Sen. Don Harmon
Filed: 3/28/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1088




2
    AMENDMENT NO. ______. Amend Senate Bill 1088 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Illinois Vehicle Code is amended  by 
5
changing Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7
    (Text of Section from P.A. 93-1093)
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    Sec. 11-501. Driving while under the influence of alcohol, 
9
other drug or
drugs, intoxicating compound or compounds or any 
10
combination thereof.

11
    (a) A person shall not drive or be in actual
physical 
12
control of any vehicle within this State while:


13
        (1) the alcohol concentration in the person's blood or 
14
    breath is 0.08
or more based on the definition of blood and 
15
    breath units in Section 11-501.2;


16
        (2) under the influence of alcohol;


17
        (3) under the influence of any intoxicating compound or 
18
    combination of
intoxicating compounds to a degree that 
19
    renders the person incapable of
driving safely;


20
        (4) under the influence of any other drug or 
21
    combination of drugs to a
degree that renders the person 
22
    incapable of safely driving;


23
        (5) under the combined influence of alcohol, other drug 
24
    or drugs, or
intoxicating compound or compounds to a degree 
 


 






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    that renders the person
incapable of safely driving; or


2
        (6) there is any amount of a drug, substance, or 
3
    compound in the
person's breath, blood, or urine resulting 
4
    from the unlawful use or consumption
of cannabis listed in 
5
    the Cannabis Control Act, a controlled substance listed
in 
6
    the Illinois Controlled Substances Act, or an intoxicating 
7
    compound listed
in the Use of Intoxicating Compounds Act.


8
    (b) The fact that any person charged with violating this 
9
Section is or
has been legally entitled to use alcohol, other 
10
drug or drugs, or
intoxicating compound or compounds, or any

11
combination thereof,  shall not constitute a defense against any 
12
charge of
violating this Section.


13
    (b-1) With regard to penalties imposed under this Section:

14
        (1) Any reference to a prior violation of subsection 
15
    (a) or a similar
provision includes any violation of a 
16
    provision of a local ordinance or a
provision of a law of 
17
    another state that is similar to a violation of
subsection 
18
    (a) of this Section.

19
        (2) Any penalty imposed for driving with a license that 
20
    has been revoked
for a previous violation of subsection (a) 
21
    of this Section shall be in
addition to the penalty imposed 
22
    for any subsequent violation of subsection (a).

23
    (b-2) Except as otherwise provided in this Section, any 
24
person convicted of
violating subsection (a) of this Section is 
25
guilty of a Class A misdemeanor.

26
    (b-3) In addition to any other criminal or administrative 
27
sanction for any
second conviction of violating subsection (a) 
28
or a similar provision committed
within 5 years of a previous 
29
violation of subsection (a) or a similar
provision, the 
30
defendant shall be sentenced to a mandatory minimum of 5 days 
31
of
imprisonment or assigned a mandatory minimum of 240 hours of 
32
community service
as may be determined by the court.

33
    (b-4) In the case of a third or subsequent violation 
34
committed within 5
years of a previous violation of subsection 
 


 






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(a) or a similar provision, in
addition to any other criminal 
2
or administrative sanction, a mandatory minimum
term of either 
3
10 days of imprisonment or 480 hours of community service shall

4
be imposed.

5
    (b-5) The imprisonment or assignment of community service 
6
under subsections
(b-3) and (b-4) shall not be subject to 
7
suspension, nor shall the person be
eligible for a reduced 
8
sentence.


9
    (c) (Blank).



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    (c-1) (1) A person who violates subsection (a)

during
a 
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    period in which his
or her driving privileges are revoked 
12
    or suspended, where the revocation or
suspension was for a 
13
    violation of subsection (a), Section
11-501.1, paragraph 
14
    (b)
of Section 11-401, or for reckless homicide as defined 
15
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

16
    Class 4 felony.


17
        (2) A person who violates subsection (a) a third
time, 
18
    if the third violation occurs during a period in
which his 
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    or her driving privileges are revoked or suspended where 
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    the
revocation
or suspension was for a violation of 
21
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
22
    11-401, or for reckless homicide as defined in Section 9-3

23
    of the Criminal Code of 1961, is guilty of
a Class 3 
24
    felony; and if the
person receives a term of
probation or 
25
    conditional discharge, he or she shall be required to serve 
26
    a
mandatory
minimum of 10 days of imprisonment or shall be 
27
    assigned a mandatory minimum of
480 hours of community 
28
    service, as may be determined by the court, as a
condition 
29
    of the probation or conditional discharge. This mandatory 
30
    minimum
term of imprisonment or assignment of community 
31
    service shall not be suspended
or reduced by the court.

32
        (2.2) A person who violates subsection (a), if the

33
    violation occurs during a period in which his or her 
34
    driving privileges are
revoked or suspended where the 
 


 






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    revocation or suspension was for a violation of
subsection 
2
    (a) or Section 11-501.1, shall also be sentenced to an 
3
    additional
mandatory minimum term of 30 consecutive days of 
4
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
5
    720 hours of community service, as may be
determined by the 
6
    court.  This mandatory term of imprisonment or assignment of

7
    community service shall  not be suspended or reduced by the 
8
    court.


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        (3) A person who violates subsection (a) a fourth or

10
    subsequent time, if the fourth or subsequent violation 
11
    occurs
during a period in which his
or her driving 
12
    privileges are revoked or suspended where the revocation
or 
13
    suspension was for a violation of subsection (a),
Section 
14
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
15
    homicide as defined in
Section 9-3
of
the Criminal Code of 
16
    1961, is guilty of
a Class 2 felony and is not eligible for 
17
    a sentence of probation or
conditional discharge.


18
    (c-2) (Blank).


19
    (c-3) (Blank).



20
    (c-4) (Blank).

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    (c-5)(1) A person who violates subsection (a), if the 
22
    person was transporting
a person under the age of 16 at the 
23
    time of the violation, is subject to an
additional 
24
    mandatory minimum fine of $1,000, an additional mandatory 
25
    minimum
140 hours of community service, which shall include 
26
    40 hours of community
service in a program benefiting 
27
    children, and an additional 2 days of
imprisonment. The 
28
    imprisonment or assignment of community service under this 
29
    subdivision (c-5)(1) is not subject to suspension, nor is 
30
    the person eligible for
a reduced sentence.

31
        (2) Except as provided in subdivisions (c-5)(3) and 
32
    (c-5)(4) a person who
violates
subsection (a) a second 
33
    time, if at the time of
the second violation the person was 
34
    transporting a person under the age of 16,
is subject to an 
 


 






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    additional 10 days of imprisonment, an additional 
2
    mandatory
minimum fine of $1,000, and an additional 
3
    mandatory minimum 140 hours of
community service, which 
4
    shall include 40 hours of community service in a
program 
5
    benefiting children.
The imprisonment or assignment of 
6
    community service under this subdivision (c-5)(2)

is not 
7
    subject to suspension, nor is the person eligible for a 
8
    reduced
sentence.

9
        (3) Except as provided in subdivision (c-5)(4), any 
10
    person convicted of
violating subdivision (c-5)(2) or a 
11
    similar
provision within 10 years of a previous violation 
12
    of subsection (a) or a
similar provision shall receive, in 
13
    addition to any other penalty imposed, a
mandatory minimum 
14
    12 days imprisonment, an additional 40 hours of mandatory

15
    community service in a program benefiting children, and a 
16
    mandatory minimum
fine of $1,750. The imprisonment or 
17
    assignment of community service under this subdivision 
18
    (c-5)(3) is not subject to suspension, nor is the person

19
    eligible for a reduced sentence.

20
        (4) Any person convicted of violating subdivision 
21
    (c-5)(2) or a similar
provision within 5 years of a 
22
    previous violation of subsection (a) or a similar
provision 
23
    shall receive, in addition to any other penalty imposed, an

24
    additional 80 hours of mandatory community service in a 
25
    program benefiting
children, an additional mandatory 
26
    minimum 12 days of imprisonment, and a
mandatory minimum 
27
    fine of $1,750. The imprisonment or assignment of community

28
    service under this subdivision (c-5)(4)

is not subject to 
29
    suspension, nor
is the
person eligible for a reduced 
30
    sentence.

31
        (5) Any person convicted a third time for violating 
32
    subsection (a) or a
similar provision, if at the time of 
33
    the third violation the person was
transporting a person 
34
    under the age of 16, is guilty of a Class 4 felony and 
 


 






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    shall
receive, in addition to any other
penalty imposed, an 
2
    additional mandatory fine of $1,000, an additional

3
    mandatory 140 hours of community service, which shall 
4
    include 40 hours in a
program benefiting children, and a 
5
    mandatory minimum 30 days of imprisonment.
The 
6
    imprisonment or assignment of community service under this 
7
    subdivision (c-5)(5)

is not subject to suspension, nor is 
8
    the person eligible for a reduced
sentence.

