Illinois is one of many states across the nation to adopt a No Refusal DUI Initiative, aimed at reducing accidents and deaths due to intoxicated driving. Under No Refusal, drivers who are pulled over and arrested for DUI may be issued a speedy warrant and compelled to take chemical sobriety tests. Each Illinois county has the jurisdiction to enact a No Refusal policy, typically around holidays or dates correlating with a higher frequency of drunk driving, such as Fourth of July weekend and New Year's Eve.
While all DUI cases are complex, those which occur while No Refusal is in effect can be especially difficult due to a streamlined process which gives drivers less leeway to exercise their rights. If you are out on the roads, here is what you should know about the No Refusal DUI Initiative and how it may affect you.
How does ‘No Refusal DUI' Differ from Normal DUI Policies and Circumstances?
Under normal circumstances, an individual pulled over for suspected DUI has the right to refuse taking any sobriety tests. Following arrest, that individual would be legally obligated to take chemical tests under an implied consent law. They still may exercise their right to refuse, and refusal will result in statutory summary suspension and possible criminal charges.
When a ‘no-refusal' policy is in effect, however, judges are available on-call to quickly issue electronic warrants, which allows law enforcement officers to compel (and take by force if necessary) blood, urine or breath samples for chemical testing. Medical personnel are typically also on-call or available onsite to carry out immediate chemical testing. Essentially, what No Refusal does is streamline the process of obtaining a warrant and conducting chemical tests, which would be time-consuming and infrequent under regular circumstances.
How Can ‘No Refusal DUI' Affect Me?
If you are pulled over or arrested while No Refusal is in effect, you may be compelled by a warrant to take chemical tests, which you cannot refuse. Ultimately, samples for chemical sobriety tests can even be forcibly obtained when backed by a warrant.
During normal DUI circumstances, the process of obtaining a warrant and conducting chemical tests takes time, which allows an opportunity for your blood alcohol concentration to lower. However, the availability of judges and medical personnel during No Refusal makes the process immediate, meaning there is little time for you to sober up.
In short, if you are pulled over for suspected DUI during No Refusal, you are at a severe disadvantage.
What Should I Do if I am Arrested During a No Refusal DUI Initiative?
The single most important and beneficial action you can take when dealing with a DUI is to seek the representation of an experienced DUI attorney who actively practices in your jurisdiction. An attorney who is familiar with the region your case is located will know, better than anyone or any search result, how your case may stack up in court.
Any DUI case is complex, and has potential to result in both criminal and administrative penalties. You may have your driver's license suspended or even face criminal charges. The results of warranted chemical tests can exacerbate the complexity and difficulty of a DUI case, meaning that if you are arrested during No Refusal, your case may be even more difficult to defend. During such situations, quality legal representation can make all the difference.
Arrested for DUI? Call the DuPage County DUI Lawyers at Dolci & Weiland
When dealing with a DUI, your primary concern may be to protect your rights and find the right attorney. At Dolci & Weiland, we have actively defended clients in the northern Illinois region for over 26 years. If you have been arrested or charged with a DUI, we are here to answer your questions and secure you the optimal outcome or your case. To schedule a free consultation and find out how we can defend your case, contact us at (630) 261-9098.