May 27, 2022
Kane County State’s Attorney Jamie L. Mosser announces that Kane County police agencies will work with the State’s Attorney’s Office on an impaired driving abatement initiative this Memorial Day weekend.
The initiative, called a No-Refusal operation, is designed to help police efforts to obtain a search warrant for individuals who refuse to submit to chemical testing after a DUI arrest. Kane County Assistant State’s Attorneys are on hand to assist police officers through the search warrant process to compel a DUI suspect to submit to a lawfully requested blood, breath or urine test as required by Illinois law.
Under Illinois law, drivers give “implied consent” to be tested for blood alcohol content if a police officer has probable cause to believe the driver is under the influence, but only after an actual DUI arrest. Implied consent does not apply to any preliminary chemical testing that is offered as part of the field sobriety tests prior to the DUI arrest, and therefore there are no driver’s license penalties for refusing or taking this test. Refusing to take, or failing, a breathalyzer test after arrest will result, at minimum, in a suspended driver’s license. According to the announcement, anyone who declines to submit to chemical testing after being presented with a search warrant should expect to face additional charges.
Lyft Offers Memorial Day Credit
Further, as an incentive to avoid impaired driving, the ride-hailing application Lyft, in conjunction with Mothers Against Drunk Driving, is offering a discount to riders in Kane County on Memorial Day, Monday, May 30, only. Simply enter the code “MDWIL2022” for a $10 credit. The code is good to the first 250 users and only can be applied to a single account.
“Memorial Day weekend is a time when people gather with friends and family to honor the U.S. service men and women who died while serving their country,” State’s Attorney Mosser commented in making the announcement. “However, this has also turned into a time where people drink excessively and get into a car, which causes significant risk to everyone on the roads.
“There are plenty of alternatives to intoxicated driving – designated drivers, taxis, Uber and Lyft. As such, we will partner with law enforcement in obtaining a search warrant so we can get the evidence to prosecute any individual who chooses to make our community unsafe. My thanks to all law enforcement for patrolling this weekend, and I hope they all get home safe. My additional thanks to MADD and Lyft for this generous incentive to make a safer choice.”
The operation will be the 27th No-Refusal since the Kane County State’s Attorney’s Office began the program in 2008.