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        (6) Any person convicted of violating subdivision 
10
    (c-5)(5) or a similar
provision a third time within 20 
11
    years of a previous violation of subsection
(a) or a

12
    similar provision is guilty of a Class 4 felony and shall 
13
    receive, in addition
to any other penalty imposed, an 
14
    additional mandatory 40 hours of community
service in a 
15
    program benefiting children, an additional mandatory fine 
16
    of
$3,000, and a mandatory minimum 120 days of 
17
    imprisonment. The imprisonment or
assignment of community 
18
    service under this subdivision (c-5)(6) is not subject to

19
    suspension, nor is the person eligible for a reduced 
20
    sentence.

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        (7) Any person convicted a fourth or subsequent time 
22
    for violating
subsection (a) or a similar provision, if at 
23
    the time of the fourth or
subsequent violation the person 
24
    was transporting a person under the age of 16,
and if the 
25
    person's 3 prior violations of subsection (a) or a
similar 
26
    provision
occurred while transporting a person under the 
27
    age of 16 or while the alcohol
concentration in his or her 
28
    blood, breath, or urine was 0.16 or more based
on the 
29
    definition of blood, breath, or urine units in Section 
30
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
31
    for probation or conditional
discharge, and is subject to a 
32
    minimum fine of $3,000.

33
    (c-6)(1) Any person convicted of a first violation of 
34
    subsection (a) or a
similar provision, if the alcohol 
 


 






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    concentration in his or her blood, breath, or
urine was 
2
    0.16 or more based on the definition of blood, breath, or 
3
    urine
units in Section 11-501.2, shall be subject, in 
4
    addition to any other penalty
that may be imposed, to a 
5
    mandatory minimum of 100 hours of community service
and a 
6
    mandatory minimum fine of $500.

7
        (2) Any person convicted of a second violation of 
8
    subsection (a) or a similar provision committed within 10 
9
    years of a previous violation of subsection (a) or a 
10
    similar provision, if at the time of the second violation 
11
    of subsection (a) or a similar provision the
alcohol 
12
    concentration in his or her blood, breath, or urine was 
13
    0.16 or more
based on the definition of blood, breath, or 
14
    urine units in Section 11-501.2,
shall be
subject, in 
15
    addition to any other penalty that may be imposed, to a 
16
    mandatory
minimum of 2 days of imprisonment and a mandatory 
17
    minimum fine of $1,250.

18
        (3) Any person convicted of a third violation of 
19
    subsection (a) or a
similar provision within 20 years of a 
20
    previous violation of subsection (a) or
a
similar 
21
    provision, if at the time of the third violation of 
22
    subsection (a) or a
similar provision the alcohol 
23
    concentration in his or her blood, breath, or
urine was 
24
    0.16 or more based on the definition of blood, breath, or 
25
    urine units
in Section 11-501.2, is guilty of a Class 4 
26
    felony and shall be subject, in
addition to any other 
27
    penalty that may be imposed, to a mandatory minimum of
90 
28
    days of imprisonment and a mandatory minimum fine of 
29
    $2,500.

30
        (4) Any person convicted of a fourth or subsequent 
31
    violation of
subsection
(a) or a similar provision, if at 
32
    the time of the fourth or subsequent
violation the alcohol 
33
    concentration in his or her blood, breath, or urine was

34
    0.16 or more based on the definition of blood, breath, or 
 


 






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    urine units in
Section 11-501.2, and if the person's 3 
2
    prior violations of subsection (a) or a
similar provision 
3
    occurred while transporting a person under the age of 16 or

4
    while the alcohol concentration in his or her blood, 
5
    breath, or urine was 0.16
or more based on the definition 
6
    of blood, breath, or urine units in Section
11-501.2, is 
7
    guilty of a Class 2 felony and is not eligible for a 
8
    sentence of
probation or conditional discharge and is 
9
    subject to a minimum fine of
$2,500.


10
    (d) (1) Every person convicted of committing a violation of 
11
    this Section
shall be guilty of aggravated driving under 
12
    the influence of alcohol,
other drug or drugs, or 
13
    intoxicating compound or compounds, or any combination

14
    thereof if:


15
            (A) the person committed a violation of subsection 
16
        (a) or a similar
provision for the
third or subsequent 
17
        time;


18
            (B) the person committed a violation of subsection 
19
        (a)
while
driving a school bus with persons 18 years of 
20
        age or younger

on board;


21
            (C) the person in committing a violation of 
22
        subsection
(a) was
involved in a motor vehicle accident 
23
        that resulted in great bodily harm or
permanent 
24
        disability or disfigurement to another, when the 
25
        violation was
a proximate cause of the injuries;


26
            (D) the person committed a violation of subsection 
27
        (a)
for a
second time and has been previously convicted 
28
        of violating Section 9-3 of the
Criminal Code of 1961 
29
        or a similar provision of a law of another state 
30
        relating to reckless homicide in which the person was

31
        determined to have been under the influence of alcohol, 
32
        other drug or
drugs, or intoxicating compound or 
33
        compounds as an element of the offense or
the person 
34
        has previously been convicted
under subparagraph (C) 
 


 






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        or subparagraph (F) of this paragraph (1);


2
            (E) the person, in committing a violation of 
3
        subsection (a) while
driving at any speed in a school 
4
        speed zone at a time when a speed limit of
20 miles per 
5
        hour was in effect under subsection (a) of Section 
6
        11-605 of
this Code, was involved in a motor vehicle 
7
        accident that resulted in bodily
harm, other than great 
8
        bodily harm or permanent disability or disfigurement,

9
        to another person, when the violation of subsection (a) 
10
        was a
proximate cause
of the bodily harm; or


11
            (F) the person, in committing a violation of 
12
        subsection (a), was
involved in a motor vehicle, 
13
        snowmobile, all-terrain vehicle, or watercraft

14
        accident that resulted in
the death of another person, 
15
        when the violation of subsection
(a) was
a proximate 
16
        cause of the death.


17
        (2) Except as provided in this paragraph (2), a person 
18
    convicted of
aggravated driving under
the
influence of 
19
    alcohol, other drug or
drugs,
or intoxicating compound or 
20
    compounds, or any
combination thereof is guilty of a Class 
21
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
22
    (1) of this subsection (d), the defendant, if sentenced to 
23
    a term
of imprisonment, shall be sentenced
to not less than

24
    one year nor more than 12 years.
Aggravated driving under 
25
    the influence of alcohol, other drug or drugs,
or 
26
    intoxicating compound or compounds, or any combination 
27
    thereof as
defined in subparagraph (F) of paragraph (1) of 
28
    this subsection (d) is
a Class 2 felony, for which the 
29
    defendant, if sentenced to a term of
imprisonment, shall be 
30
    sentenced to: (A) a
term of imprisonment of not less than 3 
31
    years and not more
than 14 years if the violation resulted 
32
    in the death of one person; or
(B) a term of imprisonment 
33
    of not less than 6 years and not
more than 28 years if the 
34
    violation resulted in the deaths of 2 or more
persons.
For 
 


 






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    any prosecution under this subsection
(d), a certified copy 
2
    of the
driving abstract of the defendant shall be admitted 
3
    as proof of any prior
conviction.
Any person sentenced 
4
    under this subsection (d) who receives a term of
probation

5
    or conditional discharge must serve a minimum term of 
6
    either 480 hours of
community service or 10 days of 
7
    imprisonment as a condition of the probation or
conditional 
8
    discharge. This mandatory minimum term of imprisonment or

9
    assignment of community service may not be suspended or 
10
    reduced by the court.


11
    (e) After a finding of guilt and prior to any final 
12
sentencing, or an
order for supervision, for an offense based 
13
upon an arrest for a
violation of this Section or a similar 
14
provision of a local ordinance,
individuals shall be required 
15
to undergo a professional evaluation to
determine if an 
16
alcohol, drug, or intoxicating compound abuse problem exists

17
and the
extent of the problem, and undergo the imposition of 
18
treatment as appropriate.
Programs conducting these 
19
evaluations shall be
licensed by the Department of Human 
20
Services.  The cost of any professional
evaluation shall be paid 
21
for by the
individual
required to undergo the professional 
22
evaluation.


23
    (e-1) Any person who is found guilty of or pleads guilty to 
24
violating this
Section, including any person receiving a 
25
disposition of court supervision for
violating this Section, 
26
may be required by the Court to attend a victim
impact panel 
27
offered by, or under contract with, a County State's Attorney's

28
office, a probation and court services department, Mothers 
29
Against Drunk
Driving,
or the Alliance Against Intoxicated 
30
Motorists.
All costs generated by
the victim impact panel shall 
31
be paid from fees collected from the
offender or as may be 
32
determined by the court.


33
    (f) Every person found guilty of violating this Section, 
34
whose
operation of a motor vehicle while in violation of this 
 


 






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1
Section proximately
caused any incident resulting in an 
2
appropriate emergency response, shall
be liable for the expense 
3
of an emergency response as provided under
Section 5-5-3 of the 
4
Unified Code of Corrections.


