who is found guilty or granted court supervision for a violation of state law or local ordinance relating to illegal consumption, possession, purchase or receipt of alcohol, regardless of whether a vehicle was involved will face a loss of driving privileges, in addition to any fine imposed. Court supervision for any of these offenses will result in a 3 month suspension of driving privileges; a first conviction results in a 6 month suspension of driving privileges; a second conviction results in a 12 month suspension of driving privileges and a third or subsequent conviction will result in a revocation of driving privileges.
Operation Teen Safe Driving also involves the Illinois Liquor Control Commission (ILCC), which provides resources and information to schools about the dangers of underage drinking and driving. For further information on Operation Teen Safe Driving, visit: http://www.teensafedrivingillinois.org/
If you or your teen have been accused of driving under the influence or a violation of Illinois’ traffic laws, contact me for immediate assistance.
Operation Teen Safe Driving utilizes a competition among high school students to design a community-based safe driving program targeting other teens. Over the past year, 104 high schools in Illinois have participated in the Operation Teen Safe Driving Program. Participating schools received $2,000 to implement their program. The school selected as having the best program received a $5,000 prize as well as $3,000 to continue their program. Second place schools in each region received $2,000 to continue their program, and third place schools in each region received $1,500 to continue their program.
The program, in conjunction with stringent laws aimed at teen drivers which went into effect in January, is designed to reduce the number of accidents involving teen drivers in Illinois. Effective January 1, 2008, a person under the age of 21 who is found guilty or granted court supervision for a violation of state law or local ordinance relating to illegal consumption, possession, purchase or receipt of alcohol, regardless of whether a vehicle was involved will face a loss of driving privileges, in addition to any fine imposed. Court supervision for any of these offenses will result in a 3 month suspension of driving privileges; a first conviction results in a 6 month suspension of driving privileges; a second conviction results in a 12 month suspension of driving privileges and a third or subsequent conviction will result in a revocation of driving privileges.
Operation Teen Safe Driving also involves the Illinois Liquor Control Commission (ILCC), which provides resources and information to schools about the dangers of underage drinking and driving. For further information on Operation Teen Safe Driving, visit: http://www.teensafedrivingillinois.org/
If you or your teen have been accused of driving under the influence or a violation of Illinois’ traffic laws, contact me for immediate assistance.
Tuesday, September 2, 2008
Illinois DUI Headlines in the News
Chicago Police Officer John Ardelean Back in the News
Last week the Cook County State Attorney’s office announced that they were reopening the investigation into the fatal car crash involving Chicago police officer John Ardelean last Thanksgiving. In a prior blog entry I mentioned that Cook County Judge Donald Panarese ruled there was not enough evidence to support felony charges against Ardelean. Ardelean refused to take a field sobriety test at the scene of the crash and did not submit to a blood or breath test until nearly eight hours after the accident. At the time of testing, Ardelean’s blood alcohol level was .032; well below the legal limit of .08. A state police investigator offered the opinion that at the time of the crash, Ardelean’s blood alcohol level as .104 to .177.
The state attorney’s office continued to investigate the case even after Judge Panarese’s ruling, but in May decided there was insufficient evidence to file new charges. The office informed the families of the victims that they were dropping the case. However, the case was reopened last week after First Assistant State Attorney Bob Milan viewed videotape footage from the Martini Ranch bar where Ardelean had been drinking prior to the crash. Previously, Milan had viewed only a portion of the videotape footage. Footage from the bar had recently aired on local television stations showing Ardelean having a drink poured down his throat by a female patron and appearing to grab a beer on his way out of the bar.
According to Milan’s office, Milan had previously viewed a different, incomplete version of the security videotape from the bar. Ardelean’s defense team disputes this statement, saying there is only videotape from the bar and the state attorney’s office has had access to it since the week of the accident. Ardelean is currently on leave from the Chicago Police Department and is the subject of an internal police investigation. I’ll continue to update you on any new developments with this case.
