Suspected drunken drivers in Kane County will have to submit to court-ordered blood tests under a crackdown designed to plug a loophole in Illinois DUI laws, authorities said Wednesday.
State’s Atty. John Barsanti said his office, several police agencies and county judges will join forces for a coming and unannounced “No-Refusal Weekend.” On those days, motorists suspected of driving under the influence who refuse to submit to a Breathalyzer test will be brought to the Geneva Police Department.
Once there, prosecutors will draft a search warrant, which will be taken to an on-call judge. The warrant will authorize a Health Department phlebotomist, posted at the police station, to immediately draw the suspect’s blood — by force if necessary — for testing.
Refusing the test is a gamble many repeat offenders are willing to take. Refusal results in an automatic three-year license suspension for a driver with a prior conviction. But repeat offenders prefer it to the license revocation imposed after a second DUI, Barsanti said.
“If you’re an accomplished and veteran drunk driver, this is the smart move,” said Barsanti, who added that the lack of blood evidence makes DUI prosecution more difficult.
In Illinois, a driver with a blood-alcohol level of .08 or higher is considered under the influence.
More than 40 percent of 158 drivers arrested for DUI in April in Kane County refused the test, a number that parallels national statistics, according to authorities.
The No-Refusal Weekend may be a first in Illinois, though the local program is based on one in Texas and other states have seen success using it, said First Assistant State’s Atty. Clint Hull.
Barsanti declined to say when the first crackdown weekend would take place in the hopes that it would have a greater deterrent effect. He called on state legislators to make refusal to test result in an automatic license revocation.
Currently, first-time offenders who decline the test face a three-month suspension of driving privileges.
Kane County Coroner Charles West, chairman of the county DUI task force, called the program a “very positive approach.” The task force is donating $9,000 to pay for costs associated with the weekend.
Sheldon Anderson of the Alliance Against Intoxicated Motorists also said the program could deter drunken driving.
“I don’t want anyone else to feel like I do,” said Anderson, whose daughter was killed by a drunken driver in 1997.
