Kane State’s Attorney launches No-Refusal for New Year’s Eve

ST. CHARLES TOWNSHIP – Kane County State’s Attorney Jamie Mosser and local police agencies will partner on an initiative to reduce the incidence of impaired driving on New Year’s Eve, Dec. 31, and in the early hours of New Year’s Day, Jan. 1, officials announced in a news release.

The initiative, called a “No-Refusal” operation, is designed to assist police efforts to obtain a search warrant for individuals who refuse to submit to chemical testing after a DUI arrest, according to the release.

“Everyone is at greater risk when an impaired person is driving,” Mosser said in the release. “History has shown that more people will choose to drink too much and then drive the night of New Year’s Eve and early Jan. 1. We want people to be responsible and use designated drivers, taxis, Uber or Lyft.”

Assistant state’s attorneys will be available to assist officers through the search warrant process if necessary to compel a DUI suspect to submit to a lawfully requested blood, breath or urine test as required by state law.

Illinois courts have held that a person has no right to refuse chemical testing when probable cause exists, according to the release.

Anyone who declines to submit to chemical testing after being presented with a search warrant should expect to face additional charges.

“We partner with police to obtain search warrants so we can get the evidence to prosecute anyone who chooses to compromise public safety,” Mosser said in the release. “My thanks to all in law enforcement who will be working that night. I hope everyone gets home safe including those in law enforcement.”

The State’s Attorney’s Office has been working with local police on No-Refusal operations since 2008.

The most recent No-Refusal operation, conducted the night before Thanksgiving, involved eight police agencies in Kane County and yielded the issuance of one search warrant against a driver who was stopped on suspicion of drunken driving.