Illinois Appellate Court
Criminal Court
DUI
Police officer sprayed Defendant with pepper spray while arresting him for DUI, and Defendant was then taken to hospital for treatment of eye. Blood was drawn for testing of heart issues, and court ordered hospital to release blood samples for blood alcohol testing by ISP lab; testing was done three weeks after arrest. Court properly barred use of BAC evidence, finding that blood had not been collected and stored per Administrative Code regulations requiring that blood collection tubes contain preservatives. Issue of failure to comply with that regulation requires inquiry into scientific basis for it. Defendant made no speedy-trial demand, and thus no speedy trial period, for either initial charges or later-brought BAC charge, could run. (BOWMAN and BIRKETT, concurring.)