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Joliet DUI Defense Attorney Addressing Warrantless Blood Draws in Drunk Driving Cases

In Illinois, a DUI arrest can occur when an officer believes that someone is driving under the influence of alcohol or marijuana or when an officer has probable cause that a person is driving under the influence of any controlled substance. Currently, most breath analysis equipment is only able to determine the presence and/or amount of alcohol in a driver's system. In order to determine whether or not a suspected drunk driver has any other controlled substance in their system (e.g., cocaine, heroin, methamphetamine, benzodiazepines, etc.), an officer will normally request that the driver submit to blood testing at a hospital ("blood draw"). Understanding the legal issues related to these blood draws can be a complex process.

At Issa Law, LLC, we have experience representing clients in multiple types of DUI cases, and we can determine the role that blood tests and other forms of evidence will play in a case. We can help our clients take steps to address these issues correctly, and by challenging evidence or responding to the prosecution's arguments, we can help defend against DUI convictions.

Blood Draws and Fourth Amendment Rights

The United States Supreme Court has held that breath analysis testing is not subject to Fourth Amendment protection, while blood testing is subject to that protection. This is important, because if testing is subject to Fourth Amendment protection, law enforcement will be required to obtain a search warrant issued by a judge for any testing. There are many exceptions to this warrant requirement. For the purposes of this topic, the exception to the warrant requirement that has the most impact is called exigency.

Under both federal and state law, if the police have an exigent circumstance, then they are not required to obtain a warrant. For instance, if police see a gunshot victim run into their own home, police can enter that home because there is a risk of an immediate loss of life. No court would require that the officers stop their investigation to obtain a warrant while risking that the gunshot victim may die during the process.

Turning back to DUI blood draws, because this form of testing is protected under the Fourth Amendment, police must either obtain a warrant for such a draw or establish that there are exigent circumstances. In the past, police have argued that exigency exists by the very fact that alcohol dissipates over time, and the process of obtaining a warrant for a DUI suspect would lead to a "destruction of evidence." That is, the suspect's blood alcohol content will decrease during the period when the police are obtaining a warrant.

In Missouri v. McNeely, the United States Supreme Court expressly rejected this argument. Among their reasons, the Supreme Court noted that with today's technological advances, the process of obtaining a warrant can and should be streamlined, making the "possible destruction of evidence" argument unpersuasive. The Supreme Court did not outright ban warrantless blood draws, however. They noted that each individual situation must be judged on a case-by-case basis.

Illinois Law Regarding Blood Draws

Prior to the Supreme Court's decision, Illinois had a law that dictated that when police have probable cause that a person is driving under the influence of alcohol or any controlled substance, and that driver caused an accident leading to the death or great bodily harm of someone else, the officer must request, and the driver must submit to, a blood draw. This was without regard to any attempt to obtain a search warrant and did not address any exigencies that may have existed in these situations. In essence, this was a law that ran contrary to the Supreme Court's decision in Missouri v. McNeely.

That changed on December 26, 2017 when an Illinois Appellate Court was faced with a case where Chicago police officers forcibly drew blood from a person suspected of driving under the influence after a hit-and-run leading to the death of one person and permanent injury to another. In this case, the Appellate Court held that the statute that authorized this involuntary blood draw was unconstitutional under McNeely because it did not require a warrant, and the fact that death or injury occurs does not, in and of itself, create an exigency. Based on this holding, the Appellate Court ordered that the defendant's conviction for first degree murder should be overturned. It is important to note that the Appellate Court was faced with the question of constitutionality in non-consensual blood draws. A driver consenting to a blood draw will waive the warrant and/or exigency requirements under the Fourth Amendment.

This decision has resolved the conflict that existed in Illinois regarding non-consensual blood draws without a warrant since the McNeely decision. Because the statute was held to be unconstitutional, the Illinois Supreme Court will surely be reviewing the matter in the future. It will only be a matter of time until we learn whether the Illinois Supreme Court agrees with the Appellate Court's reasoning or whether the Illinois Supreme Court will determine that, because the statute authorizing such a blood draw is administrative in nature, the law is not unconstitutional.

Contact Our Will County DUI Defense Lawyer

If you are facing DUI charges, we can help you determine whether evidence obtained through BAC testing is admissible in your case. For legal help defending against DUI charges, contact us at 708-966-2408 and schedule a complimentary consultation.

[1] Birchfield v. North Dakota, 579 U.S. ___ (2016)

[2] Missouri v. McNeely, 569 U.S. 141 (2013)

[3] 625 ILCS 5/11-501.2(c)(2)

[4] People v. Eubanks, 2017 IL App (1st) 142837