McElwain v. Office of the Secretary of State

Police requested that Plaintiff submit to chemical testing for impairment nearly 48 hours after Plaintiff's vehicle collided with oncoming motor bike, seriously injuring motor bike driver and killing bike's passenger. Court properly found Section 11-501.6 of Illinois Vehicle Code unconstitutional as applied to Plaintiff. While there is essential nexus between the State’s interest in protecting the public from intoxicated drivers and requiring a driver’s consent to a chemical test when he is arrested for a moving violation shortly after his involvement in a serious accident, there is clearly not such a nexus between that legitimate state interest and a chemical test remote in time from the accident. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)