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March 21, 2022

Six drunk drivers were arrested throughout Kane County as part of the St. Patrick's weekend No-Refusal Operation
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Six drunk drivers were arrested throughout Kane County as part of the St. Patrick’s weekend No-Refusal Operation

Features • March 21, 2022

St. Patrick’s weekend ‘No-Refusal Operation’ nets six drunk drivers in Kane County

By

KANE COUNTY — Through a collaborative effort of the Kane County State’s Attorney’s Office and 12 Kane County law-enforcement agencies, six drunk drivers were taken off the road preventing harm to residents, stated Kane County State’s Attorney Jamie Mosser.

The 12 agencies that participated in the operation included police departments in Aurora, Batavia, Carpentersville, Elgin, Elburn, Geneva, Montgomery, Pingree Grove, St. Charles, and South Elgin. The Illinois State Police District 15 and the Kane County Sheriff’s Office also participated.

Once a suspected drunk driver was pulled over and arrested by a law enforcement officer, the offender would be transported to their local police station.

At the police station, the offender would be requested to submit to a Breathalyzer. Any suspect who refused to provide the sample would have been instructed by an assistant state’s attorney that a court order would be sought, ordering them to provide the sample if they continued to refuse.

Any suspect who continued to refuse to submit to chemical testing after being presented with a search warrant would have faced additional charges.

Mosser explained that Illinois courts have consistently held that there is no right to refuse chemical testing when probable cause exists.

In addition, Illinois law states that a person is presumed to be unlawfully intoxicated to operate a motor vehicle if their blood-alcohol concentration is .08 or higher.

Individuals that were arrested as a result of the No-Refusal operation were found to have blood-alcohol concentrations of .280, .182, .177, .115, .108, and .088 respectively.

“We conduct these No-Refusal events to keep our community safe from drunk drivers. Every DUI crash is preventable,” said Mosser. “Remember that there are plenty of transportation options: a taxi, a designated driver, Uber, Lyft, and more. Please choose a safe option for yourself, for your family and friends, and for others on the road. My thanks to the departments that participated in this and assistant state’s attorneys who worked to help hold these individuals accountable.”

The Aurora Police Department, the Illinois State Police District 15, and the South Elgin Police Department all made one arrest each through the St. Patrick’s Day weekend initiative.

The St. Charles Police Department had the highest number of drunk driver occurrences, making three arrests total. All other participating law enforcement agencies saw no arrests relating to drunk driving.

“The St. Patrick’s Weekend No-Refusal initiative was the 26th to be conducted in Kane County. The first was held in May 2008. Including the 25 prior No-Refusals, a total of 160 motorists have been charged for their decision to get drunk and get behind the wheel of a car,” said Mosser.

Through the “No Refusal” strategy, police officers can gather the evidence necessary to hold the offenders accountable.

With guidance from an assistant state’s attorney, officers are also able to quickly obtain a search warrant to compel a DUI suspect to submit to a lawfully requested blood or breath test as required by Illinois’ Implied Consent Statute.

“Driving is not a right but a privilege granted by the Secretary of State,” said Mosser.