Kane County State’s Attorney Jamie L. Mosser announced Wednesday that Kane County police agencies will work with the State’s Attorney’s Office on an impaired driving abatement initiative this Halloween 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.
“It remains our goal to reduce drunken driving, especially given the DUI-related crashes and fatalities that result from this irresponsible decision,” Mosser stated in the press announcement. “Halloween parties, like many events, involve people who choose to drink or use drugs to excess and get behind the wheel of a car. Given the number of alternatives – designated drivers, taxis, Uber and Lyft – there is no need for an impaired person to drive.
“My office will assist law enforcement in obtaining a search warrant so we can get the evidence needed to prosecute any individual who compromises our community safety. The initiative will take place sometime during the weekend before Halloween.”
The operation will be the 29th No-Refusal since the Kane County State’s Attorney’s Office began the program in 2008.
