Changes To McHenry County Drunk Driving Testing

McHenry County Drunk Driving Accidents

Accidents in which the driver is impaired by alcohol usage or, increasingly, when the driver is drug-impaired continue to happen in significant numbers.  On this site, McHenry County accidents which involve impaired driving can be found in posts found under the “DUI” category.   As seen in those crashes, impaired driving often causes serious accident injuries and in some cases fatalities.

In an effort to deter drunk driving – especially that done by “repeat offenders” – there has been a recently announced change in policy with regard to DUI testing by police departments in McHenry County.  The changes are discussed in a variety of media sources, including the April 13 Chicago Tribune article titled “New DUI policy:  Refuse breath test, cop will seek instant warrant for blood test” as well as the McHenry County State’s Attorney’s Office press release titled “Police Departments in McHenry County Instituting a ‘No Refusal’ DUI Policy.”

Notable excerpts from the McHenry County State’s Attorney’s Office press release:

Starting April 15, 2018, the Algonquin, Cary, Harvard, Huntley Johnsburg, Lake in the Hills, McHenry, Spring Grove, and Woodstock Police Departments, in collaboration with the McHenry County State’s Attorney’s Office, will institute a new policy whereby a warrant for a blood draw will be obtained for any DUI suspect that refuses breathalyzer testing.


While DUI suspects face severe civil penalties, such as suspension of driving privileges, if they refuse breathalyzer testing, police cannot generally require or physically force a suspect to submit.  As such, many DUI suspects, mostly those who subjectively believe their blood alcohol concentration to be above the legal limit of 0.08 g/dL, often attempt to obstruct a DUI investigation by refusing to submit to breathalyzer testing. This is especially true of repeat DUI offenders.  Refusal is done in an effort to ensure that breathalyzer results cannot be used in a subsequent criminal prosecution.

The new policy will no longer allow DUI suspects to undermine criminal prosecutions in this way.  Rather, should a DUI suspect refuse breathalyzer testing, a warrant will be sought allowing police to draw the suspect’s blood.  Should the warrant be granted, the suspect will be transported to a nearby emergency room where his/her blood will be drawn and tested for blood alcohol concentration.  This policy will ensure that prosecutors are equipped with the strongest possible evidence in court and, thereby, that all DUI offenders are held accountable.

Additional Details Regarding This New McHenry County DUI Testing Policy 

Additional details concerning this new drunk driving testing can be seen in the sources mentioned above.

Categories DUI