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Blood Contaminated Breath-Alcohol Test

Posted by Daniel Herbert DUI/Criminal Defense
People v. Ernsting, 2018 IL App (5th) 160330 (January 31, 2018) Randolph Co. (OVERSTREET) Affirmed.
Defendant was arrested for DUI and submitted to breath-alcohol test that showed BAC of 0.215. Court properly granted Defendant’s motion to suppress results and petition to rescind statutory summary suspension (SSS). Defendant testified that she had blood in her mouth when she took breath test, and court credited her claim. Defendant presented unrebutted expert testimony that blood in her mouth was a contaminant that affected reliability of her test results, and Court accepted that opinion. Thus, Defendant presented prima facie case that results of breath test were untrustworthy, and State failed to rebut it. (WELCH and MOORE, concurring).
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