5
    (g) The Secretary of State shall revoke the driving 
6
privileges of any
person convicted under this Section or a 
7
similar provision of a local
ordinance.


8
    (h) (Blank).



9
    (i) The Secretary of State shall require the use of 
10
ignition interlock
devices on all vehicles owned by an 
11
individual who has been convicted of a
second
or subsequent 
12
offense of this Section or a similar provision of a local

13
ordinance.  The Secretary shall establish by rule and regulation 
14
the procedures
for certification and use of the interlock 
15
system.


16
    (j) In addition to any other penalties and liabilities, a 
17
person who is
found guilty of or pleads guilty to violating 
18
subsection (a), including any
person placed on court 
19
supervision for violating subsection (a), shall be fined
$500, 
20
payable to the
circuit clerk, who shall distribute the money as 
21
follows: 20% to the law enforcement agency
that made the arrest 
22
and 80% shall be forwarded to the State Treasurer for deposit 
23
into the General Revenue Fund.  If the person has been 
24
previously convicted of violating
subsection (a) or a similar 
25
provision of a local
ordinance, the fine shall be
$1,000.  In 
26
the event that more than one agency is responsible
for the 
27
arrest, the amount payable to law enforcement agencies  shall be 
28
shared equally.  Any moneys received
by a law
enforcement agency 
29
under this subsection (j) shall be used for enforcement and 
30
prevention of driving while under the influence of alcohol, 
31
other drug or drugs, intoxicating compound or compounds or any 
32
combination thereof, as defined by this Section, including but 
33
not limited to the
to purchase of law
enforcement equipment and 
34
commodities that will assist in the prevention of alcohol 
 


 






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related
criminal violence throughout the State; police officer 
2
training and education in areas related to alcohol related 
3
crime, including but not limited to DUI training; and police 
4
officer salaries, including but not limited to salaries for 
5
hire back funding for safety checkpoints, saturation patrols, 
6
and liquor store sting operations.  Equipment and commodities .  
7
This shall include, but are
is not limited
to, in-car video 
8
cameras, radar and laser speed detection devices, and alcohol

9
breath testers.
Any moneys received by the Department of State 
10
Police under this subsection
(j) shall be deposited into the 
11
State Police DUI Fund and shall be used for enforcement and 
12
prevention of driving while under the influence of alcohol, 
13
other drug or drugs, intoxicating compound or compounds or any 
14
combination thereof, as defined by this Section, including but 
15
not limited to the
to
purchase of law enforcement equipment and 
16
commodities that will assist in the prevention of
alcohol 
17
related criminal violence throughout the State; police officer 
18
training and education in areas related to alcohol related 
19
crime, including but not limited to DUI training; and police 
20
officer salaries, including but not limited to salaries for 
21
hire back funding for safety checkpoints, saturation patrols, 
22
and liquor store sting operations.


23
    (k) The Secretary of State Police DUI Fund is created as a 
24
special
fund in the State treasury. All moneys received by the 
25
Secretary of State
Police under subsection (j) of this Section 
26
shall be deposited into the
Secretary of State Police DUI Fund 
27
and, subject to appropriation, shall be
used for enforcement 
28
and prevention of driving while under the influence of alcohol, 
29
other drug or drugs, intoxicating compound or compounds or any 
30
combination thereof, as defined by this Section, including but 
31
not limited to the
to purchase of law enforcement equipment and 
32
commodities to assist in the prevention of
alcohol related 
33
criminal violence throughout the State; police officer 
34
training and education in areas related to alcohol related 
 


 






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1
crime, including but not limited to DUI training; and police 
2
officer salaries, including but not limited to salaries for 
3
hire back funding for safety checkpoints, saturation patrols, 
4
and liquor store sting operations.


5
    (l) Whenever an individual is sentenced for an offense 
6
based upon an
arrest for a violation of subsection (a) or a 
7
similar provision of a local
ordinance, and the professional 
8
evaluation recommends remedial or
rehabilitative treatment or 
9
education, neither the treatment nor the education
shall be the 
10
sole disposition and either or both may be imposed only in

11
conjunction with another disposition. The court shall monitor 
12
compliance with
any remedial education or treatment 
13
recommendations contained in the
professional evaluation. 
14
Programs conducting alcohol or other drug evaluation
or 
15
remedial education must be licensed by the Department of Human 
16
Services. If
the individual is not a resident of Illinois, 
17
however, the court may accept an
alcohol or other drug 
18
evaluation or remedial education program in the
individual's 
19
state of residence.  Programs providing treatment must be 
20
licensed
under existing applicable alcoholism and drug 
21
treatment licensure standards.

22
    (m) In addition to any other fine or penalty required by 
23
law, an individual
convicted of a violation of subsection (a), 
24
Section 5-7 of the Snowmobile
Registration and Safety Act, 
25
Section 5-16 of the Boat Registration and Safety
Act, or a 
26
similar provision, whose operation of a motor vehicle, 
27
snowmobile, or
watercraft while in
violation of subsection (a), 
28
Section 5-7 of the Snowmobile Registration and
Safety Act, 
29
Section 5-16 of the Boat Registration and Safety Act, or a 
30
similar
provision proximately caused an incident resulting in 
31
an appropriate emergency
response, shall be required to make 
32
restitution to a public agency for the
costs of that emergency 
33
response. The restitution may not exceed $1,000 per
public 
34
agency for each emergency response. As used in this subsection 
 


 






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(m),
"emergency response" means any incident requiring a 
2
response by a police
officer, a firefighter carried on the 
3
rolls of a regularly constituted fire
department, or an 
4
ambulance.


5
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
6
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
7
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
8
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
9
eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)

 
10
    (Text of Section from P.A. 94-110)
11
    Sec. 11-501. Driving while under the influence of alcohol, 
12
other drug or
drugs, intoxicating compound or compounds or any 
13
combination thereof.

14
    (a) A person shall not drive or be in actual
physical 
15
control of any vehicle within this State while:


16
        (1) the alcohol concentration in the person's blood or 
17
    breath is 0.08
or more based on the definition of blood and 
18
    breath units in Section 11-501.2;


19
        (2) under the influence of alcohol;


20
        (3) under the influence of any intoxicating compound or 
21
    combination of
intoxicating compounds to a degree that 
22
    renders the person incapable of
driving safely;


23
        (4) under the influence of any other drug or 
24
    combination of drugs to a
degree that renders the person 
25
    incapable of safely driving;


26
        (5) under the combined influence of alcohol, other drug 
27
    or drugs, or
intoxicating compound or compounds to a degree 
28
    that renders the person
incapable of safely driving; or


29
        (6) there is any amount of a drug, substance, or 
30
    compound in the
person's breath, blood, or urine resulting 
31
    from the unlawful use or consumption
of cannabis listed in 
32
    the Cannabis Control Act, a controlled substance listed
in 
33
    the Illinois Controlled Substances Act, or an intoxicating 
 


 






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1
    compound listed
in the Use of Intoxicating Compounds Act.


2
    (b) The fact that any person charged with violating this 
3
Section is or
has been legally entitled to use alcohol, other 
4
drug or drugs, or
intoxicating compound or compounds, or any

5
combination thereof,  shall not constitute a defense against any 
6
charge of
violating this Section.


7
    (b-1) With regard to penalties imposed under this Section:

8
        (1) Any reference to a prior violation of subsection 
9
    (a) or a similar
provision includes any violation of a 
10
    provision of a local ordinance or a
provision of a law of 
11
    another state that is similar to a violation of
subsection 
12
    (a) of this Section.

13
        (2) Any penalty imposed for driving with a license that 
14
    has been revoked
for a previous violation of subsection (a) 
15
    of this Section shall be in
addition to the penalty imposed 
16
    for any subsequent violation of subsection (a).

17
    (b-2) Except as otherwise provided in this Section, any 
18
person convicted of
violating subsection (a) of this Section is 
19
guilty of a Class A misdemeanor.

20
    (b-3) In addition to any other criminal or administrative 
21
sanction for any
second conviction of violating subsection (a) 
22
or a similar provision committed
within 5 years of a previous 
23
violation of subsection (a) or a similar
provision, the 
24
defendant shall be sentenced to a mandatory minimum of 5 days 
25
of
imprisonment or assigned a mandatory minimum of 240 hours of 
26
community service
as may be determined by the court.

27
    (b-4) In the case of a third or subsequent violation 
28
committed within 5
years of a previous violation of subsection 
29
(a) or a similar provision, in
addition to any other criminal 
30
or administrative sanction, a mandatory minimum
term of either 
31
10 days of imprisonment or 480 hours of community service shall

32
be imposed.

33
    (b-5) The imprisonment or assignment of community service 
34
under subsections
(b-3) and (b-4) shall not be subject to 
 


 






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suspension, nor shall the person be
eligible for a reduced 
2
sentence.


3
    (c) (Blank).



