Blood alcohol tests are permitted in legal claims involving dram shops. According to Section 1 [4.6] of the Illinois Dramshop Practice Act handbook issued by the Illinois Institute for Continuing Legal Education (IICLE), entitled “Use of Blood Alcohol Tests:”
“Blood alcohol test results are admissible as evidence in a dramshop action. This is true even if the inebriate fails to consent or is not arrested as a result of the occurrence or if the technician and hospital are not certified for such testing by the Illinois Department of Public Health. Mulhern v. Talk of Town, 138 Ill.App.3d 829, 486 N.E.2d 383, 93 Ill.Dec. 282 (2d Dist. 1985); Weaver v. Lovell, 128 Ill.App.2d 338, 262 N.E.2d 113 (4th Dist. 1970). Therefore, written discovery requests should inquire as to all such tests administered, the time and place, the identities of the administrators, and the whereabouts of the documentation or reports resulting from the tests.
Further, if the alleged intoxicated person was examined or treated at the scene by paramedics or conveyed to a medical institution, inquiry should be made as to the names of the involved personnel and institutions and the nature of any examinations, tests, or treatments. Complete files and medical records, which may contain observations and opinions concerning the inebriate’s appearance and condition and/or results of lab work, can then be subpoenaed. In addition, these records may reveal trauma, such as head injuries, the symptoms of which can be mistaken by a witness for signs of intoxication (e.g., stumbling gait, incoherent speech, dazed expression).”
If you or a loved one has been injured due to the negligence of an intoxicated person, we will help you pursue damages against the person/s directly responsible for the accident, and if the dram shop had supplied excessive alcohol to the at-fault party, that establishment may be legally liable for your compensation.
We are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident due to another’s negligence. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.
