Halloween marks another “No refusal” DUI sting taking place in Kane County.
State Attorney John Basanti came forward this week after previously questioning if the stings would be able to continue. A few departments didn’t want to be a part of the operation and that seemed to slow things down a bit.
According to this article from The Chronicle, it’s not clear which departments didn’t want to be a part of the stings, why, or if they reconsidered. What is clear is that some citizens feel the stings infringe on some of their rights.
The way the sting works is this: If you are pulled over and suspected of DUI a police officer may ask you to submit a breath test. If you refuse, the program has judges on call to potentially issue a warrant forcing you to submit.
Some are concerned these stings cost the state extra money and take police away from other crime fighting business that is more important. Even police chiefs and mayors are feeling the push to not participate in the program.
Typically, if you refuse a DUI and are later found guilty of the charge you can face additional penalties at sentencing. However, if a warrant was issued for your breath test and you still refuse, you can face additional criminal charges including obstruction of justice or resisting an officer.
Looking at the potential of jail time and fines that goes with a DUI conviction can be quite frightening. If this is your first DUI it is considered a Class A misdemeanor and carries fairly harsh sentencing penalties. If, however, you are looking at your second or third DUI conviction, the penalties are dramatically increased.
When up against charges like these, you need an experienced Illinois DUI attorney on your side. Contact me to discuss your case today.