Part of state DUI test law deemed unconstitutional

Part of state DUI test law deemed unconstitutional (MGN Online)

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.

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