DUI “No Refusal” Weekends Back In Kane County

They’re back….just in time for Halloween, “No Refusal” weekends, Kane County’s much criticized assault on your Constitutional rights, continues on. For reference, see our takes on this ridiculous program:

Chicago DUI Attorneys Examine Kane County DUI Crackdown

Kane County “No Refusal” DUI Strike Force Back This Weekend

Felony DUI Results From Refusal During Kane County’s “No Refusal” Weekend

DUI “No Refusal” Weekends In Jeopardy

Full Story below:

Drunken-driving crackdown: Kane County resurrects ‘no-refusal’ program for Halloween

Prosecutor had said police concerns imperiled crackdown

By Clifford Ward Special to the Tribune

September 2, 2009

Kane County will hold a “no-refusal” drunken-driving crackdown on Halloween, State’s Atty. John Barsanti said Tuesday, three weeks after announcing the county program was imperiled by concerns raised by police.

As with past crackdowns, Barsanti would not say where the Oct. 31 sting would be centered. But he did say that since last month, when he indicated the program might end, eight police agencies in the county have inquired about participating.

The operations are called “no refusal” because prosecutors and a judge are on call into the early morning to draft search warrants to be served on suspected drunken drivers who have refused to provide a Breathalyzer or blood sample.

Declining to provide a sample results in suspension of driving privileges, but potential repeat DUI offenders prefer the suspension to the revocation that comes with a second DUI conviction, authorities say.

Since Memorial Day 2008, three “no-refusal” stings have been conducted in the St. Charles area and in Elgin, with 25 arrests.

In August, Barsanti said two county police agencies, which had previously expressed interest in the program, did not want to participate because of “controversies” associated with it.

Those agencies, which Barsanti did not identify, had not specifically spelled out their concerns, he said.

The program has drawn criticism from those who see it as an abuse of government power.

But Barsanti pointed out that drivers who are served with the warrant are not physically forced to provide a sample, though refusing results in charges of obstruction of justice and resisting arrest.

The two agencies that had voiced concerns are not among the eight who recently expressed interest, according to Assistant State’s Atty. Steve Sims, who heads up the traffic enforcement division.

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