This St. Patrick's Day, Kane County will conduct a "no refusal" day. This means if you are arrested for a DUI in Kane County, they will get a warrant to take your blood if you refuse a blood or breath test.
In a typical DUI arrest, if you refuse to take a breath or blood test, there are not enough resources available for them to get a warrant for your blood in every case, so they mark a "refusal" on your suspension paperwork and you walk away charged with only one DUI for being under the influence. Because they can't prove you were over a .08, you are not also charged with that separate DUI charge.
However, on "no refusal" days, the State's Attorneys work with the judges to have a judge on call so the police can go straight to that available judge to ask for a warrant. The judge signs the warrant, and there is a phlebotomist also on call to take the person's blood.
Last year, the "no refusal" day extra patrols resulted in 40 arrests in the county.
If you are stopped, arrested or charged with a DUI or are unsure whether to submit to a chemical test, call us at the Toney Law Firm, LLC, 24 hours a day.