Kane SAO, Police Plan July 4 No-Refusal DUI Enforcement

Kane SAO, Police Plan July 4 No-Refusal DUI Enforcement

Kane County police agencies will work with the Kane County State’s Attorney’s Office on a no-refusal operation this coming Independence Day.

“We work with local police to enhance DUI enforcement with no-refusal initiatives as a means to discourage impaired driving on occasions when people are prone to drinking too much,” Kane County State’s Attorney Joe McMahon said. “People should celebrate and support local businesses, but they should not drive while impaired.”

“My goal still is to have zero DUIs on a night we do a no-refusal, and although that hasn’t happened yet, maybe this time will be the first,” McMahon said.

The initiative is designed to expedite police efforts to obtain a search warrant for individuals who refuse to submit to chemical testing after a DUI arrest. Assistant state’s attorneys are on hand to assist police officers through the search warrant process to ultimately compel a DUI suspect to submit to a lawfully requested blood, breath or urine test as required by Illinois’ Implied Consent statute.

Illinois courts have consistently held that there is no right to refuse chemical testing when probable cause exists. Anyone who declines to submit to chemical testing after a search warrant has been obtained could face additional charges.

The operation will be the 21st no-refusal since the Kane County State’s Attorney’s Office began the program in 2008. In the 20 prior no-refusals, 136 drivers have been charged. Most have pleaded guilty to DUI, although many cases are pending.

It will be the fourth no-refusal held in conjunction with Fourth of July celebrations. Others were in 2009, 2010 and 2013. A total of 23 drivers have been charged with DUI or DUI-related offenses in Fourth of July operations.

SOURCE: Kane County State’s Attorney’s Office news release