Bus Driver Held on DUI Charge
A bus driver driving a Coach USA Megabus express bus from Chicago bound for Detroit was pulled over on Interstate 94 near the Michigan/Indiana border after a state trooper noticed the bus appeared to be weaving. The driver, a Chicago resident, failed a field sobriety test and was arrested and booked into Berrien County jail awaiting arraignment on drunk driving charges. Another driver from the bus line was brought in to drive the 30 passengers on the bus to Detroit.
If you hold a commercial driver’s license and are accused of a DUI law violation, be forewarned that a DUI conviction will impact your livelihood. If you are arrested for violating Illinois’ DUI laws, contact an experienced DUI attorney immediately. In order to preserve your rights, you should seek legal counsel without delay.
Last week the Cook County State Attorney’s office announced that they were reopening the investigation into the fatal car crash involving Chicago police officer John Ardelean last Thanksgiving. In a prior blog entry I mentioned that Cook County Judge Donald Panarese ruled there was not enough evidence to support felony charges against Ardelean. Ardelean refused to take a field sobriety test at the scene of the crash and did not submit to a blood or breath test until nearly eight hours after the accident. At the time of testing, Ardelean’s blood alcohol level was .032; well below the legal limit of .08. A state police investigator offered the opinion that at the time of the crash, Ardelean’s blood alcohol level as .104 to .177.
The state attorney’s office continued to investigate the case even after Judge Panarese’s ruling, but in May decided there was insufficient evidence to file new charges. The office informed the families of the victims that they were dropping the case. However, the case was reopened last week after First Assistant State Attorney Bob Milan viewed videotape footage from the Martini Ranch bar where Ardelean had been drinking prior to the crash. Previously, Milan had viewed only a portion of the videotape footage. Footage from the bar had recently aired on local television stations showing Ardelean having a drink poured down his throat by a female patron and appearing to grab a beer on his way out of the bar.
According to Milan’s office, Milan had previously viewed a different, incomplete version of the security videotape from the bar. Ardelean’s defense team disputes this statement, saying there is only videotape from the bar and the state attorney’s office has had access to it since the week of the accident. Ardelean is currently on leave from the Chicago Police Department and is the subject of an internal police investigation. I’ll continue to update you on any new developments with this case.
Bus Driver Held on DUI Charge
A bus driver driving a Coach USA Megabus express bus from Chicago bound for Detroit was pulled over on Interstate 94 near the Michigan/Indiana border after a state trooper noticed the bus appeared to be weaving. The driver, a Chicago resident, failed a field sobriety test and was arrested and booked into Berrien County jail awaiting arraignment on drunk driving charges. Another driver from the bus line was brought in to drive the 30 passengers on the bus to Detroit.
If you hold a commercial driver’s license and are accused of a DUI law violation, be forewarned that a DUI conviction will impact your livelihood. If you are arrested for violating Illinois’ DUI laws, contact an experienced DUI attorney immediately. In order to preserve your rights, you should seek legal counsel without delay.
Tuesday, August 26, 2008
Latest Developments in the Illinois DUI Law/HIPAA Conflict
Last week’s blog posting discusses Rockford Memorial Hospital’s refusal to perform a DUI blood draw without a court order. The hospital’s refusal sparked a debate over a conflict between Illinois’ Motor Vehicle Code and a patient’s rights under the Health Insurance Portability and Accountability Act (HIPAA). The conflict prompted a meeting this week with Winnebago County State’s Attorney, Rockford area hospitals and local police departments. An Illinois Department of Transportation (IDOT) Prosecutor also attended the meeting. The purpose of the meeting was to discuss the conflict in the laws and to work out some form of a compromise between the hospitals and local law enforcement.
The Illinois Prosecutor took the position that under Illinois Motor Vehicle law, a person involved in an accident resulting in a serious injury or death is subject to having their blood drawn for analysis, without the necessity of a court order. However, the hospitals took the position that in order to protect the privacy of their patients (and to absolve themselves of the potential for liability under HIPAA), a court order is required for a DUI blood draw.
