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On August
21, 2011, Governor Pat Quinn signed a change into Illinois DUI law which requires
that a police officer request chemical tests from a suspected DUI driver if the
officer has probable cause to believe that alcohol or drugs were a factor in an
accident which led to severe injury or death.
Under the
prior law, the officer had discretion over whether to require the tests. The new law makes it
mandatory. In cases of extreme injury or death, you may
not have a right to refuse the test. The
definition of extreme injury includes severe bleeding wounds, distorted
extremities or wounds requiring that someone be carried from the scene.
If you are
charged with DUI involving an accident, you should contact an experienced
criminal or DUI law attorney immediately.
Even if you were forced to submit to chemical testing, an attorney may
be able to help. The police still must
prove probable cause before requiring the test.
As with any
criminal matter, do not speak about your case to anyone. Any statements you make may
complicate your
defense later.
If you have questions about this
or
another related criminal or traffic matter, please contact Matt Keenan at
847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie,
Matt
Keenan also serves the communities of Arlington Heights, Chicago, Deerfield,
Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles,
Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
