Holiday testing for DUI defendants starts in Kane County
Some people accused or convicted of driving under the influence of alcohol in Kane County are now being ordered to spend their holiday weekends taking alcohol tests.
The new tests were ordered for 17 people in August, to be conducted over the Labor Day weekend.
It is one more tool, said Kane County State's Attorney John Barsanti, to get people with alcohol problems to avoid drinking or, if they fail, to get them into jail. "I don't pretend it solves all our problems," Barsanti said, adding that he hopes at least some people will stop and think about the consequences before cracking open a beer. "We just try to keep chipping away."
The program is called "holiday testing." Over Labor Day, people had to report to an office in St. Charles at eight specific times: Once on Friday night, morning and evening on Saturday, Sunday and Monday, and once on Tuesday morning. They were given breath tests.
The tests were ordered by Associate Judge Kevin T. Busch, who is assigned to DUI court.
One person failed to show up for half the tests, and another was found to have a blood-alcohol concentration of .01. That person admitted to drinking one beer earlier in the day, Barsanti said. The results will be reported to Busch. It will be up to the judge to decide if their sentences should be modified.
Penalties for failing the test or not taking it could include changes in the terms of bond agreements, or revocation of bond for those who haven't been convicted. Those who have been granted court supervision could be brought back to court and convicted; and those serving probation on DUI could be resentenced to jail time.
The tests are in addition to other measures typically ordered by judges, including random drug and alcohol tests and wearing of alcohol-use monitoring devices.
Assistant State's Attorney Steve Sims said even with the monitors, called SCRAM bracelets, some people are just too tempted to drink at holiday times, when surrounded by friends and relatives who are imbibing. Sims learned that this kind of testing was being done in Michigan.
Michigan-based Drug and Alcohol Testing Centers Inc. is administering the breath tests, at $4 per test. The defendants pay the cost.
Besides breath tests, the company also can do urine tests for drugs and alcohol, and oral swabs for drugs, if a judge is inclined to order those, Barsanti said.
Barsanti called the tests "one more tool" to combat DUIs. He also suggested the tests could be ordered in domestic violence cases, saying the use of alcohol on holidays seems to lead to an upswing in those cases.
The holiday alcohol tests will be administered at Thanksgiving; New Year's Eve and Day; Super Bowl weekend; St. Patrick's Day; weekends during the NCAA men's basketball tournament; Memorial Day; Independence Day; and next Labor Day.