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Illinois generally requires a search warrant for a nonconsensual DUI blood draw following the U.S. Supreme Court decisions in Missouri v. McNeely and Mitchell v. Wisconsin. The natural dissipation of alcohol alone is not a per se exigency. Warrantless draws are limited to true exigent circumstances, valid consent, or the narrow unconscious-driver framework. Under 625 ILCS 5/11-501.2, blood taken without a warrant or a valid statutory exception is subject to suppression. Hospital-taken blood for medical purposes falls under separate rules. A Chicago DUI lawyer examines whether a warrant issued, whether consent was voluntary, and whether the exigency claim survives McNeely to build the suppression motion.

Published July 8, 2026 | Blood Evidence