People v. Mueller

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2021 IL App (2d) 190868
Decision Date: 
Monday, April 19, 2021
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Affirmed.
Justice: 
BIRKETT

(Opinion modified 5/6/21.) Defendant caused a motor vehicle accident, and was convicted of 2 counts of aggravated DUI and 1 count of aggravated driving with an alcohol concentration of 0.08 or more. Court did not err by admitting the results of 2 blood alcohol tests from blood draws that all had been taken in a hospital ER after the accident. Court properly denied Defendant's motion to suppress as to the medical blood draw because Defendant failed to show that the draw was carried out by State actors.Thus, Defendant failed to make a prima facie case that the draw violated 4th amendment. Even if the administrative blood draw was improperly admitted, the results from that draw were cumulative to results from medical blood draw, which were properly admitted. As medical blood draw test established that Defendant's blood-alcohol concentration was well above legal limits, results of that test alone conclusively proved that Defendant drove with an alcohol concentration of 0.08 or more. (McLAREN and SCHOSTOK, concurring.)