Associated Press - May 25, 2009 11:34 AM ET

CHICAGO (AP) - The Cook County state's attorney's office says an off-duty Chicago police officer charged in a fatal hit & run was not given a Breathalyzer test for almost four hours after his arrest.

The tests showed that Officer Richard Bolling had a blood-alcohol level of 0.079. That's just under the 0.08 legal limit.

A Chicago police spokesman says the department wouldn't comment on the test.

The 39-year-old Bolling is charged with reckless homicide, DUI and hit & run after allegedly striking and killing a 13-year-old boy riding his bicycle on the South Side early Friday.

Relatives of the boy, Trenton Booker, say he sneaked out with friends after going to bed.

Bolling remains jailed on $2 million bond. He's due in court Tuesday.

Information from: Chicago Sun-Times, http://www.suntimes.com/index

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