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People v. Stipp6/23/2004
t blood serum tests are therefore inadmissible. We disagree.
*958 The primary rule of statutory construction is to ascertain and give effect to the legislature's intent. **576 ***756 People v. Rissley, 206 Ill.2d 403, 276 Ill.Dec. 821, 795 N.E.2d 174 (2003). Where the statutory language is clear and unambiguous, its plain meaning should be given effect. People v. Whitney, 188 Ill.2d 91, 241 Ill.Dec. 770, 720 N.E.2d 225 (1999). However, if the language of the statute is ambiguous, the court may consider extrinsic aids to determine the legislative intent. Whitney, 188 Ill.2d 91, 241 Ill.Dec. 770, 720 N.E.2d 225. Ambiguities in a statute may be resolved by construing the statute in conjunction with other statutes addressing the same subject. People v. Badoud, 122 Ill.2d 50, 118 Ill.Dec. 407, 521 N.E.2d 884 (1988).
In this case, the trial court properly admitted the blood serum test results under section 11-501.4 of the Code. The term "blood" as used in chapter 11 is not defined within the Code. Since it is apparent that a blood alcohol concentration test can be performed on whole blood as well as blood serum, we find that portion of section 11-501.4 ambiguous.
Having determined that section 11-501.4 is ambiguous, it is appropriate to consider extrinsic evidence to aid in our interpretation of the statute. Reference to another statute by analogy is a common method of interpretation and has been relied upon by this court on many occasions. See, e.g., Board of Education v. A, C & S, Inc., 131 Ill.2d 428, 137 Ill.Dec. 635, 546 N.E.2d 580 (1989). In interpreting other provisions of chapter 11 of the Code, this court has determined that whole blood is the standard unit required. People v. Green, 294 Ill.App.3d 139, 228 Ill.Dec. 513, 689 N.E.2d 385 (1997). Thus, the whole blood alcohol concentration test results are clearly admissible under section 11-501.4.
The question before us, however, is whether blood serum alcohol concentration test results are admissible under the same section. Nothing in the language of section 11-501.4 prohibits the use of blood serum test results in lieu of a whole blood alcohol concentration test. See People v. Thoman, 329 Ill.App.3d 1216, 264 Ill.Dec. 334, 770 N.E.2d 228 (2002). Further, numerous cases have held that blood serum alcohol concentration test results converted into whole blood equivalents are admissible under section 11-501 and section 11-501.2. Green, 294 Ill.App.3d 139, 228 Ill.Dec. 513, 689 N.E.2d 385; Thoman, 329 Ill.App.3d 1216, 264 Ill.Dec. 334, 770 N.E.2d 228; People v. Luth, 335 Ill.App.3d 175, 269 Ill.Dec. 268, 780 N.E.2d 740 (2002). We therefore interpret "blood" as used in section 11-501.4 to allow the admission of: (1) whole blood alcohol concentration test results; and (2) blood serum alcohol concentration test results where evidence is presented that converts the results into whole blood equivalents.
In this case, the State presented evidence concerning the conversion of blood serum alcohol results to whole blood equivalents. The results were therefore properly admitted under section 11-501.4.
*959 CONCLUSION
The judgment of the circuit court of Kankakee County is affirmed.
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