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Kane County 'No Refusal' events working to change behavior

Authorities made seven DUI arrests in Kane County's latest "No Refusal" event the Wednesday before Thanksgiving, which is regarded as the biggest party day of the year.

State's Attorney Joe McMahon said Tuesday the goal is to change behavior, not maximize arrests, and feedback from police showed more people taking cabs that night or making alternative transportation plans.

"The goal is really no arrests. The goal is to educate the public and to change their behavior," McMahon said, adding he believes this year's program was a success.

Overall, 16 law enforcement agencies participated and included large departments, such as Elgin and Aurora, and smaller departments, such as Elburn and Pingree Grove.

A "No Refusal" event is different from a roadside safety checkpoint, where officers check for insurance and seat belt compliance.

In a "No Refusal" event, prosecutors fan out to local police stations and prepare search warrants for an on-call judge to approve if a motorist arrested on charges of DUI refused to take a breath or blood test.

A judge may approve a search warrant within an hour, authorizing police to use force to have a certified phlebotomist take blood.

If a motorist still refuses, he can be charged with obstruction of justice.

In the arrest of Daniel C. Heather, 58, of the 400 block of Beatrice Avenue, St. Charles, authorities obtained a warrant authorizing the use of force to obtain a chemical test, according to court records. Heather complied after he was presented with the warrant, records show.

The Nov. 26 "No Refusal" event was the third year in a row it was held on "Black Wednesday."

McMahon said he was saddened by a fatal crash Nov. 28 in which a 65-year-old St. Charles woman was killed in a head-on crash.

Joshua Spudich, 23, is accused of driving while high on heroin and other drugs and causing the death of Susan Gorecki, of St. Charles.

Spudich faces up to 14 years in prison if convicted of aggravated DUI and McMahon is prosecuting the case himself.

"My enthusiasm with getting the message out (about 'No Refusal') was tempered a but. A day and a half later, in the middle of the afternoon, there's a horrific crash." McMahon said. "There are some people who are going to continue with this behavior despite the consequences, despite our best efforts."

Kane to hold’ No Refusal’ DUI patrol before Halloween, Thanksgiving

Nov. 21 'No Refusal' results in 14 DUI arrests

Kane County plans another 'No Refusal' DUI patrol Nov. 26

'No Refusal' DUI crackdowns good tool

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