Part of state DUI test law deemed unconstitutional
CHICAGO (WRSP/WICS) —
A major ruling by the Illinois Appellate Court 1st District declares part of the state law on DUI tests unconstitutional.
This ruling reverses a first-degree murder conviction of a man accused of fatally striking a mother and injuring her 6-year-old son in Chicago in 2009.
The ruling orders a new trial for Ralph Eubanks who was convicted in 2014 and sentenced to 40 years in prison.
A district deputy says the Appeals Court found it unconstitutional to have forced Eubanks to give blood and urine tests without a warrant.
Prosecutors could appeal to the Illinois Supreme Court.
The Cook County State's Attorney's Office says it's reviewing the decision.