4
    (c-1) (1) A person who violates subsection (a)

during
a 
5
    period in which his
or her driving privileges are revoked 
6
    or suspended, where the revocation or
suspension was for a 
7
    violation of subsection (a), Section
11-501.1, paragraph 
8
    (b)
of Section 11-401, or for reckless homicide as defined 
9
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

10
    Class 4 felony.


11
        (2) A person who violates subsection (a) a third
time, 
12
    if the third violation occurs during a period in
which his 
13
    or her driving privileges are revoked or suspended where 
14
    the
revocation
or suspension was for a violation of 
15
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
16
    11-401, or for reckless homicide as defined in Section 9-3

17
    of the Criminal Code of 1961, is guilty of
a Class 3 
18
    felony; and if the
person receives a term of
probation or 
19
    conditional discharge, he or she shall be required to serve 
20
    a
mandatory
minimum of 10 days of imprisonment or shall be 
21
    assigned a mandatory minimum of
480 hours of community 
22
    service, as may be determined by the court, as a
condition 
23
    of the probation or conditional discharge. This mandatory 
24
    minimum
term of imprisonment or assignment of community 
25
    service shall not be suspended
or reduced by the court.

26
        (2.2) A person who violates subsection (a), if the

27
    violation occurs during a period in which his or her 
28
    driving privileges are
revoked or suspended where the 
29
    revocation or suspension was for a violation of
subsection 
30
    (a) or Section 11-501.1, shall also be sentenced to an 
31
    additional
mandatory minimum term of 30 consecutive days of 
32
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
33
    720 hours of community service, as may be
determined by the 
34
    court.  This mandatory term of imprisonment or assignment of

 


 






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    community service shall  not be suspended or reduced by the 
2
    court.


3
        (3) A person who violates subsection (a) a fourth or

4
    subsequent time, if the fourth or subsequent violation 
5
    occurs
during a period in which his
or her driving 
6
    privileges are revoked or suspended where the revocation
or 
7
    suspension was for a violation of subsection (a),
Section 
8
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
9
    homicide as defined in
Section 9-3
of
the Criminal Code of 
10
    1961, is guilty of
a Class 2 felony and is not eligible for 
11
    a sentence of probation or
conditional discharge.


12
    (c-2) (Blank).


13
    (c-3) (Blank).



14
    (c-4) (Blank).

15
    (c-5) Except as provided in subsection (c-5.1), a person 21 
16
years of age or older who violates subsection (a), if the 
17
person was transporting
a person under the age of 16 at the 
18
time of the violation, is subject to 6 months of imprisonment, 
19
an
additional mandatory minimum fine of $1,000, and 25 days of 
20
community service in a program benefiting children. The 
21
imprisonment or assignment of community service under this

22
subsection (c-5) is not subject to suspension, nor is the 
23
person eligible for
a reduced sentence.

24
    (c-5.1) A person 21 years of age or older who is convicted 
25
of violating subsection (a) of this Section
a
first time and 
26
who in committing that violation was involved in a motor 
27
vehicle
accident that resulted in bodily harm to the child 
28
under the age of 16 being
transported by the person, if the 
29
violation was the proximate cause of the
injury, is guilty of a 
30
Class 4 felony and is subject to one year of
imprisonment,
a 
31
mandatory fine of $2,500, and 25 days of community service in a 
32
program
benefiting children. The imprisonment or assignment to 
33
community service under
this subsection (c-5.1) shall not be 
34
subject to suspension, nor shall the person be
eligible for 
 


 






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1
probation in order to reduce the sentence or assignment.

2
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
3
a person 21 years of age or older who
violates
subsection (a) a 
4
second time, if at the time of
the second violation the person 
5
was transporting a person under the age of 16,
is subject to 6 
6
months of imprisonment, an additional mandatory
minimum fine of 
7
$1,000, and an additional mandatory minimum 140 hours of

8
community service, which shall include 40 hours of community 
9
service in a
program benefiting children.
The imprisonment or 
10
assignment of community service under this subsection (c-6)
is 
11
not subject to suspension, nor is the person eligible for a 
12
reduced
sentence.

13
    (c-7) Except as provided in subsection (c-7.1), any person 
14
21 years of age or older convicted of
violating subsection 
15
(c-6) or a similar
provision within 10 years of a previous 
16
violation of subsection (a) or a
similar provision is guilty of 
17
a Class 4 felony and, in addition to any other penalty imposed, 
18
is subject to one year of

imprisonment, 25 days of mandatory

19
community service in a program benefiting children, and a 
20
mandatory
fine of $2,500. The imprisonment or assignment of 
21
community service under this
subsection (c-7) is not subject to 
22
suspension, nor is the person
eligible for a reduced sentence.

23
    (c-7.1) A person 21 years of age or older who is convicted 
24
of violating subsection (a) of this Section
a
second time 
25
within 10 years and who in committing that violation was 
26
involved
in a motor vehicle accident that resulted in bodily 
27
harm to the child under the
age of 16 being transported, if the 
28
violation was the proximate cause of the
injury, is guilty of a 
29
Class 4 felony and is subject to 18 months of
imprisonment, a

30
mandatory fine of $5,000, and 25 days of community service in a 
31
program
benefiting
children. The imprisonment or assignment to 
32
community service under this
subsection
(c-7.1) shall not be 
33
subject to suspension, nor shall the person be eligible for

34
probation in order
to reduce the sentence or assignment.

 


 






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1
    (c-8) (Blank).

2
    (c-9)  Any person 21 years of age or older convicted a third 
3
time for violating subsection (a) or a
similar provision, if at 
4
the time of the third violation the person was
transporting a 
5
person under the age of 16, is guilty of a Class 4 felony and is 
6
subject to 18 months of imprisonment, a mandatory fine of 
7
$2,500, and 25 days  of community service in a
program 
8
benefiting children.
The imprisonment or assignment of 
9
community service under this subsection (c-9)
is not subject to 
10
suspension, nor is the person eligible for a reduced
sentence.

11
    (c-10) Any person 21 years of age or older convicted of 
12
violating subsection (c-9) or a similar
provision a third time 
13
within 20 years of a previous violation of subsection
(a) or a

14
similar provision is guilty of a Class 3 felony and, in 
15
addition
to any other penalty imposed, is subject to 3 years of 
16
imprisonment, 25 days of community
service in a program 
17
benefiting children, and a mandatory fine of
$25,000. The 
18
imprisonment or
assignment of community service under this 
19
subsection (c-10) is not subject to
suspension, nor is the 
20
person eligible for a reduced sentence.

21
    (c-11) Any person 21 years of age or older convicted a 
22
fourth or subsequent time for violating
subsection (a) or a 
23
similar provision, if at the time of the fourth or
subsequent 
24
violation the person was transporting a person under the age of 
25
16,
and if the person's 3 prior violations of subsection (a) or 
26
a similar provision
occurred while transporting a person under 
27
the age of 16 or while the alcohol
concentration in his or her 
28
blood, breath, or urine was 0.16 or more based
on the 
29
definition of blood, breath, or urine units in Section 
30
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
31
probation or conditional
discharge, and is subject to a minimum 
32
fine of $25,000.

33
    (c-12) Any person convicted of a first violation of 
34
subsection (a) or a
similar provision, if the alcohol 
 


 






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1
concentration in his or her blood, breath, or
urine was 0.16 or 
2
more based on the definition of blood, breath, or urine
units 
3
in Section 11-501.2, shall be subject, in addition to any other 
4
penalty
that may be imposed, to a mandatory minimum of 100 
5
hours of community service
and a mandatory minimum fine of 
6
$500.

7
    (c-13) Any person convicted of a second violation of 
8
subsection (a) or a similar provision committed within 10 years 
9
of a previous violation of subsection (a) or a similar 
10
provision, if at the time of the second violation of subsection 
11
(a) or a similar provision the
alcohol concentration in his or 
12
her blood, breath, or urine was 0.16 or more
based on the 
13
definition of blood, breath, or urine units in Section 
14
11-501.2,
shall be
subject, in addition to any other penalty 
15
that may be imposed, to a mandatory
minimum of 2 days of 
16
imprisonment and a mandatory minimum fine of $1,250.

17
    (c-14) Any person convicted of a third violation of 
18
subsection (a) or a
similar provision within 20 years of a 
19
previous violation of subsection (a) or
a
similar provision, if 
20
at the time of the third violation of subsection (a) or a

21
similar provision the alcohol concentration in his or her 
22
blood, breath, or
urine was 0.16 or more based on the 
23
definition of blood, breath, or urine units
in Section 
24
11-501.2, is guilty of a Class 4 felony and shall be subject, 
25
in
addition to any other penalty that may be imposed, to a 
26
mandatory minimum of
90 days of imprisonment and a mandatory 
27
minimum fine of $2,500.

