Kane County DUI Program May Be Ending

On July 1, 2009, we posted a blog about a Kane County DUI program that has been called the "no refusal" program. The program has been controversial and now some Kane County police agencies are refusing to participate in the program. With this operation, local police agencies set up road blocks pulling over motorists. If the police suspect that the driver is driving under the influence of alcohol they request that they submit to blood draws or breath tests to determine if there is alcohol in their system. Judges are stationed at these road block locations so if a motorists refuses to submit to such a test, a search warrant is obtained on-the-spot. If a driver refuses to comply with the warrant, they can then face additional charges, such as contempt of court and obstruction of justice. At least two local police agencies have informed Kane County State's Attorney John Barsanti that they are refusing to participate in this program. A total of 3 "no refusal" crackdowns have been held. A total of two drivers have refused to comply with these warrants. One driver was charged with contempt of court and won in court. The second was charged with obstruction of justice and his case is still working it's way through court. So far, police in Batavia, Geneva, Elgin, Kane County Sheriff's Police, and Illinois State Police have participated. During the last "no refusal" crackdown, only three drivers were arrested for DUI.

Barsanti has asked 30 local police agencies in Kane County to let him know if they will be interested in participating in future operations. If Barsanti does not receive enough support, he said that he will consider abandoning the program.

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