People v. Harmon
973 N.E.2d 466
Ill. App. Ct.2012Background
- Defendant Harmon was tried by bench for two DUI counts and improper lane usage after a May 22, 2010 single-vehicle accident.
- Hospital records showed “221 on admission” for defendant’s blood-related test; nurse testified it referred to serum, not whole blood.
- State sought to convert serum level to whole-blood alcohol concentration using 20 Ill. Admin. Code 1286.40 (dividing by 1.18).
- Trial court concluded 0.221 serum equaled 0.187 blood alcohol after conversion and convicted Harmon of 11-501(a)(1) and 11-501(a)(2).
- Defense moved for directed verdict contending no evidence converting serum 221 to a whole-blood value; State asked to recall witness and take judicial notice of administrative rule.
- Appellate reversal: insufficient evidence to support the inferred blood-alcohol concentration and consequent DUI convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 221 on admission proves 0.221 g/100 mL in blood. | State contends 221 can be converted to 0.221 g/dL using hospital code. | Harmon argues no unit or measurement basis to deduce 0.221 g/100 mL. | Insufficient evidence to infer 0.221 g/dL from 221. |
| Whether the Administrative Code 1286.40 conversion is applicable without unit testimony. | State relied on 1286.40 to convert serum to whole-blood value. | Lack of unit testimony makes conversion improper. | Conversion unsupported without unit evidence. |
| Whether the DUI convictions can stand when the blood-alcohol basis is unreliably established. | State argues the presumptions apply if above 0.08. | Convictions premised on impermissible inference. | Convictions reversed; no valid predicate for DUI verdicts. |
Key Cases Cited
- People v. Collins, 106 Ill.2d 237 (1985) (standard for sufficiency review; rational jury could convict)
- People v. Jimerson, 127 Ill.2d 12 (1989) (credibility and weight of testimony; reasonable inferences)
- People v. Funches, 212 Ill.2d 334 (2004) (definition and limits of inferences)
- People v. Saxon, 374 Ill. App.3d 409 (2007) (resolve conflicting inferences by trier of fact)
- People v. Jones, 174 Ill.2d 427 (1996) (inference must be based on evidence, not conjecture)
- People v. Kotecki, 279 Ill.App.3d 1006 (1996) (when unit is stated, permissible to infer measurement; not here)
- People v. Green, 294 Ill.App.3d 139 (1997) (statutory presumptions require proper anatomical basis)