28
    (c-15) Any person convicted of a fourth or subsequent 
29
violation of
subsection
(a) or a similar provision, if at the 
30
time of the fourth or subsequent
violation the alcohol 
31
concentration in his or her blood, breath, or urine was
0.16 or 
32
more based on the definition of blood, breath, or urine units 
33
in
Section 11-501.2, and if the person's 3 prior violations of 
34
subsection (a) or a
similar provision occurred while 
 


 






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1
transporting a person under the age of 16 or
while the alcohol 
2
concentration in his or her blood, breath, or urine was 0.16
or 
3
more based on the definition of blood, breath, or urine units 
4
in Section
11-501.2, is guilty of a Class 2 felony and is not 
5
eligible for a sentence of
probation or conditional discharge 
6
and is subject to a minimum fine of
$2,500.


7
    (d) (1) Every person convicted of committing a violation of 
8
    this Section
shall be guilty of aggravated driving under 
9
    the influence of alcohol,
other drug or drugs, or 
10
    intoxicating compound or compounds, or any combination

11
    thereof if:


12
            (A) the person committed a violation of subsection 
13
        (a) or a similar
provision for the
third or subsequent 
14
        time;


15
            (B) the person committed a violation of subsection 
16
        (a)
while
driving a school bus with persons 18 years of 
17
        age or younger

on board;


18
            (C) the person in committing a violation of 
19
        subsection
(a) was
involved in a motor vehicle accident 
20
        that resulted in great bodily harm or
permanent 
21
        disability or disfigurement to another, when the 
22
        violation was
a proximate cause of the injuries;


23
            (D) the person committed a violation of subsection 
24
        (a)
for a
second time and has been previously convicted 
25
        of violating Section 9-3 of the
Criminal Code of 1961 
26
        or a similar provision of a law of another state 
27
        relating to reckless homicide in which the person was

28
        determined to have been under the influence of alcohol, 
29
        other drug or
drugs, or intoxicating compound or 
30
        compounds as an element of the offense or
the person 
31
        has previously been convicted
under subparagraph (C) 
32
        or subparagraph (F) of this paragraph (1);


33
            (E) the person, in committing a violation of 
34
        subsection (a) while
driving at any speed in a school 
 


 






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1
        speed zone at a time when a speed limit of
20 miles per 
2
        hour was in effect under subsection (a) of Section 
3
        11-605 of
this Code, was involved in a motor vehicle 
4
        accident that resulted in bodily
harm, other than great 
5
        bodily harm or permanent disability or disfigurement,

6
        to another person, when the violation of subsection (a) 
7
        was a
proximate cause
of the bodily harm; or


8
            (F) the person, in committing a violation of 
9
        subsection (a), was
involved in a motor vehicle, 
10
        snowmobile, all-terrain vehicle, or watercraft

11
        accident that resulted in
the death of another person, 
12
        when the violation of subsection
(a) was
a proximate 
13
        cause of the death.


14
        (2) Except as provided in this paragraph (2), a person 
15
    convicted of
aggravated driving under
the
influence of 
16
    alcohol, other drug or
drugs,
or intoxicating compound or 
17
    compounds, or any
combination thereof is guilty of a Class 
18
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
19
    (1) of this subsection (d), the defendant, if sentenced to 
20
    a term
of imprisonment, shall be sentenced
to not less than

21
    one year nor more than 12 years.
Aggravated driving under 
22
    the influence of alcohol, other drug or drugs,
or 
23
    intoxicating compound or compounds, or any combination 
24
    thereof as
defined in subparagraph (F) of paragraph (1) of 
25
    this subsection (d) is
a Class 2 felony, for which the 
26
    defendant, if sentenced to a term of
imprisonment, shall be 
27
    sentenced to: (A) a
term of imprisonment of not less than 3 
28
    years and not more
than 14 years if the violation resulted 
29
    in the death of one person; or
(B) a term of imprisonment 
30
    of not less than 6 years and not
more than 28 years if the 
31
    violation resulted in the deaths of 2 or more
persons.
For 
32
    any prosecution under this subsection
(d), a certified copy 
33
    of the
driving abstract of the defendant shall be admitted 
34
    as proof of any prior
conviction.
Any person sentenced 
 


 






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1
    under this subsection (d) who receives a term of
probation

2
    or conditional discharge must serve a minimum term of 
3
    either 480 hours of
community service or 10 days of 
4
    imprisonment as a condition of the probation or
conditional 
5
    discharge. This mandatory minimum term of imprisonment or

6
    assignment of community service may not be suspended or 
7
    reduced by the court.


8
    (e) After a finding of guilt and prior to any final 
9
sentencing, or an
order for supervision, for an offense based 
10
upon an arrest for a
violation of this Section or a similar 
11
provision of a local ordinance,
individuals shall be required 
12
to undergo a professional evaluation to
determine if an 
13
alcohol, drug, or intoxicating compound abuse problem exists

14
and the
extent of the problem, and undergo the imposition of 
15
treatment as appropriate.
Programs conducting these 
16
evaluations shall be
licensed by the Department of Human 
17
Services.  The cost of any professional
evaluation shall be paid 
18
for by the
individual
required to undergo the professional 
19
evaluation.


20
    (e-1) Any person who is found guilty of or pleads guilty to 
21
violating this
Section, including any person receiving a 
22
disposition of court supervision for
violating this Section, 
23
may be required by the Court to attend a victim
impact panel 
24
offered by, or under contract with, a County State's Attorney's

25
office, a probation and court services department, Mothers 
26
Against Drunk
Driving,
or the Alliance Against Intoxicated 
27
Motorists.
All costs generated by
the victim impact panel shall 
28
be paid from fees collected from the
offender or as may be 
29
determined by the court.


30
    (f) Every person found guilty of violating this Section, 
31
whose
operation of a motor vehicle while in violation of this 
32
Section proximately
caused any incident resulting in an 
33
appropriate emergency response, shall
be liable for the expense 
34
of an emergency response as provided under
Section 5-5-3 of the 
 


 






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1
Unified Code of Corrections.


2
    (g) The Secretary of State shall revoke the driving 
3
privileges of any
person convicted under this Section or a 
4
similar provision of a local
ordinance.


5
    (h) (Blank).



6
    (i) The Secretary of State shall require the use of 
7
ignition interlock
devices on all vehicles owned by an 
8
individual who has been convicted of a
second
or subsequent 
9
offense of this Section or a similar provision of a local

10
ordinance.  The Secretary shall establish by rule and regulation 
11
the procedures
for certification and use of the interlock 
12
system.


13
    (j) In addition to any other penalties and liabilities, a 
14
person who is
found guilty of or pleads guilty to violating 
15
subsection (a), including any
person placed on court 
16
supervision for violating subsection (a), shall be fined
$500, 
17
payable to the
circuit clerk, who shall distribute the money as 
18
follows: 20% to the law enforcement agency
that made the arrest 
19
and 80% shall be forwarded to the State Treasurer for deposit 
20
into the General Revenue Fund.  If the person has been 
21
previously convicted of violating
subsection (a) or a similar 
22
provision of a local
ordinance, the fine shall be
$1,000.  In 
23
the event that more than one agency is responsible
for the 
24
arrest, the amount payable to law enforcement agencies  shall be 
25
shared equally.  Any moneys received
by a law
enforcement agency 
26
under this subsection (j) shall be used for enforcement and 
27
prevention of driving while under the influence of alcohol, 
28
other drug or drugs, intoxicating compound or compounds or any 
29
combination thereof, as defined by this Section, including but 
30
not limited to the
to purchase of law
enforcement equipment and 
31
commodities that will assist in the prevention of alcohol 
32
related
criminal violence throughout the State; police officer 
33
training and education in areas related to alcohol related 
34
crime, including but not limited to DUI training; and police 
 


 






09400SB1088sam001
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1
officer salaries, including but not limited to salaries for 
2
hire back funding for safety checkpoints, saturation patrols, 
3
and liquor store sting operations. Equipment and commodities  .  
4
This shall include, but are
is not limited
to, in-car video 
5
cameras, radar and laser speed detection devices, and alcohol

6
breath testers.
Any moneys received by the Department of State 
7
Police under this subsection
(j) shall be deposited into the 
8
State Police DUI Fund and shall be used for enforcement and 
9
prevention of driving while under the influence of alcohol, 
10
other drug or drugs, intoxicating compound or compounds or any 
11
combination thereof, as defined by this Section, including but 
12
not limited to the
to
purchase of law enforcement equipment and 
13
commodities that will assist in the prevention of
alcohol 
14
related criminal violence throughout the State; police officer 
15
training and education in areas related to alcohol related 
16
crime, including but not limited to DUI training; and police 
17
officer salaries, including but not limited to salaries for 
18
hire back funding for safety checkpoints, saturation patrols, 
19
and liquor store sting operations.


