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'No refusal' weekend nabs 14 in Kane County


November 4, 2009

The largest effort in Kane County to date to try to keep drunken drivers off the road resulted in 14 arrests over the Halloween weekend, including four in Elgin, authorities said Tuesday.

A total of 13 law enforcement agencies working in 11 communities took part in the county's fourth "No Refusal Weekend," which took place during the late- night hours of Friday and Saturday.

The program, headed by the Kane County State's Attorney's Office, allows law enforcement to obtain quick search warrants during late-night hours when a suspected intoxicated driver refuses to submit to testing either by having blood drawn or by blowing into a Breathalyzer.

Those refusing to be tested after a search warrant is issued then face additional charges, such as obstruction of justice.

Unlike past operations that involved law enforcement in one or a few communities, the latest effort was the largest effort to date, involving police in Batavia, Carpentersville, East Dundee, Elburn, Elgin, Geneva, Montgomery, St. Charles, South Elgin, Sugar Grove and West Dundee, as well as Illinois State Police and the Kane County Sheriff's Department.

Among those arrested, three reportedly had prior DUI convictions, with all having blood-alcohol levels that registered from .15 to as high as .296. The state's legal limit is .08.

Two people initially refused to be tested, but later agreed to provide samples.

Kane County State's Attorney John Barsanti stopped short of crediting the program with the low number of refusals, but said it might have been an indication more people were becoming aware that a person's "right" to refuse was nothing more than a "myth."

"I would like to see that this is what commonly happens -- where refusing to blow is not a strategy for a driver," he said. "It's a myth that they have a right to refuse."

Overall, Barsanti said he was pleased with the operation's low total, an indication that attitudes and behaviors involving drinking drunk may be changing.

"It would seem that people are re-thinking their partying plans and either (are) staying home or seeking safe modes of transportation," Barsanti said. "We can't ask for much more than that."

According to the Illinois Secretary of State's Office, for the last several years, about 40 percent -- or 20,000 of the 50,000 motorists cited for DUI -- refused to submit to a blood-alcohol test, denying prosecutors evidence.