People v. Pratt

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2018 IL App (5th) 170427
Decision Date: 
Saturday, December 22, 2018
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
CHAPMAN

After Defendant was involved in auto accident, a detective directed medical personnel to draw Defendant's blood for chemical testing while he was unconscious. Defendant was later charged with aggravated DUI. As neither exigent circumstances nor implied consent applied, no recognized exception to requirement of a warrant was applicable. Thus, the warrantless blood draw violated the 4th amendment. Thus, court correctly suppressed evidence of test results. (WELCH and GOLDENHERSH, concurring.)