Legal Question in DUI Law in Illinois

Does passenger in vehicle have to do a blood test?

Does a passenger in a vehicle involved in an accident have to submit to a Blood Alcohol Test at hospital? If not, but blood is taken anyway and hospital personnel know the results, is this information passed on to law enforcement?


Asked on 7/28/03, 9:37 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Does passenger in vehicle have to do a blood test?

I do not see how your information is relevant to the drunk driver. I would also state that I do not know of any law that allows your blood to be taken as a passenger for alcohol purposes. You only have a problem if you're taken to court.

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Answered on 7/29/03, 2:54 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Does passenger in vehicle have to do a blood test?

What an interesting question. Kind of negates the Designated Driver routine. There is a search and seizure problem here for sure. I don't know what would happen to a blood sample; however, if charges are brought againt the passenger, I suspect that a Motion to Quash would be warranted. Why don't you consult an attorney now??

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Answered on 7/29/03, 11:12 am


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