20 Illinois opinions name it 2 courts 1999–2025 4 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Missouri v. McNeelygreen2 sentences2019A plurality of the Supreme Court, when deciding the constitutionality of the blood draw, did not answer the broader question of the constitutionality of implied consent laws but, rather, answered the narrower question of “ ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’ ” Id. at ___ n.5, 139 S. Ct. at 2546 n.5. ¶ 109 The Mitchell plurality first reaffirmed that a warrantless BAC test may not be legally obtained when the only exigency is dissipation of alcohol in the blood. - 43 - Rather, the pluralit 2016Ct. App. 1985); State v. Milligan, 748 P.2d 130, 136 (Or. 1988) (en banc); see also McNeely, 569 U.S. at ___ , 133 S. Ct. at 1575-76 (Thomas, J., dissenting) (defending the per se rule by analogizing Schmerber and Cupp). ¶ 22 In Todd, in consolidated cases, our supreme court affirmed the suppression of BAC test results derived from warrantless, nonconsensual blood draws taken from hospitalized DUI suspects at the direction of law enforcement. | 4 | 6 |
Village of Bull Valley, Illinois v. Winterpachtgreen2 sentences2022See Winterpacht, 2012 IL App (2d) 101192, ¶ 13 (holding that, when a BAC test result is above the statutory limit and “a reasonable amount of time elapses between when the defendant was driving and the test, extrapolation evidence is permissible but is not a foundational requirement”); Torruella, 2015 IL App (2d) 141001, ¶¶ 41-42 (same). 2022See Winterpacht, 2012 IL App (2d) 101192, ¶ 13 (holding that, when a BAC test result is above the statutory limit and “a reasonable amount of time elapses between when the defendant was driving and the test, extrapolation evidence is permissible but is not a foundational requirement”); Torruella, 2015 IL App (2d) 141001, ¶¶ 41-42 (same). | 2 | 2 |
People v. Torruellagreen2 sentences2022See Winterpacht, 2012 IL App (2d) 101192, ¶ 13 (holding that, when a BAC test result is above the statutory limit and “a reasonable amount of time elapses between when the defendant was driving and the test, extrapolation evidence is permissible but is not a foundational requirement”); Torruella, 2015 IL App (2d) 141001, ¶¶ 41-42 (same). 2022See Winterpacht, 2012 IL App (2d) 101192, ¶ 13 (holding that, when a BAC test result is above the statutory limit and “a reasonable amount of time elapses between when the defendant was driving and the test, extrapolation evidence is permissible but is not a foundational requirement”); Torruella, 2015 IL App (2d) 141001, ¶¶ 41-42 (same). | 2 | 2 |
Schmerber v. Californiagreen2 sentences2021Rather, the plurality held, “exigency exists when (1) BAC evidence is dissipating and (2) some other factor creates pressing health, safety, or law enforcement needs that would take priority over a warrant application.” Id. at ___, 139 S. Ct. at 2537 ; see Schmerber v. California, 384 U.S. 757, 770 (1996); Missouri v. McNeely, 569 U.S. 141, 150-51 (2013). 2019A plurality of the Supreme Court, when deciding the constitutionality of the blood draw, did not answer the broader question of the constitutionality of implied consent laws but, rather, answered the narrower question of “ ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’ ” Id. at ___ n.5, 139 S. Ct. at 2546 n.5. ¶ 109 The Mitchell plurality first reaffirmed that a warrantless BAC test may not be legally obtained when the only exigency is dissipation of alcohol in the blood. - 43 - Rather, the pluralit | 2 | 2 |
State v. Milligangreen2 sentences2016Ct. App. 1985); State v. Milligan, 748 P.2d 130, 136 (Or. 1988) (en banc); see also McNeely, 569 U.S. at ___ , 133 S. Ct. at 1575-76 (Thomas, J., dissenting) (defending the per se rule by analogizing Schmerber and Cupp). ¶ 22 In Todd, in consolidated cases, our supreme court affirmed the suppression of BAC test results derived from warrantless, nonconsensual blood draws taken from hospitalized DUI suspects at the direction of law enforcement. 2016Ct. App. 1985); State v. Milligan, 748 P.2d 130, 136 (Or. 1988) (en banc); see also McNeely, 569 U.S. at ___ , 133 S. Ct. at 1575-76 (Thomas, J., dissenting) (defending the per se rule by analogizing Schmerber and Cupp). ¶ 22 In Todd, in consolidated cases, our supreme court affirmed the suppression of BAC test results derived from warrantless, nonconsensual blood draws taken from hospitalized DUI suspects at the direction of law enforcement. | 2 | 2 |
