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Yes. Illinois evidentiary breath tests must be performed by an operator holding a valid permit from the Illinois State Police under 20 Ill. Adm. Code 1286. The permit requires initial training, periodic recertification, and current status at the time of the test. Under 625 ILCS 5/11-501.2, the state must present foundational proof of certification for the result to be admissible. Expired, suspended, or never-issued permits render the test inadmissible. Testing on a device other than one for which the operator is trained also fails foundation. A Chicago DUI lawyer subpoenas the operator's ISP file and cross-references it against the arrest date to build the challenge.

Published July 8, 2026 | Breath Evidence