McMahon: 'No Refusal' helps secure DUI evidence
Authorities made seven DUI arrests, and had to get one search warrant for a breath test, during the 19th and latest No Refusal patrol in Kane County.
Last week's event was the fourth held on the Wednesday before Thanksgiving.
Kane County State's Attorney Joe McMahon said Tuesday during his monthly meeting with reporters that seven arrests is about the average for a No Refusal event in which prosecutors work with an on-call judge to secure search warrants for drivers who are arrested but refuse breath and chemical tests.
McMahon also clarified that a No Refusal event is different from a safety checkpoint in which officers randomly pull over motorists at certain locations to check for impaired driving, insurance cards and seat belt use.
"A No Refusal is not a roadblock (to randomly stop motorists)," McMahon said. "When they refuse, we don't have the benefit to the breath test results. This is a way to get additional evidence. As time passes, the ability to collect evidence disappears when we're talking about somebody's blood alcohol concentration."
McMahon said prosecutors and police have become more efficient in obtaining search warrants for motorists who refuse a breath or chemical test. Those who continue to refuse can have a blood sample taken by force or be charged with obstruction of justice, a felony.
During the Nov. 25 event, prosecutors secured a search warrant for one driver who was arrested and refused, McMahon said. The driver eventually took a breath test after being presented with the warrant, but authorities also had a phlebotomist on call to take blood if needed.
McMahon said no decision has been made on whether to hold a No Refusal on New Year's Eve and that his office gives advance notice to get people to make alternative transportation plans.
"I encourage people to (celebrate), but I want them to be able to do it safely and get home safely," he said.
McMahon has said his goal is zero DUI arrests on a No Refusal night, but that could prove elusive.
A No Refusal was held during the February 2015 blizzard for the Super Bowl and authorities still made one DUI arrest.
Participating police agencies were Algonquin, Aurora, Carpentersville, East Dundee, Elgin, Huntley, Geneva, Montgomery, South Elgin, St. Charles and West Dundee, along with the Kane County sheriff and Illinois State Police Districts 2 and 15.