20
    (k) The Secretary of State Police DUI Fund is created as a 
21
special
fund in the State treasury. All moneys received by the 
22
Secretary of State
Police under subsection (j) of this Section 
23
shall be deposited into the
Secretary of State Police DUI Fund 
24
and, subject to appropriation, shall be
used for enforcement 
25
and prevention of driving while under the influence of alcohol, 
26
other drug or drugs, intoxicating compound or compounds or any 
27
combination thereof, as defined by this Section, including but 
28
not limited to the
to purchase of law enforcement equipment and 
29
commodities to assist in the prevention of
alcohol related 
30
criminal violence throughout the State; police officer 
31
training and education in areas related to alcohol related 
32
crime, including but not limited to DUI training; and police 
33
officer salaries, including but not limited to salaries for 
34
hire back funding for safety checkpoints, saturation patrols, 
 


 






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and liquor store sting operations.


2
    (l) Whenever an individual is sentenced for an offense 
3
based upon an
arrest for a violation of subsection (a) or a 
4
similar provision of a local
ordinance, and the professional 
5
evaluation recommends remedial or
rehabilitative treatment or 
6
education, neither the treatment nor the education
shall be the 
7
sole disposition and either or both may be imposed only in

8
conjunction with another disposition. The court shall monitor 
9
compliance with
any remedial education or treatment 
10
recommendations contained in the
professional evaluation. 
11
Programs conducting alcohol or other drug evaluation
or 
12
remedial education must be licensed by the Department of Human 
13
Services. If
the individual is not a resident of Illinois, 
14
however, the court may accept an
alcohol or other drug 
15
evaluation or remedial education program in the
individual's 
16
state of residence.  Programs providing treatment must be 
17
licensed
under existing applicable alcoholism and drug 
18
treatment licensure standards.

19
    (m) In addition to any other fine or penalty required by 
20
law, an individual
convicted of a violation of subsection (a), 
21
Section 5-7 of the Snowmobile
Registration and Safety Act, 
22
Section 5-16 of the Boat Registration and Safety
Act, or a 
23
similar provision, whose operation of a motor vehicle, 
24
snowmobile, or
watercraft while in
violation of subsection (a), 
25
Section 5-7 of the Snowmobile Registration and
Safety Act, 
26
Section 5-16 of the Boat Registration and Safety Act, or a 
27
similar
provision proximately caused an incident resulting in 
28
an appropriate emergency
response, shall be required to make 
29
restitution to a public agency for the
costs of that emergency 
30
response. The restitution may not exceed $1,000 per
public 
31
agency for each emergency response. As used in this subsection 
32
(m),
"emergency response" means any incident requiring a 
33
response by a police
officer, a firefighter carried on the 
34
rolls of a regularly constituted fire
department, or an 
 


 






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ambulance.


2
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
3
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
4
93-840, eff. 7-30-04; 94-110, eff. 1-1-06.)

 
5
    (Text of Section from P.A. 94-113 and 94-609)
6
    Sec. 11-501. Driving while under the influence of alcohol, 
7
other drug or
drugs, intoxicating compound or compounds or any 
8
combination thereof.

9
    (a) A person shall not drive or be in actual
physical 
10
control of any vehicle within this State while:


11
        (1) the alcohol concentration in the person's blood or 
12
    breath is 0.08
or more based on the definition of blood and 
13
    breath units in Section 11-501.2;


14
        (2) under the influence of alcohol;


15
        (3) under the influence of any intoxicating compound or 
16
    combination of
intoxicating compounds to a degree that 
17
    renders the person incapable of
driving safely;


18
        (4) under the influence of any other drug or 
19
    combination of drugs to a
degree that renders the person 
20
    incapable of safely driving;


21
        (5) under the combined influence of alcohol, other drug 
22
    or drugs, or
intoxicating compound or compounds to a degree 
23
    that renders the person
incapable of safely driving; or


24
        (6) there is any amount of a drug, substance, or 
25
    compound in the
person's breath, blood, or urine resulting 
26
    from the unlawful use or consumption
of cannabis listed in 
27
    the Cannabis Control Act, a controlled substance listed
in 
28
    the Illinois Controlled Substances Act, or an intoxicating 
29
    compound listed
in the Use of Intoxicating Compounds Act.


30
    (b) The fact that any person charged with violating this 
31
Section is or
has been legally entitled to use alcohol, other 
32
drug or drugs, or
intoxicating compound or compounds, or any

33
combination thereof,  shall not constitute a defense against any 
 


 






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1
charge of
violating this Section.


2
    (b-1) With regard to penalties imposed under this Section:

3
        (1) Any reference to a prior violation of subsection 
4
    (a) or a similar
provision includes any violation of a 
5
    provision of a local ordinance or a
provision of a law of 
6
    another state that is similar to a violation of
subsection 
7
    (a) of this Section.

8
        (2) Any penalty imposed for driving with a license that 
9
    has been revoked
for a previous violation of subsection (a) 
10
    of this Section shall be in
addition to the penalty imposed 
11
    for any subsequent violation of subsection (a).

12
    (b-2) Except as otherwise provided in this Section, any 
13
person convicted of
violating subsection (a) of this Section is 
14
guilty of a Class A misdemeanor.

15
    (b-3) In addition to any other criminal or administrative 
16
sanction for any
second conviction of violating subsection (a) 
17
or a similar provision committed
within 5 years of a previous 
18
violation of subsection (a) or a similar
provision, the 
19
defendant shall be sentenced to a mandatory minimum of 5 days 
20
of
imprisonment or assigned a mandatory minimum of 240 hours of 
21
community service
as may be determined by the court.

22
    (b-4) In the case of a third or subsequent violation 
23
committed within 5
years of a previous violation of subsection 
24
(a) or a similar provision, in
addition to any other criminal 
25
or administrative sanction, a mandatory minimum
term of either 
26
10 days of imprisonment or 480 hours of community service shall

27
be imposed.

28
    (b-5) The imprisonment or assignment of community service 
29
under subsections
(b-3) and (b-4) shall not be subject to 
30
suspension, nor shall the person be
eligible for a reduced 
31
sentence.


32
    (c) (Blank).



33
    (c-1) (1) A person who violates subsection (a)

during
a 
34
    period in which his
or her driving privileges are revoked 
 


 






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1
    or suspended, where the revocation or
suspension was for a 
2
    violation of subsection (a), Section
11-501.1, paragraph 
3
    (b)
of Section 11-401, or for reckless homicide as defined 
4
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

5
    Class 4 felony.


6
        (2) A person who violates subsection (a) a third
time, 
7
    if the third violation occurs during a period in
which his 
8
    or her driving privileges are revoked or suspended where 
9
    the
revocation
or suspension was for a violation of 
10
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
11
    11-401, or for reckless homicide as defined in Section 9-3

12
    of the Criminal Code of 1961, is guilty of
a Class 3 
13
    felony.
14
        (2.1) A person who violates subsection (a) a third 
15
    time, if the third
violation occurs during a period in 
16
    which his or her driving privileges are
revoked or 
17
    suspended where the revocation or suspension was for a 
18
    violation of
subsection (a), Section 11-501.1, subsection 
19
    (b) of Section 11-401, or for
reckless homicide as defined 
20
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
21
    Class 3 felony; and if the
person receives a term of

22
    probation or conditional discharge, he or she shall be 
23
    required to serve a
mandatory
minimum of 10 days of 
24
    imprisonment or shall be assigned a mandatory minimum of

25
    480 hours of community service, as may be determined by the 
26
    court, as a
condition of the probation or conditional 
27
    discharge. This mandatory minimum
term of imprisonment or 
28
    assignment of community service shall not be suspended
or 
29
    reduced by the court.

30
        (2.2) A person who violates subsection (a), if the

31
    violation occurs during a period in which his or her 
32
    driving privileges are
revoked or suspended where the 
33
    revocation or suspension was for a violation of
subsection 
34
    (a) or Section 11-501.1, shall also be sentenced to an 
 


 






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1
    additional
mandatory minimum term of 30 consecutive days of 
2
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
3
    720 hours of community service, as may be
determined by the 
4
    court.  This mandatory term of imprisonment or assignment of

5
    community service shall  not be suspended or reduced by the 
6
    court.


7
        (3) A person who violates subsection (a) a fourth or

8
    subsequent time, if the fourth or subsequent violation 
9
    occurs
during a period in which his
or her driving 
10
    privileges are revoked or suspended where the revocation
or 
11
    suspension was for a violation of subsection (a),
Section 
12
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
13
    homicide as defined in
Section 9-3
of
the Criminal Code of 
14
    1961, is guilty of
a Class 2 felony and is not eligible for 
15
    a sentence of probation or
conditional discharge.


16
    (c-2) (Blank).


17
    (c-3) (Blank).



18
    (c-4) (Blank).

19
    (c-5) A person who violates subsection (a), if the person 
20
was transporting
a person under the age of 16 at the time of 
21
the violation, is subject to an
additional mandatory minimum 
22
fine of $1,000, an additional mandatory minimum
140 hours of 
23
community service, which shall include 40 hours of community

24
service in a program benefiting children, and an additional 2 
25
days of
imprisonment. The imprisonment or assignment of 
26
community service under this
subsection (c-5) is not subject to 
27
suspension, nor is the person eligible for
a reduced sentence.