The meeting lasted for over two hours. Two possible compromises resulted from the meeting: 1) A consent form acceptable to both sides was discussed. The IDOT Prosecutor indicated that other hospitals in Illinois are using signed releases that release the hospital from liability and confirm that the hospital has a legal basis for obtaining the non-consensual blood draw; 2) Police departments could hire specialists trained to draw blood. The IDOT Prosecutor stated police departments in other states employ phlebotomists to draw blood on the scene of the accident.
The parties did not set a date for a follow-up meeting, but indicated they would be working closely together to reach a compromise. I will keep you updated on any further developments.
In other news impacting Illinois drivers, the Illinois State Police has announced it will be implementing a new enforcement method over the upcoming Labor Day weekend. The program is called “Stay Alive on the I’s” and it involves special patrols over the holiday weekend. There will be a trooper stationed every 10 miles on interstates throughout Illinois, with additional troopers patrolling the Chicago metro area and tollways. The troopers will be on the alert for potential drunk drivers, speeding, seatbelt usage, improper lane changes, following too closely and construction zone violations.
Thanks for reading my blog. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you’ve been accused of a violation of Illinois’ driving under the influence or traffic laws, contact me for immediate assistance.
The Illinois Prosecutor took the position that under Illinois Motor Vehicle law, a person involved in an accident resulting in a serious injury or death is subject to having their blood drawn for analysis, without the necessity of a court order. However, the hospitals took the position that in order to protect the privacy of their patients (and to absolve themselves of the potential for liability under HIPAA), a court order is required for a DUI blood draw.
The meeting lasted for over two hours. Two possible compromises resulted from the meeting: 1) A consent form acceptable to both sides was discussed. The IDOT Prosecutor indicated that other hospitals in Illinois are using signed releases that release the hospital from liability and confirm that the hospital has a legal basis for obtaining the non-consensual blood draw; 2) Police departments could hire specialists trained to draw blood. The IDOT Prosecutor stated police departments in other states employ phlebotomists to draw blood on the scene of the accident.
The parties did not set a date for a follow-up meeting, but indicated they would be working closely together to reach a compromise. I will keep you updated on any further developments.
In other news impacting Illinois drivers, the Illinois State Police has announced it will be implementing a new enforcement method over the upcoming Labor Day weekend. The program is called “Stay Alive on the I’s” and it involves special patrols over the holiday weekend. There will be a trooper stationed every 10 miles on interstates throughout Illinois, with additional troopers patrolling the Chicago metro area and tollways. The troopers will be on the alert for potential drunk drivers, speeding, seatbelt usage, improper lane changes, following too closely and construction zone violations.
Thanks for reading my blog. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you’ve been accused of a violation of Illinois’ driving under the influence or traffic laws, contact me for immediate assistance.
Monday, August 18, 2008
Police and Hospital in Conflict Over HIPAA Compliance, Blood Draw
Wesley J. Hanson was charged this month with aggravated driving under the influence, disobeying a traffic signal and driving without a valid driver’s license following a fatal car crash in which a 17 year-old girl was killed. Witnesses stated that Hanson ran a red light. Hanson was transported to Rockford Memorial Hospital for treatment. As part of his medical treatment, Hanson had blood drawn, and according to the police, hospital staff informed the patrol officer of the results of the blood draw.
Sgt. Dave Jacobson of the Loves Park police arrived at the hospital about 45 minutes later and requested hospital staff to make another blood draw, sometimes called a DUI kit, for the purposes of the criminal investigation. According to police, the hospital declined to perform the separate blood draw, stating they already performed a blood draw on Hanson and that a court order must be obtained and faxed to risk management for review.
Police informed the hospital that they have a court order signed by a judge allowing them to take a sample of Hanson’s blood for forensic analysis and evidence. However, out of concern over the amount of time involved in having the hospital’s legal counsel review the order, the police instead decided to reroute the court order to the Winnebago County Jail, and transport Hanson to the jail for booking. During the course of booking, the DUI blood draw is performed; nearly two hours after the police initially requested the second blood draw at the hospital. The results of the DUI blood draw were not made public.
