Pretrial Release in Will County: What Happens After an Arrest
11/03/2026
A DUI arrest in Will County starts two separate processes at the same moment. One is a criminal case that goes to the courthouse in Joliet. The other is a license suspension that runs on its own clock. Missing a deadline on either one can hurt your case.
We handle DUI defense for people arrested across Will County. This guide walks through the order of events and the dates that matter.
After a DUI arrest in Will County, a criminal case and a license suspension begin together. A first DUI is a Class A misdemeanor, usually heard on the third floor of the Joliet courthouse. The suspension takes effect on the 46th day after notice, and you have 90 days to ask a judge to challenge it.
Illinois law: 625 ILCS 5/11-501 (opens in a new tab), 625 ILCS 5/11-501.1 (opens in a new tab), and 625 ILCS 5/2-118.1 (opens in a new tab).
What You Are Handed After a Will County DUI Arrest
After a DUI arrest, you are typically given a traffic citation with a court date and a notice of statutory summary suspension. Keep both. The notice starts the license clock, and the citation tells you when to appear.
Many people are released soon after the arrest. Illinois law makes everyone charged eligible for pretrial release before conviction, and cash bail ended statewide on September 18, 2023. Our guide to pretrial release in Will County explains how that works.
Your License: The 46-Day Clock and the 90-Day Window
The statutory summary suspension takes effect on the 46th day after the notice was given to you. It is separate from the criminal case.
You have 90 days after the notice to make a written request for a hearing in the circuit court. In Will County, that is the court in Joliet. The court holds the hearing within 30 days after it receives your request or the first appearance date on your citation. Filing the request does not stop the suspension from starting.
Because day 46 arrives quickly, the timing matters. Driving relief may be available through a permit. See restricted driving permits after a DUI. If you refused a test, the rules differ. See what refusing a breath test means for your license.
Where a Will County DUI Case Is Heard
A misdemeanor DUI in Will County is heard at the Will County Courthouse, 100 West Jefferson Street, Joliet. The Circuit Clerk lists misdemeanor cases on the third floor and felony cases on the fourth. Our Will County Courthouse guide covers hours, security, and parking.
Your citation lists your court date and room. If it names a branch court in Bolingbrook, Plainfield, or Frankfort, go there instead. The Clerk’s public schedule or the Clerk’s office at (815) 727-8592 can confirm it.
What a First DUI Means in the Criminal Case
A first DUI is a Class A misdemeanor under Illinois law. A Class A misdemeanor carries a sentence of imprisonment of less than one year, along with other penalties the court can set. What the court actually orders depends on the facts, the evidence, and your history.
Court supervision, when it is granted and completed, is not a conviction. Not every case qualifies. See DUI court supervision in Illinois and possible outcomes for a DUI case.
When a DUI Becomes a Felony in Joliet
Some DUI arrests are charged as aggravated DUI, which is a felony. Illinois law lists the triggers. They include a third or later DUI, a DUI while driving a school bus with passengers, and a crash that caused great bodily harm or death.
Felony cases are heard on the fourth floor and prosecuted by the Will County State’s Attorney’s Office. A third DUI is a Class 2 felony. Most other aggravated DUI charges are Class 4 felonies. Read more in felony DUI in Illinois.
What We Look At First in a Will County DUI
Most DUI cases turn on a handful of questions. We start with these:
- Why the officer stopped the vehicle, and whether the stop was lawful
- How field sobriety tests were given and scored
- How the breath or blood test was done, and whether the records are complete
- What any squad car or body camera video shows compared with the report
- Whether the notice of suspension and your deadlines were handled correctly
Our guides on how police judge impairment during a stop and body camera footage compared with the police report explain two of these in more detail.
Steps to Take Before Your First Court Date
Steps to Take After a DUI Arrest in Will County
Five things to do before your first appearance in Joliet.
- Keep every piece of paperHold on to the citation, the notice of summary suspension, and any release paperwork. The dates on them control your deadlines.
- Mark the two license deadlinesWrite down the 46th day after your notice and the 90-day deadline to request a hearing on the suspension.
- Confirm your court date and roomCheck your citation, look up your case in the Circuit Clerk's public schedule, or call (815) 727-8592.
- Write down what you rememberNote where you were stopped, what the officer said and did, and what you drank and when. Do not post about the arrest online.
- Talk with a DUI attorney before you appearAn attorney can review the stop and the testing and explain your options before your first appearance.
How We Approach a Will County DUI
One of our attorneys is a former Will County prosecutor, and all of our attorneys have prosecuted cases before defending them. Our Frankfort office is the closest of our locations to Joliet.
We review the stop, the testing, and the paperwork before your first date. If this is your first charge, start with our first DUI guide.
Questions About a DUI Arrest in Will County
The statutory summary suspension takes effect on the 46th day after the notice was given to you. It is separate from the criminal case and starts on its own schedule.
Yes. You have 90 days after the notice to make a written request for a hearing in the circuit court. The request does not stop the suspension from starting, so the timing matters.
Most Will County DUI cases are heard at the Will County Courthouse, 100 West Jefferson Street, Joliet. Misdemeanor cases are listed on the third floor, and your citation shows your room.
No. A first DUI is a Class A misdemeanor. It can be charged as a felony only if an aggravating factor applies, such as a crash that caused great bodily harm or a school bus with passengers.
Yes. Release is conditioned on attending every court date. A missed date typically leads to a warrant. Our guide to what to do if there is a warrant explains the next steps.
Those are Will County branch courts, and your paperwork controls. If the citation names a branch court, go there. If you are unsure, call the Clerk at (815) 727-8592 before you travel.
You can appear on your own, but a DUI also carries license consequences that move quickly. Our guide on whether you need a lawyer for a first DUI covers what to weigh.
Ready to Talk About Your Will County DUI
You will speak with an attorney, not an intake screener. Tell us when you were arrested and when your court date is, and you will get a straight read on the deadlines you face.
Call our Frankfort office at (815) 384-0050 or reach out through our contact page before your first appearance in Joliet.
This page is general information about Illinois law and is not legal advice. Deadlines and outcomes depend on the facts of each arrest and the charge filed. Speak with an attorney about your situation.
