Kane County State’s Attorney Jamie L. Mosser announced the results of a Kane County-wide pre-St. Patrick’s Day Weekend No-Refusal operation, a collaborative effort of the Kane County State’s Attorney’s Office and 12 Kane County law-enforcement agencies.
The operation netted 6 drink drivers. The breakdown by police force was Aurora-1, St. Charles-3, South Elgin-1 and the Illinois State Police-1.
“We conduct these No-Refusal events to keep our community safe from drunk drivers,” stated Mosser when announcing the results. “Every DUI crash is preventable. To everyone who plans to go out Thursday night and celebrate St. Patrick’s Day, remember that there are plenty of transportation options: a taxi, a designated driver, Uber, Lyft and more. Please choose a safe option for yourself, for your family and friends, and for others on the road. My thanks to the departments that participated in this and assistant state’s attorneys who worked to help hold these individuals accountable.”
The operation included 12 police agencies – Aurora, Batavia, Carpentersville, Elgin, Elburn, Geneva, Illinois State Police District 15, the Kane County Sheriff’s Office, Montgomery, Pingree Grove, St. Charles and South Elgin.
From 11 p.m. on March 12, 2022 to 4 a.m. March 13, 2022, officers who stopped and arrested a suspected drunk driver transported the offender to their local police station. At the station, the offender would be requested to submit to a Breathalyzer. Any suspect who refused to provide the sample would have been instructed by an assistant state’s attorney that a court order would be sought ordering them to provide the sample if they continued to refuse. Any suspect who continued to refuse to submit to chemical testing after being presented with a search warrant would have faced additional charges.
Illinois courts have consistently held that there is no right to refuse chemical testing when probable cause exists.
Illinois law states that a person is presumed to be unlawfully intoxicated for the purposes of operating a motor vehicle if their blood-alcohol concentrations is .08 or higher.
Blood-alcohol concentrations of those charged as a result of these arrests were .280 percent, .182, .177, .115 .108, and .088.