People v. Emrichgreen2 sentences2011People v. Murphy, 108 Ill.2d 228, 236 , 91 Ill.Dec. 653 , 483 N.E.2d 1288 (1985); see also Emrich, 113 Ill.2d at 351 , 101 Ill.Dec. 632 , 498 N.E.2d 1140 (both involving the offense of reckless homicide). 2011People v. Murphy, 108 Ill.2d 228, 236 , 91 Ill.Dec. 653 , 483 N.E.2d 1288 (1985); see also Emrich, 113 Ill.2d at 351 , 101 Ill.Dec. 632 , 498 N.E.2d 1140 (both involving the offense of reckless homicide). | 2 | 2 |
People v. Murphygreen2 sentences2011People v. Murphy, 108 Ill.2d 228, 236 , 91 Ill.Dec. 653 , 483 N.E.2d 1288 (1985); see also Emrich, 113 Ill.2d at 351 , 101 Ill.Dec. 632 , 498 N.E.2d 1140 (both involving the offense of reckless homicide). 2011People v. Murphy, 108 Ill.2d 228, 236 , 91 Ill.Dec. 653 , 483 N.E.2d 1288 (1985); see also Emrich, 113 Ill.2d at 351 , 101 Ill.Dec. 632 , 498 N.E.2d 1140 (both involving the offense of reckless homicide). | 1 | 2 |
People v. Bushgreen1 sentence2025Our supreme court has held that “when a defendant procures, invites, or acquiesces in the admission of evidence, even though the evidence is improper, he cannot contest the admission on appeal.” People v. Bush, 214 Ill. 2d 318, 332 (2005). | 1 | 1 |
People v. Watkinsgreen2 sentences2020See People v. Watkins, 2019 IL App (4th) 180605, ¶ 39 , reh'g denied (Nov. 6, 2019). 2020See People v. Watkins, 2019 IL App (4th) 180605, ¶ 39 , reh'g denied (Nov. 6, 2019). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mitchell v. Wisconsin
green
2 sentences2021A plurality of the Supreme Court, when deciding the constitutionality of the blood draw, did not answer the broader question of the constitutionality of implied consent laws but, rather, answered the narrower question of “ ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’ ” Id. at ___ n.5, 139 S. Ct. at 2546 n.5. ¶ 109 The Mitchell plurality first reaffirmed that a warrantless BAC test may not be legally obtained when the only exigency is dissipation of alcohol in the blood. 2021A plurality of the Supreme Court, when deciding the constitutionality of the blood draw, did not answer the broader question of the constitutionality of implied consent laws but, rather, answered the narrower question of “ ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’ ” Id. at ___ n.5, 139 S. Ct. at 2546 n.5. ¶ 109 The Mitchell plurality first reaffirmed that a warrantless BAC test may not be legally obtained when the only exigency is dissipation of alcohol in the blood. | 2 | 2019–2021 |
People v. Floyd
green
2 sentences2021However, relying on People v. Floyd, 2014 IL App (2d) 120507 , the court found that, because retrograde extrapolation would be inherently unreliable, the prejudicial effect of the BAC test result substantially outweighed any probative value. 2021However, relying on People v. Floyd, 2014 IL App (2d) 120507 , the court found that, because retrograde extrapolation would be inherently unreliable, the prejudicial effect of the BAC test result substantially outweighed any probative value. | 2 | 2014–2021 |
People v. Todd
green
2 sentences2016Todd, 59 Ill. 2d at 536-46 . 2016Todd, 59 Ill. 2d at 536-46 . | 2 | 2016–2016 |
State v. Eighth Judicial District Court ex rel. County of Clark
green
2 sentences2014Turning to the case before it, the Nevada Supreme Court noted that experts calculated the defendant’s BAC on factors attributed to the “average person” and “various hypothetical situations.” Id. 2014Turning to the case before it, the Nevada Supreme Court noted that experts calculated the defendant’s BAC on factors attributed to the “average person” and “various hypothetical situations.” Id. | 2 | 2014–2014 |
People v. Ethridge
green
2 sentences2003Provided the State can show that it was defendant’s blood that was used to determine defendant’s BAC, then such BAC test results may be introduced under section 11 — 501.4 if the other criteria for admissibility set forth in that section are met.” (Emphasis added.) People v. Ethridge, 243 Ill. 2003Provided the State can show that it was defendant's blood that was used to determine defendant's BAC, then such BAC test results may be introduced under section 11-501.4 if the other criteria for admissibility set forth in that section are met." Ethridge, 243 Ill.App.3d at 464 , 183 Ill.Dec. 61 , 610 N.E.2d at 1316 . | 2 | 2003–2003 |
People v. Pomykala
green
1 sentence2022Pomykala, 203 Ill. 2d at 203-04 . ¶ 33 The admission of the BAC test result in this case does not create a mandatory presumption. | 1 | 2022–2022 |
People v. Epstein
green
1 sentence2022Id. ¶4 Defendant filed a pretrial motion to exclude her BAC test result of 0.107 obtained from blood drawn pursuant to a search warrant approximately four hours after the traffic stop. | 1 | 2022–2022 |
People v. Bates
green
