Suspected drunk drivers to take blood test in Kane County May 18, 2008
Posted by healthandsurvival in Drugs, Politics and Medicine, Society, Survival, health.Tags: alcohol, blood test, civil rights, drunk, law, medicine, police, Survival
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Suspected drunk drivers who refuse to take a breath test when stopped by police in Kane County may have to give up a blood sample instead.
At least some of the time.
The pilot program — the first of its kind in the Chicago area — will allow police to quickly obtain a search warrant if a suspected drunk driver refuses a breath test, Kane County authorities said Wednesday. With the warrant, the motorist must submit to a blood test to check for alcohol or face additional charges.
The policy will be in effect on so-called “No Refusal‚” weekends when the number of drunk drivers typically is higher, prosecutors said in announcing the new program.
“It’s another weapon in the war on drunken driving,” Kane County State’s Attorney John Barsanti said.
Statistics show about 40 percent of suspected drunk drivers curbed by police in Illinois refuse to take breath tests — a step that typically makes it more difficult to win a DUI conviction when the drivers appear in court, Barsanti said.
The “No Refusal‚” program gives police and prosecutors another option if a motorist refuses to take a breath test. Police can rapidly obtain a search warrant that requires a driver to submit a blood sample, which then can be analyzed to determine if that driver is impaired. The test results will help prosecutors more easily obtain drunken driving convictions, Barsanti said.
“I really expect this will go well. It’s worked in other areas,” said Barsanti, who is modeling the program after one used in Harris County, Texas.
The policy, though, won’t be in force every weekend because of the manpower and effort involved. A judge must be on duty to sign search warrants and a certified phlebotomist has to be available to draw blood for testing.
“It’s a little bit involved,” Barsanti said.
Ideally, the policy will be enforced on selected weekends — though Barsanti sees it as a deterrent that might cut down on drunk driving all the time.
The program has the backing of a Chicago area advocacy group, but wasn’t well-received by defense attorneys who deal regularly with drunk-driving cases.
“We’re very, very happy they’re doing this. I think we’re going to see more drunk drivers getting convicted,” said Charlene Chapman, executive director of the Schaumburg-based Alliance Against Intoxicated Motorists.
Aurora-based attorney David Camic predicted the policy would face legal challenges.
“The law apparently allows it, but we expect it will be heavily contested,” Camic said.
Isn’t it easier to ban refusal to take a breath test?
The Blood collection centers that you drive past, with your windows up and your car doors locked, with those persons ’sleeping’ on the sidewalk, are inspected and approved by the United States Food and Drug Administration, an agency of the United States Government. Yes, each one is inspected and approved. They are collecting Blood that my own family might use!
Drunk and drive is a very common and very serious problem nowadays in every country. Though its hard to take breath sample for every suspects so its easy and very good idea to take blood sample for suspects.
Nice to see such an Ideas for this very serious problems. I am having one very simple suggesion for all the readers “Don’t drunk while driving”.
salman and paris you need to wake up,I hope they tell you one day that they suspect your drunk and get a warrant to draw your blood , then tell them but sir I dont drink and they say we dont care your taking the test whether you like it or not.
Its about rights and our Constitution it has nothing to do with drinking and driving,its about big brother and an authoritarian government imposing its will on the people whether we like it or not.
If you dont mind being dictated to i guess its alright,I was’nt raised in a dictatorship like Germany or Russia I was somewhat raised in a free society,and roadside check points are illegal they violate our fourth amendment rights to illegal search and seizure.
They are not supposed to impede the citizens path of travel,Hitler in Germany used to have check points all over,now look at us we have check points every week in our country is’nt that great I feel so protected,and us dummies just sit back and take it up the butts!!