Winnebago County law enforcement agencies will participate in a “No Refusal Weekend” over the Fourth of July holiday to discourage DUI suspects from refusing blood or breath tests, Winnebago County State’s Attorney Joe Bruscato said today during a news conference.
Any DUI suspect who refuses a breathalyzer, during the special detail, will be taken to the Winnebago County Jail where prosecutors will help police officers throughout the county obtain a search warrant from a Winnebago County judge ordering the suspect to submit a blood sample, Bruscato said.
Here’s the real rub:
A judge’s search warrant to obtain a blood sample is an order directed at law enforcement to collect the sample. If the defendant refuses and a charge of obstructing justice is filed, it would likely be based on an allegation that the defendant is destroying blood evidence, DeRango said.
DUI blood evidence is eliminated by the body over time, DeRango said.
So, if you refuse, you are charged with felony obstruction of justice for destroying blood evidence, which would be impossible NOT to destroy by their definition. It is destroyed by your continued illegal action of remaining alive and breathing in and out. Since the liver, circulatory system and respiratory system are all participating, prepare for RICO charges as well.