As reported by top DUI defense lawyer Don Ramsell on May 8, 2009, an Illinois Judge has just ruled that ALL blood tests intended to be used by the state as evidence of intoxication in drunk driving cases are now inadmissible.
In a consolidation of 5 police blood alcohol DUI cases, Judge Dockery of DuPage County granted the defendants’ motion to suppress the blood alcohol results in all 5 for the following reasons:
1) There are insufficient ISP Rules in place governing blood tests, such as rules for approved devices (none), device accuracy (none), methods of analysis (none), maintaining repair records (none) etc. In the absence of passage of more ISP rules, ALL blood tests are now suppressed (yes, this applies to everyone!)
2) The use of DUI kits containing povidone-iodine swabs, which are contaminated with minute amounts of alcohol, are inadmissible under both the new and old ISP rules (yes, all of the police kits have bad swabs!)
This stunning victory came after a hearing that had been ongoing for over 18 months. It involved some 45 plus exhibits, hundreds of pages of documents, plus many thousands of dollars in expert’s fees and testimony.