Bolingbrook DUI: One Village, Two Counties, One Suspension

Two courthouses, one set of rules

The hearing request goes to the circuit court of venue, which means the court of the county where the arrest happened (625 ILCS 5/2-118.1(b)). The state law is the same in both places. The calendar, the room and the local routine are not.

Check the ticket for the court

The Bolingbrook Police Department covers the whole village, so an officer from the same department may write a ticket that ends up in either county. Look for the court named on the citation and for the case number format. If the court on your paper does not match what you expected, call before the date and ask which county the arrest location belongs to.

Jeff takes cases in Will County. For a DuPage County date, call first so he can confirm whether he can take it well before your date in Wheaton.

A high reading and what it opens

Many Bolingbrook drivers who call have a number from the station and want to know what it means. A reading of 0.08 or more is the legal threshold. A first violation at 0.16 or more adds a minimum of 100 hours of community service and a $500 fine (625 ILCS 5/11-501(c)(4)). The high BAC page explains those rules, and the breath test problems page covers how a result is produced and questioned.

The license side starts earlier than the court side. Read the summary suspension page and the petition to rescind page this week, and decide which hearing to request before day 90. The first offense DUI page covers the court case.

How the number is measured, and your right to a second test

Illinois states alcohol concentration as grams of alcohol per 100 milliliters of blood, or grams per 210 liters of breath (625 ILCS 5/11-501.2(a)). Whoever tests you must follow standards set by the Illinois State Police, and a blood draw must be done by a physician, nurse, trained phlebotomist or paramedic, or another person the State Police approve. The same section says you may have your own physician or qualified technician give you an additional test, and that failing to get one does not keep the officer's test out of evidence.

It also says that, on your request, full information about the test must be made available to you or your attorney. Ask for it early in writing, and give that request to Jeff.

Bring the dates along with the ticket

Bolingbrook drivers often arrive at the first call with a ticket and no notice, or the other way around. Both papers matter. The ticket carries the court and the criminal date. The notice carries the date the suspension starts. If either is missing, say so on the first call. The Secretary of State and the court can both be asked for copies, and Jeff can ask for them if you do not have them.

Before you give a written statement to an insurer or employer about the arrest, talk to Jeff.

The first week

1. Put the notice, the ticket and the receipt in one folder.
2. Write the stop down while you remember it: place, time, what was said, what you drank or took and when.
3. Find out which county your ticket names.
4. Call Jeff, so the 46 day and 90 day dates are on a calendar that someone else is also watching.

More about Bolingbrook

The firm's page for the village, including its other practice areas, is at Areas We Serve: Bolingbrook.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.