Anti-DUI Initiative Planned For New Year's In Kane County

KANE COUNTY, IL — The Kane County State's Attorney's Office as well as police agencies across the county will take part in an impaired driving abatement initiative on New Year's Eve and during the early morning hours of New Year's Day.

The "no-refusal operation" will allow authorities to obtain a search warrant for individuals who refuse to submit to chemical testing following an arrest for drunken driving, according to a news release from the Kane County State's Attorney's Office.

Assistant state's attorneys will be on hand to assist police officers through the search warrant process, which is meant to compel a DUI suspect to submit to a lawfully requested blood, breath or urine test as required by Illinois law, according to the news release.

Illinois courts have held that a person has no right to refuse chemical testing when probable
cause exists, according to prosecutors. Anyone who declines to submit to chemical testing after being presented with a search warrant could face additional charges.

Kane County State's Attorney Jamie Mosser said New Year's Eve and early on New Year's Day are historically dates when more drivers drink and drive. She said people who chose to drink should utilize designated drivers, taxis and ride-share programs like Uber or Lyft.

"We partner with police to obtain search warrants so we can get the evidence to prosecute anyone who chooses to compromise public safety," Mosser said.

The Kane County State’s Attorney’s Office has been working with local police on no-refusal operations since 2008. The most recent no-refusal operation, conducted the night before Thanksgiving, involved eight police agencies throughout Kane County and yielded the issuance of one search warrant against an individual who was stopped on suspicion of DUI.