2 sentences2021People v. Bates, 2018 IL App (4th) 160255, ¶ 84 . ¶ 29 Here, as the trial court found, the BAC test result was probative of the issue of defendant’s BAC when she was driving. 2021People v. Bates, 2018 IL App (4th) 160255, ¶ 84 . ¶ 29 Here, as the trial court found, the BAC test result was probative of the issue of defendant’s BAC when she was driving. | 1 | 2021–2021 |
Tollett v. Henderson
green
2 sentences2020Tollett, 411 U.S. at 266-67 . ¶ 40 Before analyzing defendant’s claim under Strickland, we note that defendant’s claim regarding the motion to suppress the BAC test results is relevant to, at most, one of the two offenses to which he pleaded guilty. 2020Tollett, 411 U.S. at 266-67 . ¶ 40 Before analyzing defendant’s claim under Strickland, we note that defendant’s claim regarding the motion to suppress the BAC test results is relevant to, at most, one of the two offenses to which he pleaded guilty. | 1 | 2020–2020 |
People v. Lenz
green
2 sentences2019At the hearing on the defendant’s motion to exclude the test results, a State toxicologist testified that it was not unusual to perform a BAC test on a -26- 2019 IL App (2d) 180124 blood sample that was 18 or 19 days old. 2019At the hearing on the defendant’s motion to exclude the test results, a State toxicologist testified that it was not unusual to perform a BAC test on a -26- 2019 IL App (2d) 180124 blood sample that was 18 or 19 days old. | 1 | 2019–2019 |
Wade v. City of Chicago Heights
green
2 sentences2011In fact, in Wade , this court noted: "Although one who is intoxicated can be said to be under the influence of alcohol, the converse is not necessarily true: one may be under the influence of alcohol in varying degrees [citations] without necessarily being considered intoxicated. [Citations.] As previously noted, neither section 11-501 nor section 11-501.2 employs the term `intoxicated.' [Citations.] Nor is the concept of being under the influence anywhere statutorily equated with being intoxicated." Wade, 216 Ill.App.3d at 434 , 159 Ill.Dec. 228 , 575 N.E.2d 1288 . ¶ 116 Defendants argue that 2011In fact, in Wade , this court noted: "Although one who is intoxicated can be said to be under the influence of alcohol, the converse is not necessarily true: one may be under the influence of alcohol in varying degrees [citations] without necessarily being considered intoxicated. [Citations.] As previously noted, neither section 11-501 nor section 11-501.2 employs the term `intoxicated.' [Citations.] Nor is the concept of being under the influence anywhere statutorily equated with being intoxicated." Wade, 216 Ill.App.3d at 434 , 159 Ill.Dec. 228 , 575 N.E.2d 1288 . ¶ 116 Defendants argue that | 1 | 2011–2011 |
People v. Morris
green
2 sentences2011Morris, 394 Ill.App.3d at 680 , 334 Ill.Dec. 404 , 917 N.E.2d 1 . ¶ 11 Section 11-501.2 of the Illinois Vehicle Code (625 ILCS 5/11-501.2 (West 2006)) governs the admissibility of BAC test results in DUI prosecutions. 2011Morris, 394 Ill.App.3d at 680 , 334 Ill.Dec. 404 , 917 N.E.2d 1 . ¶ 11 Section 11-501.2 of the Illinois Vehicle Code (625 ILCS 5/11-501.2 (West 2006)) governs the admissibility of BAC test results in DUI prosecutions. | 1 | 2011–2011 |
People v. Ebert
green
2 sentences2011Relying on this court's opinion in People v. Ebert, 401 Ill.App.3d 958 , 341 Ill.Dec. 671 , 931 N.E.2d 279 (2010), the State argues that the BAC test results should be admitted as long as the testing procedures substantially complied with the regulations. ¶ 14 We first address the State's noncompliance with subsection (d), which commands that the tubes used to contain the blood for testing "contain an anticoagulant and preservative." 20 Ill. 2011Relying on this court's opinion in People v. Ebert, 401 Ill.App.3d 958 , 341 Ill.Dec. 671 , 931 N.E.2d 279 (2010), the State argues that the BAC test results should be admitted as long as the testing procedures substantially complied with the regulations. ¶ 14 We first address the State's noncompliance with subsection (d), which commands that the tubes used to contain the blood for testing "contain an anticoagulant and preservative." 20 Ill. | 1 | 2011–2011 |
People v. Mueller
green
2 sentences1999It is of no effect that the written report was dated December 29, 12 days after the accident. 625 ILCS 5/11- 501.4(a)(3) (West 1996); cf. 625 ILCS 5/11-501.4 (West 1992); People v. Mueller, 221 Ill. 1999It is of no effect that the written report was dated December 29, 12 days after the accident. 625 ILCS 5/11- 501.4(a)(3) (West 1996); cf. 625 ILCS 5/11-501.4 (West 1992); People v. Mueller, 221 Ill. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.