Kane Co. prosecutor considers ending DUI stings

Kane County State's Attorney John Barsanti says he might abandon an aggressive DUI campaign due to lack of cooperation from police.

Barsanti said Tuesday that he was recently turned down by two municipal police departments that previously expressed interest in conducting "No Refusal" crackdowns in their jurisdictions. The agencies, which Barsanti would not name, objected because "they thought it was a controversial subject," he said.

"It's kind of surprising to me. I thought we would have more support from the law enforcement communities," Barsanti said.

"No Refusal" is a program where police and prosecutors obtain on-the-spot search warrants to draw blood or give breath tests to motorists suspected of driving drunk. Drivers who refuse can face additional charges, such as contempt of court.

Locally, the program was introduced Memorial Day 2008 in unincorporated Kane County, and has continued on subsequent holidays in the Tri-Cities and Elgin, yielding more than 20 arrests.

Barsanti said the departments that have decided to not participate "were not all that clear" about why, but he speculated that some members of the public might view the operation as "an abuse of power," even though it is within the law.

"It's not lost on me that there are people in the community who don't like it," he said. "I think, generally, they don't understand it completely."

One misperception, Barsanti said, might be that officers randomly pull over drivers and "stick a needle in their arms." Instead, police must first have a reason to do a traffic stop, then probable cause to request a voluntary DUI test.

Only after the initial offer is refused do authorities seek orders from a judge. Even then, it is up to the driver to decide whether to comply or face additional charges.

Sgt. Matt Udelhoven, commander of Elgin's traffic unit, said he supports the program, which resulted in nine local arrests over the July 4 holiday this year.

"I think there was a misunderstanding that if you refused to blow you were going to be forced down, restrained and have blood taken from you," Udelhoven said. "That's not the case."

Kane County Sheriff Pat Perez said he also has "absolutely no problem" with the program. He speculated that some police agencies might be concerned defendants would challenge their arrests or file lawsuits because of "No Refusal's" unique approach.

"The biggest downside is you could have somebody potentially sue you," he said. Carpentersville Comdr. Tim Bosshart said his department has not yet had a "No Refusal" sting, but "is inclined to participate" and has "no reason not to."

Barsanti said he is asking nearly 30 police agencies in Kane County whether they're interested before deciding whether to halt the program, which is funded by grants.

"I can't do it without the cooperation of a police department," he said. "If I don't get anybody that's interested, it won't happen again."