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People v. Leffew11/26/1975
The defendant was indicted for involuntary manslaughter as a result of an automobile accident in which he allegedly drove through a stop sign and hit the victim's car broadside.
The defendant was slightly injured and was taken to a hospital immediately after the accident. While he was there a police officer entered his room and spoke to the defendant. At that time the officer noticed an odor of alcohol on the defendant's breath and that his speech was not normal. The defendant told the officer he had drunk six or seven beers over a 13-hour period prior to the accident. The officer then gave the defendant his Miranda warnings and told him he was under arrest for driving while intoxicated.
The officer and the defendant both testified that after being told his rights, including his right to consult with his attorney, the defendant stated he wished to talk with his attorney and his wife. Apparently this was not followed up by any action either by the officer or by the defendant. However, a few minutes later the officer asked the defendant to sign a brief statement giving permission to the hospital to take a sample of the defendant's blood and the defendant signed this paper which the officer had prepared. It read as follows: "I, Edward Leffew, Jr., hereby give permission to have a doctor withdraw blood from my arm for tests."
Pursuant to this permission a blood sample was taken from the defendant. It is not indicated what the reading was. The defendant was subsequently charged with involuntary manslaughter and was indicted. At a hearing in limine prior to his trial, defense counsel moved to suppress the blood sample on the ground that the doctor, in taking the sample, did not adhere to the rules of the Department of Public Health in that he swabbed the area from which the sample was taken with alcohol, whereas Rule 8.01 of the Department of Public Health states that some other solution than alcohol is to be used to disinfect the area of the injection when taking a blood sample. The rule states in part as follows:
"Blood Collection. When a person is arrested and detained in the custody of police and such person requests an additional test (a blood test) to determine the amount of alcohol present, the blood sample shall be collected according to the following procedure(s).
(a) Disinfectant. Alcohol or other volatile organic disinfectant shall not be used to clean the skin where a specimen is to be collected. Aqueous benzalkonium chloride, aqueous merthiolate, or other suitable aqueous disinfectant shall be used."
Section 11-501 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95 1/2, par. 11-501) creating certain presumptions resulting from a blood test, states in part:
"(d) Chemical analysis of the person's blood or breath to be considered valid under this Section must be performed according to uniform standards adopted by the State Department of Public Health, in cooperation with the Superintendent of State Police, and by an individual possessing a valid permit issued by that Department for this purpose. The State Department of Public Health is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analysis and to issue permits which shall be subject to termination or revocation at the discretion of the State Department of Public Health."
Upon due consideration, the trial court granted the defendant's motion to exclude the results of the blood test for failure to follow the State Department of Public Health standards, as indicated above. The State argues that the trial court's ruling was erroneous because (1)
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