People v. Heineman
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Heineman was the driver in a single-vehicle accident that resulted in the death of his passenger. Fisher— an officer who investigated the case—testified that he was familiar with the law and had received training on a mathematical formula for converting blood serum alcohol concentration into a whole blood equivalent. Fisher testified— over objection—that he learned of Heineman’s blood serum alcohol concentration test results and could apply the formula. He explained, “[y]ou would divide the blood serum level, which in this case is .155, by 1.18 to get a [whole blood alcohol concentration of] [.]131,” which exceeds the legal limit for DUI in Illinois. Heineman was convicted of two counts of aggravated driving under the influence of alcohol (625 ILCS 5/11-501(a)(1), (2), (d)(1)(F)).
The Illinois Supreme Court reversed as to count I; the circuit court abused its discretion by admitting Fisher’s testimony regarding the conversion factor, such that the state failed to prove Heineman’s whole blood alcohol concentration was 0.08 or greater when he drove. The court affirmed on count II, in which the state was required to prove he was under the influence of alcohol when he drove. Heineman conceded that, besides his whole blood alcohol concentration, the state presented other evidence from which a reasonable trier of fact could conclude that he was driving while under the influence and that evidence could sustain his conviction on count II despite any failure to prove his whole blood alcohol concentration.
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