Court Rules on Forced Chemical Testing in DUI Murder Case
A citizen’s right to personal privacy and the law enforcement community’s use of probable cause frequently run opposed to one another when officers attempt to apply the tool during the course of an investigation. A case heard on appeal late last year sought to clarify the matter as it involved the conviction of one man who was alleged to be driving under the influence (DUI) when he struck and killed a pedestrian.
Forced Compliance with Drug Test Ruled Unconstitutional
In hearing the case , a majority of justices on the Appellate Court found that police committed a series of procedural errors in collecting evidence from a suspect in a vehicular homicide. The court ruled that a section of the Illinois law on DUI testing was unconstitutional. In issuing their ruling, they stated that if a suspect does not consent to a request for a blood or urine sample, police officers must secure a warrant to compel the suspect’s cooperation. In issuing their ruling, the appeals court overturned the defendant’s conviction on murder charges and sent the case back to the lower court for retrial.
How We Arrived at This Point
In 2009, a man was arrested after hitting and killing a pedestrian while suspected of driving under the influence. As he laid in a hospital bed, police instructed the man to provide a blood or urine sample for testing of alcohol and illegal substances. When he refused, police informed him that state law required him to cooperate. He did so, reluctantly, only after a nurse approached with a catheter.
A positive test result showing the presence of marijuana, cocaine, and Ecstasy was used to convict the driver of first-degree murder, aggravated DUI, and failing to report an accident. He received a 40 year jail sentence as a result.
Rely on the Counsel of an Aggressive Joliet DUI Defense Attorney
If you have been arrested for charges related to drunk driving, the counsel of a knowledgeable Will County DUI criminal defense lawyer will ensure your treatment abides by the rights and laws applicable to the circumstances. The Law Offices of Jack L. Zaremba offers counsel gained through years of relevant experience, in-depth knowledge of DUI laws, and access to applicable diversion programs clients will find most beneficial. Contact our offices today at 815-740-4025 to schedule a free initial consultation to discuss the charges you face and details of your case.