28
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
29
person who
violates
subsection (a) a second time, if at the 
30
time of
the second violation the person was transporting a 
31
person under the age of 16,
is subject to an additional 10 days 
32
of imprisonment, an additional mandatory
minimum fine of 
33
$1,000, and an additional mandatory minimum 140 hours of

34
community service, which shall include 40 hours of community 
 


 






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1
service in a
program benefiting children.
The imprisonment or 
2
assignment of community service under this subsection (c-6)
is 
3
not subject to suspension, nor is the person eligible for a 
4
reduced
sentence.

5
    (c-7) Except as provided in subsection (c-8), any person 
6
convicted of
violating subsection (c-6) or a similar
provision 
7
within 10 years of a previous violation of subsection (a) or a

8
similar provision shall receive, in addition to any other 
9
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
10
additional 40 hours of mandatory
community service in a program 
11
benefiting children, and a mandatory minimum
fine of $1,750. 
12
The imprisonment or assignment of community service under this

13
subsection (c-7) is not subject to suspension, nor is the 
14
person
eligible for a reduced sentence.

15
    (c-8) Any person convicted of violating subsection (c-6) or 
16
a similar
provision within 5 years of a previous violation of 
17
subsection (a) or a similar
provision shall receive, in 
18
addition to any other penalty imposed, an
additional 80 hours 
19
of mandatory community service in a program benefiting

20
children, an additional mandatory minimum 12 days of 
21
imprisonment, and a
mandatory minimum fine of $1,750. The 
22
imprisonment or assignment of community
service under this 
23
subsection (c-8) is not subject to suspension, nor
is the

24
person eligible for a reduced sentence.

25
    (c-9) Any person convicted a third time for violating 
26
subsection (a) or a
similar provision, if at the time of the 
27
third violation the person was
transporting a person under the 
28
age of 16, is guilty of a Class 4 felony and shall
receive, in 
29
addition to any other
penalty imposed, an additional mandatory 
30
fine of $1,000, an additional
mandatory 140 hours of community 
31
service, which shall include 40 hours in a
program benefiting 
32
children, and a mandatory minimum 30 days of imprisonment.
The 
33
imprisonment or assignment of community service under this 
34
subsection (c-9)
is not subject to suspension, nor is the 
 


 






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1
person eligible for a reduced
sentence.

2
    (c-10) Any person convicted of violating subsection (c-9) 
3
or a similar
provision a third time within 20 years of a 
4
previous violation of subsection
(a) or a
similar provision is 
5
guilty of a Class 4 felony and shall receive, in addition
to 
6
any other penalty imposed, an additional mandatory 40 hours of 
7
community
service in a program benefiting children, an 
8
additional mandatory fine of

$3,000, and a mandatory minimum 
9
120 days of imprisonment. The imprisonment or
assignment of 
10
community service under this subsection (c-10) is not subject 
11
to
suspension, nor is the person eligible for a reduced 
12
sentence.

13
    (c-11) Any person convicted a fourth or subsequent time for 
14
violating
subsection (a) or a similar provision, if at the time 
15
of the fourth or
subsequent violation the person was 
16
transporting a person under the age of 16,
and if the person's 
17
3 prior violations of subsection (a) or a similar provision

18
occurred while transporting a person under the age of 16 or 
19
while the alcohol
concentration in his or her blood, breath, or 
20
urine was 0.16 or more based
on the definition of blood, 
21
breath, or urine units in Section 11-501.2, is
guilty of a 
22
Class 2 felony, is not eligible for probation or conditional

23
discharge, and is subject to a minimum fine of $3,000.

24
    (c-12) Any person convicted of a first violation of 
25
subsection (a) or a
similar provision, if the alcohol 
26
concentration in his or her blood, breath, or
urine was 0.16 or 
27
more based on the definition of blood, breath, or urine
units 
28
in Section 11-501.2, shall be subject, in addition to any other 
29
penalty
that may be imposed, to a mandatory minimum of 100 
30
hours of community service
and a mandatory minimum fine of 
31
$500.

32
    (c-13) Any person convicted of a second violation of 
33
subsection (a) or a similar provision committed within 10 years 
34
of a previous violation of subsection (a) or a similar 
 


 






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1
provision committed within 10 years of a previous violation of 
2
subsection (a) or a similar provision, if at the time of the 
3
second violation of subsection (a) the
alcohol concentration in 
4
his or her blood, breath, or urine was 0.16 or more
based on 
5
the definition of blood, breath, or urine units in Section 
6
11-501.2,
shall be
subject, in addition to any other penalty 
7
that may be imposed, to a mandatory
minimum of 2 days of 
8
imprisonment and a mandatory minimum fine of $1,250.

9
    (c-14) Any person convicted of a third violation of 
10
subsection (a) or a
similar provision within 20 years of a 
11
previous violation of subsection (a) or
a
similar provision, if 
12
at the time of the third violation of subsection (a) or a

13
similar provision the alcohol concentration in his or her 
14
blood, breath, or
urine was 0.16 or more based on the 
15
definition of blood, breath, or urine units
in Section 
16
11-501.2, is guilty of a Class 4 felony and shall be subject, 
17
in
addition to any other penalty that may be imposed, to a 
18
mandatory minimum of
90 days of imprisonment and a mandatory 
19
minimum fine of $2,500.

20
    (c-15) Any person convicted of a fourth or subsequent 
21
violation of
subsection
(a) or a similar provision, if at the 
22
time of the fourth or subsequent
violation the alcohol 
23
concentration in his or her blood, breath, or urine was
0.16 or 
24
more based on the definition of blood, breath, or urine units 
25
in
Section 11-501.2, and if the person's 3 prior violations of 
26
subsection (a) or a
similar provision occurred while 
27
transporting a person under the age of 16 or
while the alcohol 
28
concentration in his or her blood, breath, or urine was 0.16
or 
29
more based on the definition of blood, breath, or urine units 
30
in Section
11-501.2, is guilty of a Class 2 felony and is not 
31
eligible for a sentence of
probation or conditional discharge 
32
and is subject to a minimum fine of
$2,500.


33
    (d) (1) Every person convicted of committing a violation of 
34
    this Section
shall be guilty of aggravated driving under 
 


 






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1
    the influence of alcohol,
other drug or drugs, or 
2
    intoxicating compound or compounds, or any combination

3
    thereof if:


4
            (A) the person committed a violation of subsection 
5
        (a) or a similar
provision for the
third or subsequent 
6
        time;


7
            (B) the person committed a violation of subsection 
8
        (a)
while
driving a school bus with persons 18 years of 
9
        age or younger

on board;


10
            (C) the person in committing a violation of 
11
        subsection
(a) was
involved in a motor vehicle accident 
12
        that resulted in great bodily harm or
permanent 
13
        disability or disfigurement to another, when the 
14
        violation was
a proximate cause of the injuries;


15
            (D) the person committed a violation of subsection 
16
        (a)
for a
second time and has been previously convicted 
17
        of violating Section 9-3 of the
Criminal Code of 1961 
18
        or a similar provision of a law of another state 
19
        relating to reckless homicide in which the person was

20
        determined to have been under the influence of alcohol, 
21
        other drug or
drugs, or intoxicating compound or 
22
        compounds as an element of the offense or
the person 
23
        has previously been convicted
under subparagraph (C) 
24
        or subparagraph (F) of this paragraph (1);


25
            (E) the person, in committing a violation of 
26
        subsection (a) while
driving at any speed in a school 
27
        speed zone at a time when a speed limit of
20 miles per 
28
        hour was in effect under subsection (a) of Section 
29
        11-605 of
this Code, was involved in a motor vehicle 
30
        accident that resulted in bodily
harm, other than great 
31
        bodily harm or permanent disability or disfigurement,

32
        to another person, when the violation of subsection (a) 
33
        was a
proximate cause
of the bodily harm; or


34
            (F) the person, in committing a violation of 
 


 






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1
        subsection (a), was
involved in a motor vehicle, 
2
        snowmobile, all-terrain vehicle, or watercraft

3
        accident that resulted in
the death of another person, 
4
        when the violation of subsection
(a) was
a proximate 
5
        cause of the death.


6
        (2) Except as provided in this paragraph (2), a person 
7
    convicted of
aggravated driving under
the
influence of 
8
    alcohol, other drug or
drugs,
or intoxicating compound or 
9
    compounds, or any
combination thereof is guilty of a Class 
10
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
11
    (1) of this subsection (d), the defendant, if sentenced to 
12
    a term
of imprisonment, shall be sentenced
to not less than

13
    one year nor more than 12 years.
Aggravated driving under 
14
    the influence of alcohol, other drug or drugs,
or 
15
    intoxicating compound or compounds, or any combination 
16
    thereof as
defined in subparagraph (F) of paragraph (1) of 
17
    this subsection (d) is
a Class 2 felony, for which the 
18
    defendant, unless the court determines that extraordinary 
19
    circumstances exist and require probation, shall be 
20
    sentenced to: (A) a
term of imprisonment of not less than 3 
21
    years and not more
than 14 years if the violation resulted 
22
    in the death of one person; or
(B) a term of imprisonment 
23
    of not less than 6 years and not
more than 28 years if the 
24
    violation resulted in the deaths of 2 or more
persons.
For 
25
    any prosecution under this subsection
(d), a certified copy 
26
    of the
driving abstract of the defendant shall be admitted 
27
    as proof of any prior
conviction.
Any person sentenced 
28
    under this subsection (d) who receives a term of
probation

29
    or conditional discharge must serve a minimum term of 
30
    either 480 hours of
community service or 10 days of 
31
    imprisonment as a condition of the probation or
conditional 
32
    discharge. This mandatory minimum term of imprisonment or

33
    assignment of community service may not be suspended or 
34
    reduced by the court.


