Kane County Launching “No-Refusal” Initiative For St. Patrick’s Day
As reported by the Kane County Chronicle, the county’s State’s Attorney’s Office recently announced it will conduct a “no-refusal” operation on March 17, 2016. The office issued a release stating that all local agencies are going to be cooperating in this effort. Joe McMahon, State’s Attorney, says his goal is no DUIs on a no-refusal night, which hasn’t happened in past attempts.
According to the statement, the “no-refusal” label is an initiative meant to speed up police efforts in obtaining a search warrant for those who refuse to undergo chemical testing after being arrested for a DUI. Assistant state’s attorneys will be available to help police go through the search warrant process to urge DUI suspects to submit to a urine, breath or blood test as required by the state’s implied consent laws. When a person gets a driver’s license in Illinois, he or she automatically gives consent to chemical and field sobriety tests if pulled over by an officer who reasonably suspects the person is driving under the influence.
McMahon went on to say that this is the sixth no-refusal initiative held by the county near the Irish holiday, with the goal being to enhance the enforcement of DUI during a holiday that is associated with drinking. The release also noted that state courts have held that drivers have no right to refuse these types of tests when there is probable cause and that drivers who do refuse after an officer gets a search warrant may face additional charges.
This is the 20th operation of its type since the office began the program back in 2008. Over the last 19 no-refusal operations, a total of 131 drivers were charged with DUI. Most pleaded guilty, but some cases are still pending in court.
Implied Consent and Your License
In operations like Kane County’s no-refusal program, drivers stand to lose their licenses. Because of the implied consent laws, there are immediate penalty possibilities when it comes to your Illinois license if you refuse to submit to testing after being arrested for DUI, and this is true even if you’re not found guilty of DUI.
Under the state’s Statutory Summary Suspension, your license will be suspended 46 days after your arrest for DUI. It will continue for six months if you submitted to testing and twelve months if you didn’t. If you have prior DUI convictions, these suspension periods are even longer.
You Can Fight
You can fight the suspension of your license in the state, although you may need the help of experienced DUI attorneys in Springfield Illinois to make your case. Defenses to the suspension include the officer not having a reason to believe you were driving under the influence or not telling you that you could lose your license if you don’t submit to the tests.