After a DUI Arrest in Will County: Your First 10 Days

The two dates that run from your notice

When you take a chemical test that shows 0.08 or more, or you refuse, the officer serves you a notice of statutory summary suspension. Everything is counted from the date on that notice (625 ILCS 5/11-501.1(f), (g)).

Filing the request does not pause the suspension. The statute says the hearing process shall not stay or delay it. The court must hold the hearing within 30 days after it receives the request or on the first appearance date on the ticket (2-118.1(b)).

Put your own dates into the DUI deadline calculator. Count from the notice date, not from the court date.

Your first 10 days checklist

1. Day 1. Find the paperwork. You should have a Uniform Traffic Ticket, the suspension notice and release paperwork. Put them in one folder. Photograph each page.
2. Day 1. Write the notice date on a calendar. Mark day 46 and day 90. Mark the court date on the ticket too.
3. Day 1. Write down what happened. Where you were, why you were stopped, what you were asked, what tests you took and what you ate or drank. Do it before the details fade.
4. Day 2. Do not post about it. Social media posts and texts can be used by the State.
5. Day 2. Get your car and belongings sorted. Ask the agency on your paperwork where the vehicle is and what you need to retrieve it.
6. Day 3. Call Jeff. Bring the folder. He will read the notice and the ticket to confirm which dates apply.
7. Day 3 to 5. List witnesses and places. Names of people you were with, receipts from a bar or restaurant, and any business with a camera near the stop.
8. Day 5. Ask for the video. Jeff can send a request for squad car and body camera video, the officer's reports and the test records.
9. Day 7. Decide on the petition. Jeff reviews whether to ask the court to rescind the suspension, and drafts the written request if so.
10. Day 10. Plan how you will get around. The suspension starts on day 46. Ask Jeff whether a permit is possible so you can plan work and school trips.

What a petition to rescind can and cannot cover

The hearing is narrow. The court looks only at a short list of issues set by the statute (2-118.1(b)):

• Whether you were arrested for DUI, as shown by the ticket.
• Whether the officer had reasonable grounds to believe you were driving or in actual physical control while under the influence.
• For a refusal case, whether you refused after being told your license would be suspended.
• For a test case, whether you took a test that showed 0.08 or more, or a listed drug amount, after the warning.

It is a civil hearing and can be decided on the officer's reports, and you may subpoena the officer. It is not a trial of the DUI charge. For the full process see petition to rescind and statutory summary suspension.

Things people do wrong in the first week

• Counting from the court date. The clocks start at the notice, which can be weeks before your first court appearance.
• Waiting to see how the criminal case goes. The suspension has its own deadline, and the 90 day window can close before the case does.
• Throwing away papers. The notice proves your dates.
• Talking about the arrest with friends or in messages. Keep details between you and Jeff.
• Driving after the suspension starts. Driving on a suspended or revoked license is its own charge. See driving while revoked.

What happens next

1. Your first court date is set on the ticket. For an arrest in Will County it is heard at the Will County Courthouse, 100 W Jefferson St, Joliet.
2. Jeff files his appearance and asks for the police reports and video.
3. If a petition to rescind is filed, the court sets a hearing within 30 days of the request or on the first appearance date.
4. On day 46 the suspension begins unless the court has rescinded it. If you hold a permit, you may drive within its terms while the suspension runs.
5. The criminal case continues on its own schedule, through motions, negotiation or trial.

How Jeff helps

• Confirms your day 46 and day 90 dates from the notice itself.
• Files the written request for the rescission hearing before the 90 day window closes.
• Requests the reports and video you will need.
• Explains which driving permits you may qualify for and when.
• Keeps the suspension case and the criminal case lined up so one does not hurt the other.

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