Illinois DUI attorneys will tell you that implied consent laws with respect to driving make it difficult to refuse a blood alcohol test. As LawBrain explains, implied consent means that motorists agree to submit to a drug or alcohol test if stopped on suspicion of impairment, "or face revocation or suspension" of one's license.
Still, motorists often refuse to submit to such a test and forcing someone to blow into a breathalyzer machine is virtually impossible.
However, as with the case of suspected DUI offender Donald E. Rericka, reported by the Daily Herald, a forced blood draw can be ordered by way of a search warrant.
According to the article, 47-year-old West Chicago resident Rericka crashed his pickup truck into a couple of trees and a garbage can in downtown St. Charles, seriously injuring a woman who was hit by one of the trees as she strolled down the sidewalk. Rericka refused sobriety tests immediately following the crash.
Officers had a warrant for a blood draw four hours later, the Daily Herald reports, prompting Rericka to finally submit to a less-invasive breathalyzer test instead. Police spokesman Paul McCurtain, quoted in the article, told reporters it was likely the first time a Kane County police department took such measures:
"It looked like it was going to be a refusal. But as soon as the driver was given the search warrant and the choice of breath or blood, he elected to give breath."
Even four hours after the crash, the article states, police say Rericka's BAC exceeded the legal limit of 0.08 percent. He was charged with an aggravated DUI (a felony), cannabis possession and drug paraphernalia possession.
Related Resources:
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Illinois DUI Law (FindLaw)
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Directory of Chicago DUI Lawyers (FindLaw)
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