Play it safe on New Year's Eve

In the mid-1990s, while working at the Daily Illini student newspaper in Champaign, I stumbled upon a small book in the newsroom about how to avoid a driving under the influence arrest.

As a poor college student with a mountain bike and no car, I didn't have to worry about driving after drinking, but I read the book anyway.

It warned readers that a DUI arrest could cost more than $3,000 in attorney fees and fines.

It gave tips to avoid fiddling around with the radio or lighting a cigarette, as these two actions can distract the driver and increase the likelihood of getting pulled over and ultimately arrested.

The book explained the scientific theory of the horizontal gaze nystagmus test and gave pointers on the common mistakes for other field sobriety tests, such as the walk-and-turn and one-leg stand.

Finally, the book said that if the goal is to beat a DUI charge in court — don't consent to field tests and don't take a breath test.

Why?

The field tests are the qualitative evidence gathered by the police officer and the breath test is the quantitative, scientific evidence gathered by police to show the motorist exceeded the legal threshold.

No evidence makes it more difficult for a conviction if the matter heads to court, the book reasoned.

Why is this relevant now?

Kane County State's Attorney Joe McMahon will continue the “No Refusal” program created by his predecessor, John Barsanti.

On New Year's Eve, authorities will set up traffic check points and a judge will be on call to grant police officers an instant warrant to draw blood from motorists arrested on charges of DUI if they refuse field sobriety tests.

Illinois courts have ruled drivers may not refuse a blood draw when police have probable cause.

McMahon also is playing his cards close to the vest, declining to say which communities his office will be working with on Dec. 31.

The bottom line?

Call a cab, get a designated driver or spend the night on a couch or spare bedroom.

Just celebrate safely.

Back by popular demand:

The Kane County Bar Association will host its next monthly “Ask A Lawyer Day” on Saturday, Jan. 8.

The practice started in 2008 for the bar association's 150th anniversary and has continued ever since.

Generally held on the second Saturday of each month, people may call (630) 762-1900 between 9 a.m. and noon for a free consultation with a volunteer attorney.

Officials warn that there is a very high call volume, so people should call back and keep trying because volunteers can't retrieve messages on voice mail.

If you can't get through, you also may visit kanecountybar.org. and click on the “Find A Lawyer” tab to search for an attorney.