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Admission of Evidence of DUI in Illinois

Horizontal gaze nystagmus test results may not be admitted by the prosecution to prove that the person was intoxicated, but only that intoxication was possible. Further, officers may only testify as to the test unless it is to show that the officer was trained and qualified to operate the machine.

Portable breath test results are generally not admissible at trial by the prosecution to prove intoxication, only to show probable cause. However, evidentiary breath test results are admissible. Evidence that the test was performed properly, by a qualified officer and on properly operating equipment is admissible.

The results of a pupillometer test may be used by the defendant.

Chemical test results may be admitted in to evidence.

Prior convictions of 11-501 may be admitted in to evidence

The condition of the testing equipment, qualification of the test administrator and the methods of testing may be admitted into evidence for all chemical tests.


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