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People v. Stipp6/23/2004
The defendant, Lonny R. Stipp, was convicted of two counts of driving while under the influence of alcohol (625 ILCS 5/11-501(a)(1), (2) (West 2000)). He appeals, arguing that the trial court erred in admitting the results of his blood alcohol test under section 11-501.4 of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501.4 (West 2000)) because the test was conducted on his blood serum rather than his whole blood. We affirm.
**575 ***755 FACTS
The defendant was charged with driving with (1) a blood alcohol concentration of 0.08 or more in violation of section 11-501(a)(1) of the Code, and (2) driving while under the influence of alcohol in violation of section 11- 501(a)(2) (625 ILCS 5/11-501(a)(1), (2) (West 2000)). The defendant filed a motion in limine, seeking to suppress the chemical test conducted by the hospital on the grounds that his blood was taken without his consent and that it was not drawn in the course of providing emergency medical treatment. The trial court denied the motion.
Prior to trial, the State noted that it was no longer necessary for an expert to testify as to the conversion factor from blood serum alcohol concentration to whole blood alcohol concentration (see 20 Ill. *957 Admin. Code § 1286.40 (2001)). Based on the appropriate conversion factor of 1.18, the defendant's whole blood alcohol level was 0.24. The parties agreed that the jury would be given that number.
At the defendant's jury trial, the evidence established that the defendant was involved in a one-vehicle accident. When emergency personnel arrived at the scene, the defendant's truck was on fire and was stuck in a ditch. The defendant had lacerations on his face and was confused. Emergency medical technicians transported the defendant to the hospital where his blood was drawn by hospital staff as part of standard hospital procedure. The blood sample was then sent to the hospital laboratory. Once in the lab, the defendant's blood serum was extrapolated from his whole blood and analyzed for alcohol content. The test results determined that the defendant's blood serum alcohol level was 284.
The laboratory technician who conducted the test testified that a result of 284 translated to a blood serum alcohol level of 0.284 grams of alcohol per 100 milliliters of blood. He further testified that blood serum contains a higher concentration of alcohol than whole blood and that the conversion factor from blood serum to whole blood alcohol concentration was 1.18. The blood serum test results were admitted over the defendant's objection.
The jury found the defendant guilty of both counts. The defendant's motion for a new trial was denied, and he was sentenced to 18 months' conditional discharge.
ANALYSIS
On appeal, the defendant claims that the trial court erred in admitting his blood test results. He maintains that the results were inadmissible because the test was conducted on his blood serum rather than his whole blood as required by section 11-501.4. The issue so framed is one of statutory construction, which we review de novo. People v. Robinson, 172 Ill.2d 452, 217 Ill.Dec. 729, 667 N.E.2d 1305 (1996).
In Illinois, a blood sample tested to determine a defendant's blood alcohol concentration may be taken from a defendant during the regular course of providing emergency medical treatment. 625 ILCS 5/11-501.4 (West 2000). Under section 11-501.4 of the Code, "the results of blood tests performed for the purpose of determining the content of alcohol * * * of an individual's blood conducted upon persons receiving medical treatment in a hospital emergency room are admissible." 625 ILCS 5/11-501.4 (West 2000). For the purposes of his argument, the defendant maintains that the term "blood" as used in section 11-501.4 means whole blood and tha
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