In Episode 319 (Duration 35:33), Anthony Cameron sits down with us to talk about how police can enforce a warrant for a suspect’s blood.

More and more DUI’s will be proven based on the chemicals in a person’s blood. 

Which begs the question: What exactly happens when a person refuses to give up their blood even though there’s a warrant?

Well, Anthony Cameron helps us figure this out.

About Anthony Cameron

Anthony Cameron is a lawyer in Quincy, Illinois. Anthony was Adams County state’s attorney from 1980 to 1984. Now, his practice does its fare share of criminal defense.

However, Anthony does not limit his practice to only criminal justice cases.

Any dilemma involving conflict with a government agency is in his wheelhouse.

Important Links & Resources

* Birchfield v. North Dakota * Birchfield v. North Dakota (audio summary)* Driving Under The Influence of Drugs* People v. Brooks 2016 IL App (5th) 150095-U* More About Illinois DUI Cases

What’s In This Episode

✓ What is a blood draw? (7:13)

✓ Why contempt of court is a horrible way to force someone to give up their blood. (Go to  8:06)

✓ The truth about hospital medical staff when they encounter an individual absolutely refusing to submit to a blood sample withdrawal. (Go to 9:20)

✓ An anecdotal account of a case where an officer was looking for the one state that was willing to strap a guy down to take his blood. (Go to 10:21)

✓ Illinois has chosen its remedy to force DUI suspects to give up their blood. It’s not contempt of court or a criminal charge but this. (Go to 10:41)

✓ “What is the State’s remedy when the defendant says, ‘I’m sorry sir. I know you have this warrant, but I’m not giving you permission to take my blood.’?” (Go to 11:27)

✓ The only crime where the defendant gets to control the crime scene. (Go to 11:58)

✓ How Illinois implied consent law works. (Go to 13:18)

✓ The story in Birchfield begins with police getting a warrant for a DUI suspect’s blood. (Go to 15:27)

✓ Illinois can absolutely choose to criminalize refusing to give up a biological sample. For now, they have chosen this other route. (Go to 17:11)

✓ The thing I didn’t understand about charging someone with obstruction of justice when they refuse to comply with a warrant for their blood. (Go to 17:52)

✓ Respiration and absorption are biological processes, do you “knowingly” perform them? (Go to 19:03)

✓ The one time Anthony bit his lip and held back during a “bogus” plea deal. (Go to 20:13)