Posted on Apr 28, 2010

A 35-year-old man recently caused a serious accident in Loves Park.  The accident occurred when the driver, Chris Primuth, lost control of his car and crashed at the corner of Mulford and Perryville.  Primuth is being charged with DUI, aggravated DUI and driving too fast for conditions.  This accident, which seriously injured his passenger, is not the first for Primuth.  In 1996 he was charged with a DUI.  A few years later he was convicted of fatally injuring a teen during a hit and run accident in Machesney Park. 

What frustrates police is that though they suspect he was under the influence at the time of the accident, they were unable to get local hospitals to draw his blood.  Loves Park police asked three different Rockford hospitals to draw blood for a blood alcohol level test and they all refused.  Though the police had a search warrant the doctors and nurses do not have to do the draw if the suspect refuses the test. 

Hospital staff worry that drawing blood without the consent of the patient will lead to a lawsuit.  Patients are protected by law and allowed to refuse any and all medical treatments.  This includes court-mandated blood draws. 

With the hands of both police and doctors tied many DUI suspects are not convicted, even if they were driving while intoxicated.  Loves Park Police Chief Jim Puckett is calling for a change in the law.  He would like to protect the nurses and doctors asked to draw the blood. 

"The hospitals are looking at liability on their part too, they don't want to be sued, they could turn around and be sued.  They are going to have to have it to where they know they cannot be sued by the defendant for drawing blood."

The attorneys at Hupy and Abraham have seen too many accident victims seriously injured at the hands of a drunk driver.  We hope that the injured passenger recovers quickly and fully from his injuries.