Kane County police agencies will work with the Kane County State’s Attorney’s Office on a No-Refusal operation this coming St. Patrick’s Day.
“This will be the sixth time we’ve held a No-Refusal initiative on or near St. Patrick’s Day,” Kane County State’s Attorney Joe McMahon said. “We enhance DUI enforcement on St. Patrick’s Day because we want to do our part to discourage impaired driving to keep our roadways remain as safe as possible. We want people to have fun and support local businesses, but don’t drive drunk.”
“My goal is to have zero DUIs on a night we do a No-Refusal. Although that hasn’t happened yet, maybe the luck of the Irish will strike,” 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 20th No-Refusal since the Kane County State’s Attorney’s Office began the program in 2008. In the 19 prior No-Refusals, 131 drivers have been charged. Most have pleaded guilty to DUI, although many cases are pending.
It will be the sixth No-Refusal held in conjunction with St. Patrick’s Day. Others were in 2009, 2012 and 2013, 2014 and 2015. A total of 40 drivers have been charged with DUI or DUI-related offenses in St. Patrick’s Day operations.
SOURCE: Kane County State’s Attorney’s Office Facebook page