Wednesday, July 1, 2009

Chicago DUI lawyer says here we go again another "No Refusal DUI Weekend"

I've posted about "No Refusal" DUI weekends in the past in Kane County and Peoria County. This year I even posted on a judge's decision to release a person held in contempt of court for refusing to consent to a search warrant for blood after refusing a DUI breath test in Kane County. It looks like the prosecutors elsewhere in the state aren't quite certain of the law:


Suspected drunken drivers will be forced to submit to a blood test if they refuse a breathalyzer test during the Fourth of July weekend in McLean County.

A press conference is set for 2 p.m. Wednesday to discuss the initiative, according to a statement from McLean County State's Attorney Bill Yoder on Tuesday. Expected to be in attendance will be Yoder's office, Illinois State Police, McLean County sheriff's department and Bloomington and Normal police.

"Under Illinois law, there is no right to refuse a breath test," Yoder said in the statement. "For too long, we have allowed the drunk driver to attempt to avoid responsibility for his or her actions by refusing to submit to blood alcohol testing. That will not be the case for this weekend."

Authorities will seek a search warrant authorizing law enforcement to draw blood from any alleged DUI offender who refuses to submit to a breathalyzer test, Yoder said.

I disagree. You do have a right to refuse chemical testing. Let's go straight to the horse's mouth and look at the Illinois State Laws:

625 ILCS 5-11/501 Driving Under the Influence

(625 ILCS 5/11‑501) (from Ch. 95 1/2, par. 11‑501)
Sec. 11‑501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

625 ILCS 5/11-501.1-Suspension of drivers license; statutory summary alcohol, other drug or drugs, or intoxicating compound or compounds related suspension; implied consent.
(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under paragraph (a) and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more.

If the person doesn't have a right to refuse, when would thereever be a case without an actual blood, breath, or urine measure of alcohol or drugs provided in a DUI case. If the person doesn't have a right to refuse, why does the law specifically detail what will happen to the individual's driving privileges if they refuse. If State's Attorney Yoder is right then the laws cited above make no sense.

Anyone else find it ironic that State's Attorney Yoder plans to take away rights granted by the State of Illinois to citizens on Independence Weekend?

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973