Chicago DUI lawyer says even the police are refusing the "no-refusal" DUI programs

This Chicago DUI lawyer is heartened to see that police officers are willing to recognize the laws of Illinois, even when the prosecutor doesn't. I've posted here, here, and here about a rash of controversial activities that requires a person to submit to chemical testing of their blood during a DUI arrest, in direct opposition to the law. It looks like the police aren't interested in trampling your rights either.

August 11, Chicago, IL

An anti-drunken driving program in Kane County may be in jeopardy after two police agencies said they wouldn't participate because of controversies associated with it, State's Atty. John Barsanti said Tuesday.

Barsanti declined to name the two departments but said both had initially expressed interest in the county's so-called "no-refusal" program, which targets suspected drunken drivers who decline to blow into a Breathalyzer.

"The bottom line is we're reaching out to all these various departments and if they're not interested, it's not going to happen again," he said.

Three "no-refusal" weekends have been held in Kane County since last year. During the enforcement period, prosecutors and a judge are on call to authorize search warrants meant to compel suspected drunken drivers into providing a breath or blood sample.

Declining to provide a sample results in a suspension of driving privileges, but potential repeat DUI offenders prefer the suspension to the revocation that comes with a second drunken driving conviction, according to authorities, who say prosecuting a DUI case is much harder without a sample.

Barsanti said he planned to talk with representatives from the two police agencies to zero in on their specific objections. The program has drawn criticism from those who consider it an abuse of police power.

"There are some people who think that if I have a glass of wine with my steak dinner, then some Gestapo police officer will pull me over and stick a needle in my arm," Barsanti said.

But "no-refusal" has been a "good, aggressive" program that has resulted in many convictions, including repeat offenders and usually of drivers whose blood-alcohol levels were substantially above the 0.08 percent legal limit, he said.

No driver has been physically forced to provide a sample. And those halted faced the same standard as any DUI arrest. Drivers were pulled over after first demonstrating probable cause--such as driving erratically--and then were charged after showing signs of intoxication, Barsanti said.

Two drivers have refused to give a sample after being served with a warrant. The first was charged with contempt of court, but was later cleared. After that, prosecutors tried a different tack and charged the second "refuser" with obstruction of justice. That case is still working through the court system.

The police know when your rights are going to be trampled. Now the prosecutor has to go and try to convince the police departments to participate in this travesty of justice.