(A) Any person who drives or is in actual control of a motor vehicle upon the public highways of the city shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol or other drug content of such person's blood if there is probable cause to believe that such person was the driver at fault, in whole or in part, for a motor vehicle accident which resulted in the death or personal injury of any person. Compliance with this section does not relieve such person from the requirements of § 71.36.
(B) Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by division (A) above. In addition, if a driver of a vehicle is receiving medical treatment as a result of a motor vehicle accident, any physician licensed to practice medicine, registered nurse of a phlebotomist, acting under the direction of a licensed physician shall withdrawal blood for testing purposes to ascertain the presence of alcohol or other drugs, upon the specific request of a law enforcement officer. However, no such testing shall be performed until, in the opinion of the medical personnel on the scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
(C) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more may result in the suspension of such person's privileges to operate a motor vehicle.
(D) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form provided by the Secretary, certifying that the tests or tests were requested pursuant to division (A) above and the person refused to submit to a test or submitted to testing which disclosed an alcohol concentration of 0.08 or more.
(E) The results of any test or tests administered pursuant to this section, other than a test conducted with a portable device, may be used in any civil or criminal action. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
(2) If there was at that time an alcohol concentration in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.
(4) The foregoing provisions shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
(F) If a person refuses to submit to a chemical test under the provisions of this section, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle.
(G) For purposes of this section, a personnel injury shall include any injury that required immediate professional attention either in a doctor's office or medical facility.
Statutory reference:
Driver involvement in personal injury or fatal motor vehicle accident; chemical test, see ILCS Ch. 625, Act 5, § 11-501.6