Kane authorities plan 'No Refusal' DUI patrol for Super Bowl Sunday

Updated 1/19/2019 9:16 PM

The Kane County state's attorney's office and law enforcement agencies will conduct a "No Refusal" DUI patrol on Feb. 3, the third time such an operation will be held on Super Bowl Sunday.

"We want to change behavior," State's Attorney Joe McMahon said this week during his monthly media meeting. "We're not trying to surprise anybody. We're not trying to trick anybody."

McMahon said next month's No Refusal will be the county's 23rd overall and the third time such an operation is held on Super Bowl Sunday.

Overall, police have made 143 arrests in No Refusal events, which also have been held on St. Patrick's Day and the day before Thanksgiving known as "Black Wednesday." The last one held on Super Bowl Sunday in 2015 netted only one arrest because the area was hit with a significant snowfall.

McMahon said the goal isn't arrests; it's getting people to take responsibility by using a designated driver or hiring a ride, such as Uber, Lyft or a taxi.

"That's one of the reasons we give people notice," he said.

A No Refusal is not a roadside checkpoint. Rather, it's a strategy that helps police gather evidence in a DUI arrest if a driver declines field sobriety tests and subsequent chemical tests, a tactic often used by repeat offenders.

During a "No Refusal" night, a judge and phlebotomist are on call.

If a driver arrested on charges of DUI refuses a breath or chemical test, the police work with the prosecutor to petition a judge for a search warrant to get a chemical test. Speeding up the process can help authorities get a more accurate blood-alcohol concentration result before a driver sobers up.

If a driver refuses, the sample may be taken by force and the driver could be charged with felony obstruction of justice.

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