Emergency Room Reporting of Injured Impaired Drivers

Hospital emergency rooms have unintentionally become safe havens for injured alcohol- and/or drug-impaired drivers. Studies show that only a small percentage of impaired drivers who receive emergency medical treatment as a result of a motor vehicle crash are ever charged with, much less convicted of DUI.

To help address this issue, the law now requires emergency medical personnel to report to law enforcement agencies, if requested, the results of blood or urine tests performed to determine the content of alcohol and/or drugs of an individual receiving emergency medical treatment as the result of a motor vehicle crash. The law has already proven to be an important tool in the fight against drunk driving.

Emergency room physicians and nurses are in a unique position to identify injured impaired drivers because of their access to hospital test results. By bringing the injured impaired driver to the attention of law enforcement, these medical professionals increase the likelihood that the driver will receive alcohol and/or drug evaluations and treatment because of legal or administrative requirements.

Under the law, the reporting of test result information does not violate physician-patient confidentiality. In addition, no one will be held liable for civil damages or receive professional discipline for making a report.

This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court.