Defendant refused to submit to breath test after his DUI arrest, where he hit a motorcyclist who sustained massive leg injury resulting in partial amputation of leg. Defendant was taken to hospital where samples of his blood were drawn without warrant or consent. Test results shown BAC over twice the legal limit of 0.08. Court properly denied Defendant's motion to suppress test results, as good-faith exception to exclusionary rule was applicable. At time of Defendant's arrest, binding precedent of Illinois Supreme Court's 2005 Jones decision held that Section 11-501.2(c)(2) of Vehicle Code clearly allowed for warrantless, nonconsensual blood draws in all DUI cases. Section 11-5-1.2(c)(2) is constitutional as written, and Defendant's blood was drawn solely on basis of Jones court's interpretation of statute.(WELCH and GOLDENHERSH, concurring.)
Illinois Appellate Court
Criminal Court
Aggravated DUI