An opinion piece written by a Chicago DUI lawyer and published by FindLaw decries an Illinois bill that would give police more leeway to use "reasonable force" in order to get blood draws from suspected drunk drivers. The bill which allows for a forced DUI blood draw, HB 4969, currently is pending before the rules committee.
If passed, the law would require hospitals to comply with an officer's warrant for a blood draw from a suspected impaired driver.
The author of the piece insists that if it becomes law, it will "[set] aside long-established patient consent rights to facilitate prosecutions." It's currently a gray area of law, as patient consent usually is required before a blood sample may be obtained.
Supporters of the bill point to the fact that those who refuse to take a breathalyzer test or submit to blood draw after being stopped on suspicion of a DUI face an automatic license suspension. Repeat offenders can face a suspension of up to three years.
That means repeat offenders who otherwise might face a much harsher penalty for a DUI conviction arguably get a pass just by refusing to be screened for intoxication. The law firm's opinion piece referenced above acknowledges this, but states that it may lead to a fractured relationship between law enforcement and medical professionals:
Upsetting longstanding tradition to help police with traffic law enforcement may lead to distrust of the medical profession with dangerous collateral consequences. Moreover, forcibly drawing blood may lead to patient injuries and legal claims for compensation.
While Texas has passed such a law, the author states that some lawyers have challenged its application on the basis of the Fourth Amendment protection from unreasonable search and seizure.
And even if the law were to pass, health professionals likely would challenge it since doctors can't force patients to submit to blood draws. Chicago DUI lawyers no doubt are watching the progress of this legislation very closely.
Related Resources:
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Should I Take a Blood Test or a Breathalyzer Test if I am Asked? (FindLaw's ABA Family Legal Guide)
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The Right of Police Officers to Draw Blood: Arguments and Appeals in TX (FindLaw's KnowledgeBase)
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Find a Chicago DUI Attorney (FindLaw)
