Chicago DUI lawyer comments on prosecutor's decision to make it a felony offense if you don't blow at your DUI arrest

I am happy to report that Kane County's No Refusal weekend resulted in no one being forced to give blood after a search warrant was issued. I have posted about Kane County's desire to change the laws of Illinois and the U.S. Constitution as it relates to DUI's here, here, and here.

July 7, Elgin, Il

A weekend crackdown in Elgin netted eight suspected drunken drivers, including a man who was charged with a felony after he declined to provide a breath or blood sample after being served with a warrant.

The outcome of that man's case could decide whether future "no refusal" stings are carried out, Kane County State's Atty. John Barsanti said today.

"If we don't get back-up from the courts, then maybe 'no refusal' doesn't work in Kane County," Barsanti said.

During the first "no refusal" action in May 2008, a motorist who refused after being served with a warrant was charged with contempt of court, but a judge later ruled the man's actions did not amount to contempt. Now, faced with the same situation, prosecutors are trying a different charge.

But if these charges don't hold up in court, future enforcement actions could be called off, Barsanti said. Word would spread that there were no additional consequences for refusing to give a sample, he said.

"I have no teeth," Barsanti said. "There has to be some downside to refusing or there's no point in doing it."

A potential felony conviction on a driver's record would provide incentive to cooperate, Barsanti said.

"That never goes away," he said.

Some states authorize the forced taking of a blood sample, but state law is vague on whether that would be legal in Illinois. Police and prosecutors, citing safety reasons, have not used force in any of the three "no refusal" weekends conducted in Kane County over the past year.

So now a DUI, which for a first-time offender is generally a misdemeanor charge, can cause you to be charged with a felony obstruction charge if you fail to give the government evidence it can use against you. Kane County is looking less and less like America. I hope the judges in Kane County are ready for this new interpretation of the Illinois Constitution and the U.S. Constitution. Slowly, but surely, Kane County is determined to take away your rights.