UPDATE 4/17/18: Peoria County State's Attorney Jerry Brady said Lt. Michael Boland did not meet the minimum legal blood-alcohol content threshold for a DUI prosecution. Full story here.
ORIGINAL: A Peoria police lieutenant allegedly made an Illinois State Police trooper fear for their safety during his recent DUI arrest and was reportedly riding in a vehicle with a fellow Peoria police department employee.
An Illinois State Police report obtained exclusively by 25 News through the Freedom of Information Act details the April 4 arrest of Peoria Police Lt. Michael Boland, the head of the department's criminal investigations division.
According to the report, Boland was spotted by a state trooper at the intersection of Sheridan and W. Eleanor at 2:38 a.m. on April 4 after his vehicle was traveling 39 miles per hour in a 30 mile per hour zone and crossing the center lane with its left tires. The trooper pulled over the Kia Boland was driving in a parking lot off Sheridan and Main.
The officer said they smelled the "strong odor of alcoholic beverage" from the vehicle when they approached the driver's side window, and also noted Boland's speech was impaired. Boland was asked by the trooper the reason for his speed, to which he did not reportedly reply. When the trooper asked if there was a reason for Boland's speed besides the alcohol, he reportedly replied "What alcohol?" Boland provided his license, but did not have proof of insurance.
The trooper then checked Boland for any outstanding warrants and a valid license before asking him to step out of the vehicle. Boland got out, but when asked to walk to the front of the ISP squad car to "make sure he was okay to drive home tonight", attempted to get back into his vehicle and asked the trooper "why not?" when the trooper told him not to get back in his car. The trooper physically restrained Boland by grabbing his arm and moved him away from the vehicle. He also reportedly said he didn't have to stand in front of the squad car.
The trooper then said they feared for their safety due to Boland's repeated non-compliance and called for backup from the Peoria Police Department. Boland refused to take a field sobriety test. The trooper told him he had that right, but that he or she would then arrest him for DUI based on his impaired speech, strong smell of alcohol on his breath and red, glassy eyes. Boland reportedly told the trooper he had "just got up to bring her car around," referring to his female passenger.
When a Peoria Police squad car appeared on scene, Boland reportedly told the trooper to "go talk to them." The trooper refused and again asked Boland to take a field sobriety test, which he reportedly again refused. The trooper said Boland made a fist and swung in front of his body as he or she attempted to place him under arrest, at which point he was restrained. Boland continued to turn his body around and had to be ordered to stop, according to the report.
Boland was placed into the squad car's front seat after being told to sit all the way inside the vehicle. The trooper then talked to the Peoria police officer on scene, who told the trooper Boland was a Peoria police lieutenant.
The passenger, a 22-year-old woman, was then asked to take a breath test to see if she was able to drive her vehicle home. The woman refused, and had her mother pick her up. Peoria Police Public Information Officer Amy Dotson said the woman is a city of Peoria employee. A post on a Peoria Police Department-affiliated Facebook page indicated the woman was hired as an information technician with the Peoria Police Department after participating in both the Explorers program and Cadets program with the Peoria Police Department.
The information technician was not cited or arrested on any charges in connection with the incident, Peoria County Court records show.
Boland reportedly asked for his cell phone, and the trooper placed it into his front pocket. When he pulled his phone out and said he was going to "make some calls," the trooper told him that wasn't allowed at the time. Boland allegedly continued trying to make a call, at which point the phone was taken from him. He laughed when this happened, the trooper wrote in the report.
Boland was arrested for driving under the influence of alcohol at 3:32 a.m. and given a citation. Boland told the trooper he understood and signed an acknowledgment of the receipt. He was off-duty at the time of the arrest.
Boland then underwent a 20-minute observation period from 3:32 to 3:52 a.m. The trooper noted he did not burp, belch or place anything into his mouth during this period. A breath sample taken at 3:52 a.m. showed a breath alcohol concentration of .019.
When asked why he would not let the trooper check his eyes, Boland said he didn't want to say "because of the camera." Boland also said he did not spill alcohol on himself when asked, the report said.
A motion to quash will be heard in court on April 19. It is unclear who filed the motion or on what grounds from online court records. Boland is also still scheduled to appear in Peoria County Court on May 25 for a first appearance on citations for driving under the influence of alcohol, improper lane usage, and driving 1-10 miles per hour above the speed limit.
Peoria Police confirm the Lieutenant is now back on the job after briefly being on paid administrative leave. In an April 5 telephone interview with 25 News, Boland said he planned to hire an attorney.