Document what ambulance responded and the names of the paramedics.
Prior to transport to the hospital attempt to get as much information from the driver as possible and be present while the offender is talking with paramedics.
Decide whether to administer a PBT in the ambulance.
Upon arrival at the hospital inquire if the hospital is performing toxicology on the offender in the normal course of treatment.
When a persons is receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident, the arresting officer may ask the emergency room personnel if they will be drawing blood in the normal course of treatment. If the hospital does draw blood, wait until those results come back to be used as additional probably cause for a DUI arrest. If the offender was involved in a crash (any crash weather injuries or not) request the results from the hospital. The hospital shall disclose the results upon request (625 ILCS 5/11-501.4-1). This is not a violation of HIPPA (see attachment).
While waiting for the results attempt to interview the offender.
Once you receive the toxicology results from the hospital convert the results by dividing them by 1.18 in accordance with 20 Illinois administrative code 1286. (The hospital uses serum/plasma blood and the law requires whole blood and the results are not equal).
Definition: Blood Alcohol Concentration or “BAC” means grams of alcohol per 100 milliliters of whole blood (Section 11-501.2(a)(5))
Definition: Blood serum alcohol concentration mean milligrams of alcohol per deciliters of serum blood.
Definition: “Whole Blood Equivalent” means the conversion of a blood serum or blood plasma alcohol concentration to an approximate BAC.
Place the offender under arrest and issue a citation for 625 ILCS 5/11-501(a)(2).
Read the offender the warning to motorists and request chemical testing i.e. blood or urine (the offender does not need to conscious during the warning). Any person who is dead, unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn consent (625 ILCS 5/11-501.1).
Request a DUI Kit (Biological Specimen Collection Kit) and check the seal and expiration date. An unconscious person cannot refuse to submit to chemical testing. The subject must explicitly withdraw consent by actions or statements.
Break the seal in front of the nurse or phlebotomist. Provide the nurse or phlebotomist with the iodine swab and grey top vacuum tubes. The officer must be present and observe the blood draw the entire time.
Document the time and location of the blood draw and immediately collect the samples from the nurse/phlebotomist. MAKE SURE TO GET THE NAME AND DATE OF BIRTH OF THE NURSE/PHLEBOTOMIST! Fill out the specimen seals and have the nurse/phlebotomist initial the seals. Seal the specimens over the top of vacuum tube. Place the tubes in the kit.
Request a urine sample (if drugs are suspected). The urine sample has to be collected by a person of the same sex. The collector does not need to be a medical professional this can be an officer.
Directly observe the subject provide a urine sample. Fill out the Seals and seal the urine sample. Make sure the lids are tight before sealing.
Place both the blood and urine in the plastic bag. Fill out the provided lab form that came with the kit and place the form inside and seal the kit.
Maintain chain of custody over the kit until the kit is placed into evidence and submit a lab request. Seal the kit with evidence tape.
If a DUI kit is unavailable the collection can be done in a hospital provided Grey-top vacuum tube (potassium oxalate/sodium fluoride) this tube contains potassium oxalate as an anticoagulant and the sodium fluoride as a preservative.
Do not issue a sworn report/notice of summary suspension until the results are back from the lab. Forward the sworn report to the Elgin Police Traffic Unit pending the lab results. You can issue a sworn report and charge the offender with 625 ILCS 5/11-5001(a)(1) based on the hospitals toxicology results, but I usually leave this up to the discretion of the state attorney/city prosecutor.
Determine the extent of the offender’s injuries and if they will be released. If released transport the offender back to the jail for processing. If the offender is not being released determine the best course of action i.e. hospital detainer or arrest warrant.