As you might already know, drivers in Illinois have sometimes refused Breathalyzer tests during DUI stops. Law enforcement has begun responding to these refusals with what they call “No Refusal” DUI Enforcement.
Often used only on holidays, weekends and other targeted windows of time to combat drunk driving, the No Refusal approach has gained traction throughout the country and has begun to be rolled out on a more expanded basis in counties such as McHenry County.
Under a No Refusal approach, after a driver refuses the Breathalyzer, the police officer gets an “e-warrant” for a blood test. The e-warrant is gained from a judge who is on duty specifically to provide those warrants when needed.
There are already questions, though. Is the warrant enforceable? Perhaps more important, what about the actual carrying out of the warrant? Burdening an already overworked health care worker with the duty of taking blood from someone who must be physically restrained raises questions, not only about the practicality of such an approach, but also to privacy issues. How will this information be used and by whom and for what purpose?
People facing these issues should consult with an attorney who not only understands DUI laws, but also the questions involved in developing areas of law. These cases are sure to raise a number of difficult issues in practice and perhaps even at trial.