Chicago Police DepartmentSpecial Order S04-08-02
DUI Investigations - Hospital Emergency Rooms
Issue Date:16 August 2012Effective Date:18 August 2012
Rescinds:6 April 01 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.informs members of the Illinois Vehicle Code regarding the disclosure of test results of blood or urine to law enforcement officials in the regular reporting of emergency medical treatment.
  • B.specifies procedures for conducting an investigation of a DUI-related personal injury accident at a hospital emergency room
II.Pertinent Statute
625 ILCS 5/11-501.4-1: Reporting of test results of blood or urine conducted in the regular course of providing emergency medical treatment.
III.Office of Emergency Management and Communications (OEMC) Responsibilities
When informed by a hospital that it has additional information regarding a driver involved in a traffic crash, OEMC will:
  • A.reassign the original investigating member, if available, to process the incident, or
  • B.assign another member when the original investigating member is unavailable and provide the assigned member with the Records Division (RD) number of the Illinois Traffic Crash Report.
IV.Procedures
When a member assigned to a personal injury traffic crash is informed by emergency room personnel that a driver who is either receiving medical treatment or has received medical treatment for injuries resulting from a traffic crash has either an alcohol concentration of 0.08 or more or tests positive for the presence of any illegal drug or drugs, intoxicating compound or compounds, or any combination thereof in the driver’s blood or urine, the member will:
  • A.place the driver under arrest.
  • B.read the arrestee the warnings as printed on the Warning To Motorist formset, complete the formset, including date and time the warnings were given, and give the arrestee the “Police Officer-Give To Motorist” copy.
  • C.ask the arrestee to submit to the alternate chemical testing procedures for the collection of additional blood and urine specimens.
    NOTE:
    Compliance with Items IV-A through C allows the Secretary of State to proceed with the Statutory Summary Suspension provisions outlined in the Illinois Compiled Statutes.
  • D.prepare a Law Enforcement Sworn Report formset after the arrestee has either “consented to” or “refused” the alternate chemical testing procedures and process the arrestee in accordance with the procedures outlined in the Department directive entitled “Driving Under the Influence (DUI) and Zero Tolerance.”
    • 1.If the subject consents to additional alternate chemical testing, the member will inform the appropriate hospital personnel and follow the procedures outlined in the Department directive entitled "DUI Investigations - Chemical Testing Procedures."
      NOTE:
      An arrestee who consents to blood and/or urine alternate chemical testing will not be required to submit to a breath test.
    • 2.If the subject refuses additional alternate chemical testing, the member will process the refusal in accordance with the procedures outlined in the Department directive entitled "DUI Investigations - Chemical Testing Procedures."
  • E.prepare an Alcohol/Drug Influence Report and include the following information in the comments section:
    • 1.treatment hospital;
    • 2.name and job title of the person who performed the emergency room test and any other hospital personnel who had contact with the arrestee;
    • 3.original emergency room test results;
      NOTE:
      These test results can only be provided by the hospital staff if they were obtained as a result of necessary medical treatment.
    • 4.date and time of original emergency room test;
    • 5.name and job title of the person who furnished the emergency room test results to the police.
  • F.prepare an Arrest Report.
  • G.issue a Personal Service Citation(s) for a violation(s) of the appropriate subsection(s) of 625 ILCS 5/11-501.
  • H.prepare a Supplementary Report or Illinois Traffic Crash Report Additional Units (SR1050CA), as appropriate, to report the additional traffic crash information and submit the report to the district station supervisor.
  • I.submit all completed reports to the station supervisor in the district of arrest.
Garry F. McCarthy
Superintendent of Police
09-140 MWK