Illinois General Assembly - Illinois Compiled Statutes

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625 ILCS 5/11-501.2

(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)

Sec. 11-501.2. Chemical and other tests.

(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11-501 or a similar local
ordinance or proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath or other bodily substance, shall be admissible.  Where such test
is made the following provisions shall apply:

1. Chemical analyses of the person's blood, urine,

breath or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, certified paramedic, or other individual possessing a valid permit issued by that Department for this purpose.  The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe regulations as necessary to implement this Section.

2. When a person in this State shall submit to a

blood test at the request of a law enforcement officer under the provisions of Section 11-501.1, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, trained phlebotomist, or certified paramedic, or other qualified person approved by the Department of State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens.

When a blood test of a person who has been taken to

an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist acting under the direction of the physician, or certified paramedic. The law enforcement officer requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a laboratory certified by the Department of State Police for that purpose.

3. The person tested may have a physician, or a

qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer.  The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

4. Upon the request of the person who shall submit to

a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person's attorney.

5. Alcohol concentration shall mean either grams of

alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:

1. If there was at that time an alcohol concentration

of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.

2. If there was at that time an alcohol concentration

in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

3. If there was at that time an alcohol concentration

of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.

4. The foregoing provisions of this Section shall not

be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.

(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11-501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.

2. 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, the law enforcement officer shall request, and 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.

This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11-501.1 of this Code.

3. For purposes of this Section, a personal injury includes any Type A
injury as indicated on the traffic accident report completed by a law
enforcement officer that requires immediate professional attention in either a
doctor's office or a medical facility.  A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that require the injured
party to be carried from the scene.

(Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; 97-813, eff. 7-13-12.)