Defendant was charged with DUI after a single-vehicle motorcycle accident. Defendant filed motion to suppress results of a blood-alcohol analysis that was done at hospital on night of accident, contending that blood draw was an unlawful search. Filing of a motion to suppress does not establish that a search took place. Defendant bore burden, at suppression hearing, to show that his blood was drawn but he failed to offer any evidence to establish that fact, and thus failed to establish that element of his prima facie case. No evidence was shown that any individual who may have drawn Defendant's blood did so while acting at the behest, or under the influence, of the police. Even if blood was drawn from Defendant at hospital, it was a private search that did not implicate the 4th amendment.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and THEIS, concurring.)
Illinois Supreme Court
Criminal Court
DUI