“Just say no,” had no meaning during recent weekends for suspected DUI drivers in Peoria County. Peoria County implemented some “No Refusal” weekends.
The process works like this: When a suspected DUI driver is stopped, they will, as always, be offered the opportunity to take a breath test.
If the driver refuses, he or she remains in police custody, while a police officer and an assistant state’s attorney seek a court order from a judge to draw blood to check the person’s blood alcohol content.
Those who refuse the blood test after the judge’s order is obtained could be charged with obstruction of justice, a Class 4 felony, punishable by up to three years in prison.
The process seems burdensome. It seems time consuming. To some, it may seem like a violation of personal rights.
But, getting drunk drivers off the road is something all should agree is an important priority for law enforcement.
The argument that this constitutes a violation of personal rights is weak. Personal rights have to be protected. Everyone needs to be vigilant to protect them. And, in this case, they are protected.
Before blood can be drawn against the driver’s will, the police and the assistant state’s attorney have to explain probable cause to the judge from whom they are seeking a warrant.
When the Illinois State Police, Peoria police, Peoria County Sheriff’s Department and Peoria Heights police stopped suspected drunk drivers over the “No Refusal” weekends, a few people refused the breath test and warrants for blood tests were obtained.
Their rights were protected, and the public was protected.
It was a win-win situation.
Due process was observed and drunk drivers were taken off the road.
It is true a motorist can refuse the breath test and take a mandatory suspension of their license under normal circumstances.
That is where most critics of this idea end their argument.
The law, however, states a driver has already given consent to tests for impaired driving.
In the Illinois Rules of the Road it states, “When driving on Illinois roadways, you automatically consent to submit to certain tests. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.”
The “No Refusal” weekend is the idea of Peoria County State’s Attorney Kevin Lyons. It is a good idea worthy of being policy all day, everyday.
Tazewell County State’s Attorney Stu Umholtz and the county’s law enforcement departments should jump on the band wagon, so to speak.
Peoria’s sister county across the Illinois River is no stranger to alcohol-related car accidents, including plenty of fatalities.
One more measure to keep Tazewell County drivers and their passengers safe is worth giving a try.
