Cops won't take no for an answer with suspected drunken drivers

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buy this photo Ruth Ann Lipic, of the McLean County Chapter of Mothers Against Drunk Driving; Randy McKinley, Bloomington police chief; Kent Crutcher, Normal police chief; Sue Jansky, Illinois State Police District 6 commander; and Mike Emery, McLean County sheriff, listen to Bill Yoder, McLean County state's attorney spell out how DUI offenders would be handled if they refused a blood alcohol test during a press conference at the Law and Justice Center on Wednesday. (The Pantagraph, David Proeber)

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BLOOMINGTON -- The drunken-driving arrest of a Bloomington police officer earlier this year helped convince McLean County State's Attorney Bill Yoder to organize a "no refusal weekend" for suspected drunken drivers pulled over during the July 4 holiday weekend.

Drivers stopped on suspicion of driving under the influence will have to submit to a breath, urine or blood test when requested by police. If a driver refuses, medical personnel will be at police departments to collect blood samples without the suspect's consent.

Yoder said he is not concerned with legal challenges to the testing. The harm caused by DUI-related accidents dictates strong measures by police, he said.

"The fact of the matter is 15,000-plus people die as a result of impaired drivers. It seems to me that that's the drunk drivers waging war on the American people," said Yoder.

Accompanied by local and state police officials and representatives of Mothers Against Drunk Driving, Yoder told reporters Wednesday that Officer William McGonigle's refusal to submit to a breath test may have sent the wrong message to the public.

Discussion after the arrest may have reinforced the idea that "if you want to beat a DUI, refuse testing," said the prosecutor.

McGonigle was stopped by a state trooper on Jan. 31 and charged with driving under the influence. The charge was dropped by a special prosecutor who said he lacked evidence to prove the charge.

A one-year suspension of the officer's driving privileges remains, however, because he refused to submit to tests to determine his blood alcohol content. He is allowed to drive a vehicle equipped with a breath monitoring device.

Yoder said two judges and four prosecutors will be on hand this weekend to handle the search warrants required to compel drivers to submit to the blood tests.

Drivers who contest the blood draw could face criminal charges, he said.

Bloomington defense lawyers Mark D. Johnson James Waller disagreed with Yoder's approach.

"The state is threatening to get a search warrant for every driver who refuses to submit to chemical testing. We believe that the severe penalties for DUI and the consequences upon a person's ability to drive because of a refusal of chemical testing, combined with the good sense of officers in the field, will be an adequate substitute for pursuing a search warrant and wasting court personnel time and taxpayer resources," said Johnson.

"Refusing to submit to blood alcohol testing has nothing to do with avoiding responsibility for a person's actions; it has everything to do with the constitutional right to be secure in one's person from unreasonable searches and seizures," said Waller.

The purpose of the initiative is to raise awareness and not the number of DUI arrests, according to Yoder. Authorities in Kane and Peoria counties have held similar events.

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