According to Rockford Memorial Hospital, the hospital fully complied with the law in that they took a sample of Hanson’s blood for the purpose of determining any drug or alcohol content. Illinois Motor Vehicle Code (625 ILCS 5/11-501.4-1) requires disclosure of the test results to police upon request. The police say that pursuant to section 11-501.6 of the Motor Vehicle Code, they do not need a court order and do not need to wait for legal review in order to obtain a DUI blood sample from a person who has been in a personal injury or fatal motor vehicle crash. Rockford Memorial Hospital and representatives from other hospitals state they do require a court order for a DUI blood draw.
A medical blood draw and a DUI kit blood draw involve different procedures. While hospitals have different procedures in conducting a medical blood draw, the procedures for a DUI kit blood draw are standardized. The DUI kit provides a sample that is preserved for trial and provides physical evidence for state crime lab testing or a sample to be used for independent testing by the defense.
Hospitals cite concern over the Health Insurance Portability and Accountability Act (HIPAA) and whether or not releasing the results to police without a court order is a violation of HIPAA. HIPAA is the privacy rule protecting certain individually identifiable health information. HIPAA regulates how certain entities, including hospitals, use and disclose protected health information. Violations of HIPAA can result in civil and criminal penalties.
The dispute between the Rockford Memorial Hospital and the police on whether or not a court order is required for a DUI kit blood draw is ongoing, with various lawmakers, hospital representatives and others voicing their opinions on the issue in the media.
Thanks for reading my blog. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you have been accused of a DUI or traffic violation in the Chicago area or the State of Illinois, contact me for immediate assistance.
Sgt. Dave Jacobson of the Loves Park police arrived at the hospital about 45 minutes later and requested hospital staff to make another blood draw, sometimes called a DUI kit, for the purposes of the criminal investigation. According to police, the hospital declined to perform the separate blood draw, stating they already performed a blood draw on Hanson and that a court order must be obtained and faxed to risk management for review.
Police informed the hospital that they have a court order signed by a judge allowing them to take a sample of Hanson’s blood for forensic analysis and evidence. However, out of concern over the amount of time involved in having the hospital’s legal counsel review the order, the police instead decided to reroute the court order to the Winnebago County Jail, and transport Hanson to the jail for booking. During the course of booking, the DUI blood draw is performed; nearly two hours after the police initially requested the second blood draw at the hospital. The results of the DUI blood draw were not made public.
According to Rockford Memorial Hospital, the hospital fully complied with the law in that they took a sample of Hanson’s blood for the purpose of determining any drug or alcohol content. Illinois Motor Vehicle Code (625 ILCS 5/11-501.4-1) requires disclosure of the test results to police upon request. The police say that pursuant to section 11-501.6 of the Motor Vehicle Code, they do not need a court order and do not need to wait for legal review in order to obtain a DUI blood sample from a person who has been in a personal injury or fatal motor vehicle crash. Rockford Memorial Hospital and representatives from other hospitals state they do require a court order for a DUI blood draw.
A medical blood draw and a DUI kit blood draw involve different procedures. While hospitals have different procedures in conducting a medical blood draw, the procedures for a DUI kit blood draw are standardized. The DUI kit provides a sample that is preserved for trial and provides physical evidence for state crime lab testing or a sample to be used for independent testing by the defense.
Hospitals cite concern over the Health Insurance Portability and Accountability Act (HIPAA) and whether or not releasing the results to police without a court order is a violation of HIPAA. HIPAA is the privacy rule protecting certain individually identifiable health information. HIPAA regulates how certain entities, including hospitals, use and disclose protected health information. Violations of HIPAA can result in civil and criminal penalties.
The dispute between the Rockford Memorial Hospital and the police on whether or not a court order is required for a DUI kit blood draw is ongoing, with various lawmakers, hospital representatives and others voicing their opinions on the issue in the media.
Thanks for reading my blog. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you have been accused of a DUI or traffic violation in the Chicago area or the State of Illinois, contact me for immediate assistance.
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