Published by The Davis Law Group, P.C.
The most recent “no refusal” crackdown in Kane County, which took place the night before Thanksgiving, resulted in seven DUI arrests. The Illinois State Police, the Kane County Sheriff’s Police and thirteen municipal departments participated in the endeavor.
Drivers suspected of driving under the influence were taken to a police station and asked to submit to a breathalyzer test. If the suspect refused, the police utilized an on-call prosecutor and judge to execute a warrant to compel them to comply. During the November 26th effort, only one of the seven suspects refused until the warrant was served. Two of the suspects provided breath samples with results under a .08.
The methods used during these “no-refusal” enforcements are often criticized. Under Illinois law, while there is no specific statutory right to refuse, the police may not use physical force to obtain bodily fluids (People v. Jones, 214 Ill.2d187 (2005) and People v. Farris, 2012 IL App (3d) 100199 (2012)). How does a judge’s warrant trump the right to resist?
Kane County reports 7 arrests in ‘no refusal’ DUI crackdown, www.chicagotribune.com, December 9, 2014
