CAN POLICE ARREST YOU FOR DUI OUTSIDE CITY LIMITS?

The Illinois criminal code generally limits arrests outside a police officer’s jurisdiction except under certain circumstances. The Illinois municipal code, however, permits an officer to make an arrest in an adjoining municipality as long as it is within the same county.

Under the criminal code, an officer may arrest you in another jurisdiction (1) if the officer is investigating criminal activity that occurred in the officer’s primary jurisdiction and the temporary questioning or arrest relates to that investigation; (2) the officer becomes personally aware of the immediate commission of a felony or misdemeanor; or (3) the officer is asked by other law enforcement officials for help. (See 725 ILCS 5/107-4.)

A recent Illinois appellate case, People v Bond, allowed a Blue Island police officer to arrest a defendant for DUI on the Chicago side of a Blue Island street. The defendant was asleep in his illegally parked car which jutted into traffic. The Blue Island officer crossed into Chicago to investigate the parking offense and arrested the defendant upon finding evidence of DUI. While it was unusual for an officer to cross into an adjoining jurisdiction for a petty offense, the court found that the officer had the authority under the municipal code to arrest the defendant. (65 ILCS 5/7-4-7 and 65 ILCS 5/7-4-8.)

If you are arrested for DUI or a similar offense, contact an experienced DUI attorney immediately. An experienced attorney can review your case for its best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related post: Outside the City Limits: Hot Pursuit in Illinois.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)