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Editorial: 'No Refusal' DUI crackdowns are useful tool

Kane County has started its own holiday tradition, one that has the potential to save lives. It's a tradition that we'd like to see expanded in other suburban areas as well.

As Daily Herald staff writer Harry Hitzeman reported last week, the Kane County state's attorney's office is joining with law enforcement agencies across the county to hold a "No Refusal" DUI patrol event on Nov. 26, the day before Thanksgiving.

Known as "Black Wednesday," the night before Thanksgiving has become a celebratory event that involves drinking, much like St. Patrick's s Day. "The input we get from police departments and community groups like MADD (Mothers Against Drunk Driving) and AAIM (Alliance Against Intoxicated Motorists) is that the Wednesday before Thanksgiving's a night where we should do extra work," said Kane County State's Attorney Joe McMahon.

The "No Refusal" roadblock works this way: prosecutors fan out to area police departments, ready to prepare a search warrant in case a motorist under arrest for DUI refuses a breath test. The prosecutors then contact an on-call judge for a warrant, and finally an on-call phlebotomist to obtain a blood draw. If the motorist still refuses, felony obstruction of justice charges may be filed.

McMahon's office has held similar "No Refusal" events around holidays such as Halloween, St. Patrick's Day, New Year's Eve and Super Bowl Sunday.

According to the National Highway Traffic Safety Administration, about one in four suspected drunken drivers refuse a breath test, making it more difficult to prosecute. That's why the agency says nine states - Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Missouri, Texas and Utah - have implemented "No Refusal" initiatives. Another 29 have the legal authority to implement the program.

The programs have not come without some controversy. A quick look at comments on dailyherald.com show some questioning the program on constitutional grounds.

But McMahon has said in the past that the goal is zero arrests. "We want people to go out and have a good time and get home safely. We'd all like our roads to be as safe as possible."

Indeed that's the real benefit of a program like this. If you are going to drink, don't drive, especially on a night you've been warned about heightened scrutiny. Ten people charged with DUI didn't heed that warning on St. Patrick's Day weekend in Kane County this year. In total, 123 motorists have been charged with DUI as a result of 16 "No Refusal" events. DuPage County has also conducted a "No Refusal" crackdown.

Local law agencies and those fighting the scourge of drunken driving are correct that this provides an effective tool to get drunken drivers off the road.

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