DUI Urinanalysis: Improper Sample Collection

Case Name: People v. Henry (.pdf)

Court: Appellate Court of Illinois, Third District

Date Decision Filed: 1/19/2010

In this DUI case, a phlebotomist collected the motorist’s urine for testing purposes.   An Illinois regulation provides that “[a] urine sample may be collected by the arresting officer, another law enforcement officer, an agency employee, or a hospital nurse who can authenticate the sample.”  There is no mention of “phlebotomist” in the regulation.   The trial court suppressed the urine-testing results.  The majority opinion of the appellate court remanded the case back to the trial court and ordered it to determine if the regulation was substantially complied with.  “On remand,” said the majority, “the State may rebut the presumption of unreliability with proof that the test results were valid even though the State did not strictly comply with [the regulation].”  The dissenting justice would have reversed (without remand) the ruling of the trial court since, in her view, the list does not exclude unlisted categories of people.

Jeremy Richey


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Jeremy J. Richey, Attorney at Law
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