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Chemical Testing in Illinois

Three chemical tests may be requested in DUI cases and include blood, urine and breath. The person being tested may refuse any or all of the tests. Only a certified physician, registered nurse, trained phlebotomist or certified paramedic may withdraw the blood needed for the blood test. These limitations do not apply to urine and breath tests. The Department of State Police oversees the standards and methods of the chemical tests. The person being tested may have their own physician, qualified technician, chemist, registered nurse, or other qualified person perform the test in addition to any tests performed by the law enforcement agency.

At trial, the results from chemical tests give rise to three presumptions, (1) a BAC of 0.05 or less leads to the presumption that the person was not under the influence of alcohol; (2) a BAC of more than 0.05 but less than 0.08 may only be considered in light of other evidence in determining intoxication and (3) a BAC of 0.08 or more leads to the presumption that the person was under the influence of alcohol.

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