whig.com
 
DUI 'time bombs' thwarted through policy of seeking warrants to compel suspects to take tests
Published: 11/25/2009 | Updated: 12/2/2009

By RODNEY HART

Herald-Whig Staff Writer

Late-night visits to judges and search warrants could be the result if a suspected serial drunken driver refuses to give police officers breath or blood samples.

Law enforcement and the Adams County state's attorney are continuing a yearlong crackdown on drunken driving as the Christmas season looms.

A year ago, State's Attorney Jon Barnard began a policy whereby if an officer encounters a visibly impaired driver who has a suspended license from a previous DUI offense, the driver will be asked to either blow into a portable breathalyzer or provide a blood sample.

If the driver refuses, officers are instructed to contact the state's attorney's office -- day or night -- and a search warrant will be sought for the breath or blood sample.

Barnard said 22 search warrants have been requested in the past year as a result of suspected DUI stops. Three cases are pending, but 18 of the 19 cases have resulted in illegal blood alcohol counts and drugs being found.

"These people are dangerous and the reason why we are wanting search warrants," Barnard said. "This is a home run for public safety."

Drivers could face felony obstruction of justice charges if they refuse to provide blood or breath samples.

Court records show many of the drivers had high blood alcohol levels of 0.20 percent or higher. The legal limit in Illinois is 0.08 percent.

"Has it saved lives? It's difficult to argue otherwise," Barnard said. "These people are time bombs."

Illinois State Police Lt. Brad Lacy of Pittsfield's District 20 says the search warrants are effective in getting drunken drivers off the road.

"We started to see a pattern of, 'If I get a DUI, I'm not going to answer or talk,' " Lacy said. "It tied our hands. ... But by us having this tool, it gives us a better case to take it to the courts and get prosecution. ... It's worked very well."

Quincy Police Chief Rob Copley said search warrants are a "great tool to combat the DUI repeat offenders."

"A repeat offender, especially one without a valid drivers license, has literally nothing to lose by refusing to submit to the Breathalyzer or blood test," Copley said. "The states attorney's search warrant policy definitely helps successfully prosecute DUI repeat offenders, which in turn will help keep them off the road."

Assistant State's Attorney Jennifer Cifaldi handles most of the DUI and traffic cases in Adams County. If an officer stops a driver with prior DUI and revoked license convictions, and the driver is suspected of being drunk and refuses to give blood or take a Breathalyzer, the officer calls Cifaldi -- day or night -- to ask for a search warrant.

Cifaldi does the search warrant from home, phones one of seven Adams County judges on call, and e-mails the search warrant to the officer, who then drives to the judge's house to get it signed.

"Our judges are willing to do this and are proactive," Barnard said. "When the facts support it, they will issue search warrants without hesitation because they realize how dangerous these people really are."

Adams County records show that driving under the influence charges in Adams County have almost doubled from 10 years ago.

There were 42 DUI arrests in December 2008 as local law enforcement agencies worked specific DUI details and used roving DUI patrols to target drunken drivers.

There were 422 total DUI charges filed in Adams County in 2008. So far this year, there have been 343.

-- rhart@whig.com/221-3370



Email:
Password:
 

Most Viewed Stories
» SNAKES ALIVE! Animal Control officer says ball of snakes in Quincy yard a sign of spring
» Mistrial declared in case of former Marion County deputy charged in 2007 shooting
» School Board announces plans to trim 32 extracurricular positions from 2009-10 budget
» LaGrange man arrested on statutory rape charge
» Man offering child a ride in Hannibal leads to safety warning from police
Most Emailed Stories
» City Council hears concerns about dog day care in downtown area; businesses cite animal waste, noise issues
» Company gears up for start of Quincy's yard waste collection program next week
» Celtic music will highlight Wednesday festivities in St. Patrick, Mo.
» Woman injured in domestic disturbance in Hannibal
» Civil War group to hold meeting Thursday

Click here to view or buy more photos from local events by Herald-Whig staff Photographers.

Click here for more news and views from Herald-Whig staff writers.