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People v. Jones2/3/2005
Docket No. 97710-Agenda 18-September 2004.
Defendant was arrested for driving under the influence of alcohol (DUI). Afterward, hospital personnel administered blood and urine tests at the request of the arresting officer, but without defendant's consent. In defendant's DUI proceedings, he moved to suppress the results of the blood and urine tests on the ground the tests were nonconsensual. The circuit court granted defendant's motion and ordered suppression of the test results. The State appealed, and the appellate court affirmed the suppression order. This court granted the State's petition for leave to appeal. The issue before us is whether section 11-501.2 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-501.2 (West 2002)) grants a statutory right to refuse chemical testing to a DUI arrestee in a situation not involving the death or personal injury of another. We hold it does not and reverse and remand.
BACKGROUND
Defendant James Jones was involved in a car accident on April 3, 2002. The accident did not result in the death or personal injury of another party. When the police officer responding to the accident asked defendant to perform field sobriety tests, defendant complained of pain in his sternum and was transported to Elmhurst Hospital. Defendant stated he would not consent to a blood draw or urine sample. At the hospital, the officer read the warning to motorist document to defendant, informing him of the consequences of refusing to submit to chemical testing. The hospital did not request blood or urine samples for defendant's medical treatment. Although defendant continued to object to the taking of the samples, he said he would not physically resist their collection. Defendant provided a urine sample to the officer, and at the officer's direction, a hospital phlebotomist obtained a blood sample. The samples were then analyzed for alcohol and drug content.
On April 25, 2002, a bill of indictment was issued charging defendant with four counts of aggravated driving while under the influence of alcohol (625 ILCS 5/11-501(a)(4), (a)(5), (a)(6), (c-1)(3) (West 2002)) and one count of aggravated driving while license revoked (625 ILCS 5/6-303(a), (d) (West 2002)). On June 6, 2002, he filed a motion in the circuit court of Du Page County to suppress the results of his blood and urine tests, arguing the test results were inadmissible as evidence against him because his blood and urine were taken without his consent and were not taken in the course of providing him with medical treatment.
On June 26, 2002, the circuit court granted defendant's motion to suppress on the ground that section 11-501.2(c)(2) of the Vehicle Code prohibited the tests. Section 11-501.2(c)(2) provides:
"Notwithstanding any ability to refuse under this Code to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of both." 625 ILCS 5/11-501.2(c)(2) (West 2002).
In a memorandum opinion, the circuit court reasoned that section 11-501.2(c)(2) clearly implies that "there is an ability to refuse to submit to the testing required under the [Vehicle] Code" and that in DUI arrest
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