According to FindLaw, the concept known as implied consent refers to the agreement motorists make when they apply for a driver's license that they will consent to a blood-alcohol test if officers have reason to believe they're over the limit. Typically it's done with a breathalyzer test.
Illinois motorists who refuse a breathalyzer test automatically lose their license for at least six months.
But repeat offenders might rather lose their license than provide evidence of yet another DUI, thereby risking an harsher penalty. That's the rationale behind so-called "no-refusal" weekends, described in a Chicago Tribune article, during which officers are urged to secure warrants for blood samples when suspected drunk drivers refuse a BAC test.
Illinois DUI lawyers likely are paying close attention to Kane County's plans to do another no-refusal weekend soon, since the process raises serious legal questions. State's Attorney John Barsanti told reporters "We've got one in the works," but declined to give further details.
During no-refusal weekends, prosecutors and judges remain on call to draft search warrants for blood samples when allegedly drunken motorists refuse to provide samples. A phlebotomist, who performs the actual blood draw, also is on call.
While most motorists served with such warrants in the past have complied, DUI suspects in two cases refused. A driver in one of those cases was charged with contempt of court but a judge later dismissed the charge, claiming it was not a good legal fit. The other driver who refused was charged with obstruction of justice; that case still is making its way through the courts.
And since Illinois law does not explicitly allow blood samples to be taken by force, prosecutors remain perplexed about how to hold the suspect accountable for his or her refusal beyond the standard suspension.
Related Resources:
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Drunk Driving: Elements of the Offense (FindLaw)
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Controversial New Law Broadens Police Powers Against Drunk Drivers (FindLaw KnowledgeBase)
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Contact a Chicago DUI Attorney (FindLaw)
