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A woman dressed as a geisha for Halloween was one of 14 drunken-driving suspects arrested last weekend in the biggest “no-refusal” enforcement ever conducted in Kane County.

Thirteen police agencies — 11 municipal departments, the Kane County sheriff’s office and Illinois State Police — participated in the DUI crackdown on Friday and Saturday nights, the most since the program started in 2008.

Of those drivers arrested, only two initially refused to provide a breath sample, a decision that takes the driver to either the St. Charles or Elgin police stations. Kane County assistant state’s attorneys were on hand at both stations to draft a search warrant to be signed by a judge, aimed at compelling the DUI suspect to provide a breath or blood sample.

Both drivers eventually provided breath samples, State’s Attorney John Barsanti said Tuesday.

The enforcement was the fourth “no-refusal” weekend since the program started over Memorial Day weekend in 2008.

The search-warrant procedure is intended to outmaneuver suspects who refuse to comply with state laws that mandate a Breathalyzer test.

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Kane County State’s Attorney John Barsanti says he is considering abandoning an aggressive Kane County DUI campaign due to lack of cooperation from police. He says two nameless Kane County Police departments turned him down after initially expressing interest in conducting “No Refusal” crackdowns.”They thought it was a controversial subject,” he said.

“No Refusal” is a program where police and prosecutors obtain on-the-spot search warrants to draw blood or give breath tests to motorists suspected of driving drunk in Kane County, IL. Drivers who refuse can face additional charges, such as contempt of court.

Kane County Sheriff Pat Perez said he has “absolutely no problem” with the program. He speculated that some police agencies might be concerned defendants would challenge their arrests or file lawsuits because of “No Refusal’s” unique approach.

“The biggest downside is you could have somebody potentially sue you,” he said. Carpentersville Comdr. Tim Bosshart said his department has not yet had a “No Refusal” sting, but “is inclined to participate” and has “no reason not to.”

Barsanti said he is asking nearly 30 police agencies in Kane County whether they’re interested before deciding whether to halt the program, which is funded by DUI grants.

“I can’t do it without the cooperation of a police department,” he said. “If I don’t get anybody that’s interested, it won’t happen again.”
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Have you been Been accused of a DUI in Kany County, IL?

Kany County DUIs can be a headache, but it is essential you hire a top Kane County DUI lawyer to defend you. Illinois DUI laws are very complex and DUI lawyers specilizing in DUIs can free you of a Kane County DUI conviction. If you are convicted of an Illinois DUI it can follow you the rest of your life. Here is what you can expect for a first time Illinois DUI convcition:

First Time Illinois DUI Penalties

• Loss of full driving privileges for a minimum of one (1) year.
• Possible imprisonment for up to one (1) year.
• Maximum fine of $2,500.
• Installation of a Ignition Interlock Device in your car.

These are all things that a Top Kane County DUI Attorney can help you avoid.

Illinois DUI Lawyers

Chicago Illinois DUI Lawyer – Mike Pasquinelli

As early morning darkness envelops his slumbering community, Officer Jeffrey Herra is wide awake and in search of alcohol-impaired drivers.

A typical scenario: Herra sees one, speeding and struggling to stay in his lane on Route 47 just after 3 a.m. In a moment, the driver is pulled over. Herra aims his flashlight at the suspect’s face and asks, “Have you been drinking?”

The suspect answers no. And as soon as he’s opened his mouth to proclaim his sobriety, Herra’s flashlight has captured a blast of his breath. A fuel cell inside measures the presence of alcohol, which shows up on a bar graph on the handle.

The suspect is, in fact, drunk.

Herra calls for back up and proceeds to what police call a field sobriety test. An arrest soon follows.

Last fall, Herra was honored by Mothers Against Drunk Driving for his dedication to arresting drunken driving suspects. Herra has been nominated for a Hometown Heroes award through the Fox River Chapter of the American Red Cross. The awards will be announced in March.

But what makes this officer unusual is that he recovered from a traumatic brain injury that left him without a sense of smell.

“He has adapted and compensated using all other visual cues and a new device a passive alcohol sensor,” Elburn Chief James Linane said. “He’s our top DUI officer. And they’re good arrests.”

Herra made 59 of the 87 DUI arrests in 2006, 21 of the 29 DUI arrests in 2007 and unofficially, 30 of the 31 DUI arrests in 2008, according to police records.

The new technology fulfills a legal requirement of probable cause officers need in order to pull a driver over and do the field sobriety and Breathalyzer test before arrest. Herra still made DUI arrests, but the device helps with an on-the-spot alcohol analysis.

The department acquired the device in August 2007. By March of 2008, Linane said, Kane County courts ruled they would accept the new technology as a scientific measurement of the presence of alcohol.

“What he can’t smell, another officer comes in as the smeller,” Linane said.

That way, Herra’s reports state he relied on the passive alcohol sensor while the second report will state the officer smelled an odor of alcohol.

Herra was 26 when became injured at 2 a.m. Nov. 15, 2001, while working as a full-time officer at Northern Illinois University and a part-time officer in Elburn. While tackling a suspect who had run away from a car being pursued, Herra suffered a skull fracture when his head hit the concrete. Herra suffered a severe concussion with bleeding and swelling on his brain, remaining in a coma for five days at Rockford Memorial Hospital.

“It was touch and go,” Linane said.

Herra said he was back on the streets in 3{ months despite dire predictions he would be out for at least a year and might never return to work. He returned to work and has been full time in Elburn since 2004.

Herra initially sought out the passive alcohol sensor technology to help him with DUI arrests.

A fellow officer, Erich Schlachta, now a sergeant and Herra’s supervisor, had lost his sister in a drunken driving crash.

Schlachta’s family wanted to support anything that would help remove impaired drivers from the road. They paid the $700 for the device so Herra could continue to make DUI arrests.

“This became my mother’s personal crusade for the rest of her life,” Schlachta said.

If you have been arrested for DUI in Kane County contact a Illinois DUI Lawyer to evaluate your case. A lot of the time people are surprised to be found not guilty for their Illinois DUI charge.

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