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Three arrested in 'no-refusal' weekend in Kane County

Three people were arrested during a “no refusal” DUI campaign New Year's Eve in Kane County.

Of those, two consented immediately to taking a blood-alcohol breath test. The third refused, even when told police would obtain a search warrant to compel a breath test or blood draw. Police obtained the warrant and the suspect then agreed to be tested.

State's Attorney Joe McMahon said he believes the advance publicity of the campaign had its intended effect — that people thought twice about drinking and driving on that festive evening.

“There were a lot of taxicabs on the street. ... We want people to enjoy themselves lawfully,” he said.

“You could not miss seeing a squad car on Main Street (in St. Charles),” Assistant State's Attorney Steve Sims said.

McMahon's office worked with police in Batavia, Elgin, Geneva, Montgomery and St. Charles as well as the Kane County Sheriff's Department, from 11 p.m. Dec. 31 to 4 a.m. Jan. 1. An assistant state's attorney was stationed at the St. Charles police station for any suspect who refused testing, which would've have resulted in an obstruction of justice charge.

The two who took breath tests blew .131 and .152. The state's legal threshold is .08.

The BAC content of the blood test on the third has not been returned.

Batavia police arrested Daniel R. Ellingsworth, 31, of the 400 block of Delia Street, Batavia. He was charged with misdemeanor driving under the influence of alcohol. He also faces unspecified traffic offenses.

Elgin police arrested Kali Freeman, 35, of the 1700 block of East State Street, Rockford. He was charged with misdemeanor driving under the influence of alcohol.

St. Charles police arrested Badamgarav U. Balamjav, 41, of Arlington, Va. She was charged with misdemeanor driving under the influence of alcohol.

“This will not be the last no-refusal operation,” McMahon said.

He said he may expand the program, so that state's attorneys and phlebotomists are available in several locations.