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  4.  » DuPage County DUI No Refusal Weekend Challenged

DuPage County DUI No Refusal Weekend Challenged

| Sep 9, 2011 | Illinois DUI Laws |

Below is the press release issued by the prosecutors of DuPage, claiming that the County ‘enjoys’ having their citizen’s rights abused. The State’s Attorney is quoted as saying: “Our office has received overwhelmingly positive feedback from the police departments throughout the County, and we will likely organize this type of initiative again in the near future in hopes of discouraging people from drinking and driving.”

It is not against the law to drink and drive in Illinois. It is the duty of the prosecutors to PROTECT persons who engage in lawful activities; not to harass them.

Ramsell & Associates will be representing and defending any persons whose rights were wrongfully violated. If you or a loved one were arrested, stopped, or otherwise ticketed, call us at 630-665-8780 to determine your rights.

In fact, it appears as if the program was illegallly run. The
press release states: “A licensed phlebotomist was on hand to draw the
arrestee’s blood for chemical testing following the issuance of a search
warrant.”
 In a non-sterile environment? That by itself is illegal. Cathee
Tankersley, the director of the Phoenix College Law Enforcement Phlebotomy
course, would probably agree that it’s a good idea to draw blood in a sterile
environment. According to her textbook, health care facilities are required by
OSHA to disinfect the areas where blood is drawn once every eight hours. Why?
Because it’s important that patients not be put at risk of contracting
bacterial and other infections, like HIV and Hepatitis B and C. “

In several other Phlebotomy websites, it states:

Quality control is also very important for hospital phlebotomists, since it’s essential
that they don’t allow a sample to become contaminated. They must make sure that
all of their equipment has been sanitized, and that they are able to draw blood
from the patient in a sterile environment. Since contamination of the blood
sample could result in inaccurate laboratory test results, the job of a
phlebotomist is absolutely essential.“

Here is what the US Supreme Court said in Schmerber v. California, when they approved
of warrantless blood draws for alcohol:

“We are thus not presented with the serious questions which would arise if a search
involving use of a medical technique, even the most rudimentary sort, were made
by other than medical personnel or in other than a medical environment-for
example, if it were administered by police in the privacy of the stationhouse.
To tolerate searches under these conditions might be to invite an unjustified
element of personal risk of infection or pain.”

Here is the press release:

DuPage County Enjoys Successful “No Refusal”

Labor Day Weekend

 

One arrestee had been arrested five previous times for
DUI

 

WHEATON –
DuPage County State’s Attorney Robert B. Berlin and DuPage County Sherriff John
Zaruba announced today that the DuPage County Labor Day No Refusal Weekend was
an overwhelming success.
The County-wide “No Refusal Weekend,” was designed to combat the increasing
number of arrestees who refuse to submit to a breathalyzer following an arrest
for Driving Under the Influence. To further that goal, search warrants were
sought for anyone pulled over and arrested for DUI who refused to submit to a
breathalyzer in DuPage County over Labor Day Weekend. A licensed phlebotomist
was on hand to draw the arrestee’s blood for chemical testing following the
issuance of a search warrant.
A total of six search warrants were issued over the weekend for arrestees who
refused the breathalyzer. Of the six arrestees, only one was a first time
suspected DUI offender. In addition, of the six arrestees, three were third
time offenders, two had three DUI arrests in 2011 alone and three had suspended
or revoked licenses for a prior DUI.
In one case a warrant was issued for an arrestee who had been arrested five
previous times for DUI.  Of this arrestee’s five prior DUI arrests, he had
only one disposition of court supervision in 2001. This arrestee also refused
all field sobriety testing in addition to refusing the breathalyzer.
“A five-time repeat DUI offender with only one guilty finding on his record is
a person who clearly thinks that the DUI laws don’t apply to him,” Berlin said.
“This is someone who is a clear danger to our community.”
Throughout the No Refusal initiative, approximately 70 DUI arrests were made
across DuPage County. Approximately 90% of those arrestees submitted to the
breathalyzer without the issuance of a search warrant. This percentage is much
higher than Illinois average of approximately 50% during a non-initiative time
frame.
“When you look at the statistics of the Labor Day DUI arrests, there is no
denying the positive impact our No Refusal weekend had on the community,”
Berlin said. “Our office has received overwhelmingly positive feedback from the
police departments throughout the County, and we will likely organize this type
of initiative again in the near future in hopes of discouraging people from
drinking and driving.”