breath alcohol test (Illinois) · Go Syfert
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breath alcohol test in Illinois

12 Illinois opinions name it 2 courts 1989–2010 0 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.

Followed or applied (7)

CaseFollowedCited
People v. Browngreen
illappct · 1988 · cited in 3 Illinois opinions naming this issue, 1991–2005
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005App. 3d 19, 21 (1986) (“No consent is necessary to admit a breath-alcohol test into evidence in a DUI case”); People v. Brown, 175 Ill.

23
Griffith v. Stategreen
texcrimapp · 2001 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See Griffith, 55 S.W.3d at 603 (finding the defendant’s request to speak to his attorney before deciding whether to submit to a breath-alcohol test was not the same as expressing a desire to remain silent).

2008See Griffith, 55 S.W.3d at 603 (finding the defendant’s request to speak to his attorney before deciding whether to submit to a breath-alcohol test was not the same as expressing a desire to remain silent).

22
People v. Gieregreen
illappct · 1989 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

12
People v. Byrdgreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

11
City of Chicago v. Truax Greene & Co.green
illappct · 1915 · cited in 1 Illinois opinions naming this issue, 2005–2005
1 sentence

2005App. 3d 725, 726-27 (1988) (“We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results”); Giere , 192 Ill.

11
People v. Franciskovichgreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

11
Village of Algonquin v. Fordgreen
illappct · 1986 · cited in 1 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. Carey green
illappct · 2008
2 sentences

2010Carey, 386 Ill.

2010Carey, 386 Ill.

22010–2010
People v. DeLuna green
illappct · 2002
2 sentences

2008I also find that the majority’s reliance upon People v. DeLuna, 334 Ill.

2008I also find that the majority's reliance upon People v. DeLuna, 334 Ill.

22008–2008
People v. Bonutti green
ill · 2004
2 sentences

2009In other words, a lack of compliance with section 1286.310(a) has the potential to create criminals out of people who are not.” (Emphasis in original.) Bonutti, 212 Ill. 2d at 192 , 817 N.E.2d at 495 .

2009In other words, a lack of compliance with section 1286.310(a) has the potential to create criminals out of people who are not.” (Emphasis in original.) Bonutti, 212 Ill. 2d at 192 , 817 N.E.2d at 495 .

12009–2009
People v. Ayres green
illappct · 1992
2 sentences

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

2005See, e.g., Village of Algonquin v. Ford, 145 Ill.App.3d 19, 21 , 99 Ill.Dec. 148 , 495 N.E.2d 595 (1986) ("No consent is necessary to admit a breath-alcohol test into evidence in a DUI case"); People v. Brown, 175 Ill.App.3d 725, 726-27 , 125 Ill.Dec. 153 , 530 N.E.2d 71 (1988) ("We hold that voluntary consent is not a prerequisite to admissibility of the breathalyzer results"); Giere, 192 Ill.App.3d at 524 , 139 Ill.Dec. 548 , 548 N.E.2d 1104 ("[T]here is no statutory requirement of consent before blood-alcohol test results may be admitted in a DUI prosecution since that requirement was aboli

12005–2005
People v. Keith green
ill · 1992
2 sentences

1995In People v. Keith (1992), 148 Ill. 2d 32 , 591 N.E.2d 449 , defendant filed a motion seeking to bar results of a breath-alcohol test from evidence at his trial.

1995In People v. Keith (1992), 148 Ill. 2d 32 , 591 N.E.2d 449 , defendant filed a motion seeking to bar results of a breath-alcohol test from evidence at his trial.

11995–1995
People v. Kurtz green
illappct · 1988
2 sentences

1989In light of the facts of this case, whether the result of the breath-alcohol test is stated as .18 (People v. Kurtz (1988), 171 Ill.

1989App. 3d 1068, 1069 , 526 N.E.2d 540, 541 ) or .18% (People v. Thorson (1986), 145 Ill.

11989–1989
People v. Thorson green
illappct · 1986
1 sentence

1989App. 3d 1068, 1069 , 526 N.E.2d 540, 541 ) or .18% (People v. Thorson (1986), 145 Ill.

11989–1989

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (4) IL § 625 ILCS 5/11-501.2 (4)

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.

Where else courts name it

NM 39 (1985–2025) OH 31 (1993–2024) TN 24 (1996–2018) KS 13 (1992–2024) FL 13 (1999–2025) WA 12 (1993–2021) IL 12 (1989–2010) TX 10 (1983–2018) MO 9 (1995–2024) ID 7 (1993–2026) GA 5 (1970–2018) ME 4 (2015–2022) AL 3 (1991–1994) CA 3 (1980–2022) AK 3 (1987–2021) KY 3 (2001–2022) LA 3 (1990–2017) NY 3 (2005–2019) OK 3 (1991–2026) NH 2 (1989–1995) HI 2 (2006–2019) VA 2 (2008–2009) MD 2 (1997–2015) MI 2 (1987–2002) AR 2 (2015–2016)

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.

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