St. Patrick's Day No-Refusal Weekend Nets 3 Drunken Driving Arrests

Three drunken driving arrests—one in Geneva and two in St. Charles—were one result of Kane County’s St. Patrick’s weekend No-Refusal operation, officials announced Tuesday, April 2.

The no-refusal weekend is a collaboration between the Kane County State’s Attorney’s Office and five law-enforcement agencies: Batavia, Elburn, Geneva, South Elgin and St. Charles.

Authorities obtained three blood-alcohol concentration samples — all breath samples. Of the three samples obtained, two were more than twice Illinois’ threshold of .08, and one was in excess of three times the .08 threshold.

The communities and arrests are as follows:

BATAVIA

• None

GENEVA

• Rickie A. Thomas, 52, of the 700 block of East State Street, Geneva, was charged with one count of aggravated DUI, a Class 4 felony, and one count of driving while license suspended, a Class A misdemeanor. 

ELBURN

• None

SOUTH ELGIN

• None

ST. CHARLES

• Roger E. Loeb, 47, of the 1S block of Thorndon Ridge Drive, St. Charles, was charged with two count of DUI, each a Class A misdemeanor, and other offenses. His next court appearance is set for 8:30 a.m. April 17, 2013, in Courtroom 123 in front of Judge Stanfa.
• Daniel M. Lizalde, 39, of the 1100 block of White Avenue, Aurora, was charged with two counts of DUI, each a Class A misdemeanor. His next court appearance is set for 8:30 a.m. April 24, 2013, in Courtroom 123 in front of Associate Judge Thomas J. Stanfa.

“Our goal with these No-Refusal initiatives is for drivers to be responsible and not drive if they have been drinking alcohol,” Kane County State’s Attorney Joe McMahon said. "That would mean zero DUI arrests. But we are pleased that we were able to get BAC samples from everyone charged, and we are pleased that three impaired drivers were removed from the roads.

“We will continue to work with our police agencies on the No-Refusal initiatives as a law-enforcement tool, and as a means to deter and educate about the dangers and consequences of drunken driving. We believe the process has been effective.”

The March 15-16, 2013, No-Refusal was the third in Kane County held relative to St. Patrick’s Day. The first St. Patrick’s No-Refusal was in March 2009. St. Charles was the only participating agency and three motorists were charged with DUI during that initiative. The second St. Patrick’s No-Refusal was in March 2012. Thirteen agencies participated and 21 motorists were charged with DUI.

St. Patrick’s Weekend Details

From 11 p.m. March 15 to 3 a.m. March 16 and from 11 p.m. March 16 to 3 a.m. March 17, 2013, officers who stopped and then arrested a suspected drunken driver — a driver who was lawfully stopped for a moving violation and subsequently displayed signs of impairment or intoxication – transported the suspect to the local police station.

At the station, each suspect was asked to submit a blood-alcohol concentration sample in the form of breath. Any suspect who refused to provide the sample was instructed that a search warrant would be sought ordering them to provide the sample if they continued to refuse. Any suspect who continued to refuse to submit to chemical testing after a being presented with a search warrant likely would have faced additional sanctions. Illinois courts have consistently held that there is no right to refuse chemical testing when probable cause exists.

Of the four who were arrested, one initially refused to provide the lawfully requested BAC sample. When told that law enforcement would obtain a search warrant that gives police the authority to collect a blood, breath or urine sample, the defendant continued to refuse. When presented with the search warrant, the defendant agreed to provide the breath sample. No blood samples were collected.

The BAC breath samples collected were .09, .164, and .243.

Illinois law states that a person is presumed to be unlawfully intoxicated for the purposes of operating a motor vehicle if his or her BAC is .08 or higher.

Two offenders have at least one prior DUI offense.

According to numerous sources, impairment becomes severe when a person’s BAC reaches .250, and a person with a BAC of .300 likely is in a state of stupor and at risk of alcohol poisoning and death.

Background

The St. Patrick’s weekend 2013 No-Refusal initiative was the 12th to be conducted in Kane County; the first was in May 2008. In total, 108 motorists have been charged. Most of the defendants from the prior No-Refusal Initiatives have pleaded guilty to DUI, although many cases are pending.

The initiative is designed to thwart suspected drunken drivers who refuse to submit to a breath test after an arrest on DUI charges. Through the No Refusal strategy, officers expedite the DUI booking process. With guidance from an assistant state’s attorney, officers efficiently seek a search warrant to compel a DUI suspect to submit to a lawfully requested BAC test as required by Illinois’ Implied Consent statute.

The operation is buoyed by Illinois law and the courts, including the fact that driving is not a right but a privilege granted by the Secretary of State; Illinois’ Implied Consent statute, which is based on the principle that when people drive on Illinois streets and roads, they have implicitly consented to submit to a lawfully requested test to determine the alcohol content of their blood, breath, urine or other bodily substance; and Schmerber vs. California, in which the U.S. Supreme Court ruled in 1966 that taking blood against a person’s wishes did not violate a person’s Fourth Amendment protection against unreasonable searches and seizures or compel self-incrimination.

For the last several years, according to the Illinois Secretary of State’s Office, approximately 50,000 motorists each year are cited for DUI. Of those, about 40 percent, or 20,000, refuse to submit to a BAC test, denying the state lawfully allowed evidence needed to prosecute a criminal case. The No-Refusal operation is designed to ensure that the evidence is lawfully collected.

NHTSA National DUI Facts

• Between midnight and 3 a.m., drunken driving claims a life every 23 minutes
• Every day, 1,440 people are injured and 29 are killed because of drunken driving
• 11,000 people die on U.S. roads every year because of drunken driving

SOURCE: Kane County State's Attorney's Office

Patch reports on law enforcement activity in Kane County, using information provided by official agencies. Persons charged with a crime, or issued a citation for violation of a local ordinance, are presumed innocent until proven guilty in a court of law. If you or a family member are charged with a crime or cited for a violation, and the charge or citation is subsequently adjudicated, we encourage you to notify Patch editor Rick Nagel at rickn@patch.com and we will do follow-up reporting on the case.