The trend of seeking blood warrants in DUI case is growing across the nation. Traditionally, people arrested for a DUI in Illinois were allowed to exercise their right to refuse a search of their breath, blood, or urine without fearing the police would hold them down and take their blood against their will. The No Refusal Weekend policy in Illinois is changing that trend in Illinois, and across the nation. Our Carbondale, IL DUI attorneys want you to understand your rights, and how to exercise them.
Blood warrants are simply the warrants that courts issue that allow police to draw your blood against your will. The government believes that if your blood is drawn in a DUI in Illinois case you are more likely to plead guilty than to stand up for your rights in court. The forced blood draws is the government’s way of getting you to plead guilty without hiring a qualified Carbondale, IL DUI attorney to defend you.
Blood warrants can only issue after the police have shown probable cause to a judge that you are guilty of a DUI in Illinois. We can, however, challenge the basis for that probable cause in a pre-trial hearing. If we can show the judge that the information that made him believe that probable cause existed at the time he signed the warrant, then the evidence should be thrown out and not used against you.
Just because the police take a blood sample does not mean that the results of that sample are any more reliable than if you had blown into a breath machine. In fact, there is a growing number of a DUI attorneys across the nation that believe the blood results can even be less reliable due to a number of factors including the number of people that have to handle that evidence, the manner in which the blood is stored, the manner in which the blood is transported, and the scientific processes used to evaluate the blood sample.
Crime labs all across the nation are seeing scandal after scandal unfold because the technicians charged with testing the evidence did not properly clean the machines used to test evidence properly, lacked the necessary knowledge or ability to handle the evidence as required by the courts, or simply did poor quality work in order to turn out higher volumes of work and earn promotions.
Just because your blood was drawn in a DUI in Illinois does not mean you will automatically be convicted of anything – even if that was done because of a blood warrant. Contact Carbondale, IL DUI attorneys at the Law Office of Brian Roberts right now for a free, confidential case review. You only have a limited time to challenge your driver’s license suspension. Contact us right now!