Lemont DUI: Find Your Court by Where the Arrest Happened

Three counties, three outcomes for your calendar

• Cook County part. The case goes to the Circuit Court of Cook County, Fifth Municipal District, 10220 S 76th Ave, Bridgeview, IL 60455. Jeff already handles cases heard there for Lemont matters.
• Will County part. The case is filed with the Circuit Clerk of Will County and heard at the Will County Courthouse in Joliet.
• DuPage County part. The case is heard in Wheaton. Call Jeff first to confirm he can take it.

It is not your home county that decides this. A Lemont resident arrested in Lemont or elsewhere is tried where the arrest took place.

The paperwork follows the same route

The Lemont Police Department is the agency that most often makes stops within the village limits. After a DUI arrest, the officer sends a sworn report to the circuit court of venue and to the Secretary of State (625 ILCS 5/11-501.1(d)). That means the first filing about your suspension reaches the same county court that will later hear your criminal case.

Your written request for a hearing on the suspension also goes to that circuit court, and the law gives you 90 days from the notice (625 ILCS 5/2-118.1(b)). Read the after a DUI arrest page for the first few days, then the summary suspension page for your license.

When the arrest is not in Lemont

Lemont residents are often stopped in other towns on the way home from work, and out-of-towners are stopped in Lemont. The rule does not change. The arrest location decides the court. If you live in Lemont and were arrested in the south suburbs, the ticket may name a courthouse you did not expect. The first offense DUI page explains the usual path through court, and the court supervision page covers one common outcome. Jeff cannot promise any result. The reinstatement page explains the license steps after the case.

What the officer has to tell you at the station

Illinois requires the officer to warn you before asking for a chemical test (625 ILCS 5/11-501.1(c)). The warning covers three points. A refusal leads to a statutory summary suspension, and to disqualification from commercial driving if you hold a CDL. A test that shows 0.08 or more, or the presence of cannabis at the statutory level, or a controlled substance, also leads to a suspension. A driver under 21 gets an extra warning about a lower threshold.

You are asked to acknowledge the warning in writing. If you decline to sign, the officer writes that on the form, and the statute says your refusal to sign is not evidence that you were not read the warning. What the officer said, and in what order, is therefore a question about the facts of your own stop. Jeff reads the form against the report.

A note for people stopped far from home

Some Lemont drivers are arrested well outside the village, and the officer may be from an agency Jeff has never dealt with. The same state rules apply everywhere in Illinois: the same 46th day, the same 90 day request window, and the same warning at the station. What changes is the courthouse and its routine, and the Lemont police page covers only arrests by that department.

Why county lines matter more here

In towns that sit in one county, a mistake about venue costs a few days. In Lemont, it can cost a missed court date in the wrong building. Check the paper, call to confirm, and arrive early to whichever courthouse is named on it. If the paper and the map disagree, Jeff sorts that out before the date, not on it.

Local pages

For other services the firm offers in the village, see Areas We Serve: Lemont.

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