 


 






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1
    (e) After a finding of guilt and prior to any final 
2
sentencing, or an
order for supervision, for an offense based 
3
upon an arrest for a
violation of this Section or a similar 
4
provision of a local ordinance,
individuals shall be required 
5
to undergo a professional evaluation to
determine if an 
6
alcohol, drug, or intoxicating compound abuse problem exists

7
and the
extent of the problem, and undergo the imposition of 
8
treatment as appropriate.
Programs conducting these 
9
evaluations shall be
licensed by the Department of Human 
10
Services.  The cost of any professional
evaluation shall be paid 
11
for by the
individual
required to undergo the professional 
12
evaluation.


13
    (e-1) Any person who is found guilty of or pleads guilty to 
14
violating this
Section, including any person receiving a 
15
disposition of court supervision for
violating this Section, 
16
may be required by the Court to attend a victim
impact panel 
17
offered by, or under contract with, a County State's Attorney's

18
office, a probation and court services department, Mothers 
19
Against Drunk
Driving,
or the Alliance Against Intoxicated 
20
Motorists.
All costs generated by
the victim impact panel shall 
21
be paid from fees collected from the
offender or as may be 
22
determined by the court.


23
    (f) Every person found guilty of violating this Section, 
24
whose
operation of a motor vehicle while in violation of this 
25
Section proximately
caused any incident resulting in an 
26
appropriate emergency response, shall
be liable for the expense 
27
of an emergency response as provided under
Section 5-5-3 of the 
28
Unified Code of Corrections.


29
    (g) The Secretary of State shall revoke the driving 
30
privileges of any
person convicted under this Section or a 
31
similar provision of a local
ordinance.


32
    (h) (Blank).



33
    (i) The Secretary of State shall require the use of 
34
ignition interlock
devices on all vehicles owned by an 
 


 






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1
individual who has been convicted of a
second
or subsequent 
2
offense of this Section or a similar provision of a local

3
ordinance.  The Secretary shall establish by rule and regulation 
4
the procedures
for certification and use of the interlock 
5
system.


6
    (j) In addition to any other penalties and liabilities, a 
7
person who is
found guilty of or pleads guilty to violating 
8
subsection (a), including any
person placed on court 
9
supervision for violating subsection (a), shall be fined
$500, 
10
payable to the
circuit clerk, who shall distribute the money as 
11
follows: 20% to the law enforcement agency
that made the arrest 
12
and 80% shall be forwarded to the State Treasurer for deposit 
13
into the General Revenue Fund.  If the person has been 
14
previously convicted of violating
subsection (a) or a similar 
15
provision of a local
ordinance, the fine shall be
$1,000.  In 
16
the event that more than one agency is responsible
for the 
17
arrest, the amount payable to law enforcement agencies  shall be 
18
shared equally.  Any moneys received
by a law
enforcement agency 
19
under this subsection (j) shall be used for enforcement and 
20
prevention of driving while under the influence of alcohol, 
21
other drug or drugs, intoxicating compound or compounds or any 
22
combination thereof, as defined by this Section, including but 
23
not limited to the
to purchase of law
enforcement equipment and 
24
commodities that will assist in the prevention of alcohol 
25
related
criminal violence throughout the State; police officer 
26
training and education in areas related to alcohol related 
27
crime, including but not limited to DUI training; and police 
28
officer salaries, including but not limited to salaries for 
29
hire back funding for safety checkpoints, saturation patrols, 
30
and liquor store sting operations. Equipment and commodities .  
31
This shall include, but are
is not limited
to, in-car video 
32
cameras, radar and laser speed detection devices, and alcohol

33
breath testers.
Any moneys received by the Department of State 
34
Police under this subsection
(j) shall be deposited into the 
 


 






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1
State Police DUI Fund and shall be used for enforcement and 
2
prevention of driving while under the influence of alcohol, 
3
other drug or drugs, intoxicating compound or compounds or any 
4
combination thereof, as defined by this Section, including but 
5
not limited to the
to
purchase of law enforcement equipment and 
6
commodities that will assist in the prevention of
alcohol 
7
related criminal violence throughout the State; police officer 
8
training and education in areas related to alcohol related 
9
crime, including but not limited to DUI training; and police 
10
officer salaries, including but not limited to salaries for 
11
hire back funding for safety checkpoints, saturation patrols, 
12
and liquor store sting operations.


13
    (k) The Secretary of State Police DUI Fund is created as a 
14
special
fund in the State treasury. All moneys received by the 
15
Secretary of State
Police under subsection (j) of this Section 
16
shall be deposited into the
Secretary of State Police DUI Fund 
17
and, subject to appropriation, shall be
used for enforcement 
18
and prevention of driving while under the influence of alcohol, 
19
other drug or drugs, intoxicating compound or compounds or any 
20
combination thereof, as defined by this Section, including but 
21
not limited to the
to purchase of law enforcement equipment and 
22
commodities to assist in the prevention of
alcohol related 
23
criminal violence throughout the State; police officer 
24
training and education in areas related to alcohol related 
25
crime, including but not limited to DUI training; and police 
26
officer salaries, including but not limited to salaries for 
27
hire back funding for safety checkpoints, saturation patrols, 
28
and liquor store sting operations.


29
    (l) Whenever an individual is sentenced for an offense 
30
based upon an
arrest for a violation of subsection (a) or a 
31
similar provision of a local
ordinance, and the professional 
32
evaluation recommends remedial or
rehabilitative treatment or 
33
education, neither the treatment nor the education
shall be the 
34
sole disposition and either or both may be imposed only in

 


 






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1
conjunction with another disposition. The court shall monitor 
2
compliance with
any remedial education or treatment 
3
recommendations contained in the
professional evaluation. 
4
Programs conducting alcohol or other drug evaluation
or 
5
remedial education must be licensed by the Department of Human 
6
Services. If
the individual is not a resident of Illinois, 
7
however, the court may accept an
alcohol or other drug 
8
evaluation or remedial education program in the
individual's 
9
state of residence.  Programs providing treatment must be 
10
licensed
under existing applicable alcoholism and drug 
11
treatment licensure standards.

12
    (m) In addition to any other fine or penalty required by 
13
law, an individual
convicted of a violation of subsection (a), 
14
Section 5-7 of the Snowmobile
Registration and Safety Act, 
15
Section 5-16 of the Boat Registration and Safety
Act, or a 
16
similar provision, whose operation of a motor vehicle, 
17
snowmobile, or
watercraft while in
violation of subsection (a), 
18
Section 5-7 of the Snowmobile Registration and
Safety Act, 
19
Section 5-16 of the Boat Registration and Safety Act, or a 
20
similar
provision proximately caused an incident resulting in 
21
an appropriate emergency
response, shall be required to make 
22
restitution to a public agency for the
costs of that emergency 
23
response. The restitution may not exceed $1,000 per
public 
24
agency for each emergency response. As used in this subsection 
25
(m),
"emergency response" means any incident requiring a 
26
response by a police
officer, a firefighter carried on the 
27
rolls of a regularly constituted fire
department, or an 
28
ambulance.


29
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
30
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
31
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 
32
1-1-06.)

 
33
    (Text of Section from P.A. 94-114)
 


 






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1
    Sec. 11-501. Driving while under the influence of alcohol, 
2
other drug or
drugs, intoxicating compound or compounds or any 
3
combination thereof.

4
    (a) A person shall not drive or be in actual
physical 
5
control of any vehicle within this State while:


6
        (1) the alcohol concentration in the person's blood or 
7
    breath is 0.08
or more based on the definition of blood and 
8
    breath units in Section 11-501.2;


9
        (2) under the influence of alcohol;


10
        (3) under the influence of any intoxicating compound or 
11
    combination of
intoxicating compounds to a degree that 
12
    renders the person incapable of
driving safely;


13
        (4) under the influence of any other drug or 
14
    combination of drugs to a
degree that renders the person 
15
    incapable of safely driving;


16
        (5) under the combined influence of alcohol, other drug 
17
    or drugs, or
intoxicating compound or compounds to a degree 
18
    that renders the person
incapable of safely driving; or


19
        (6) there is any amount of a drug, substance, or 
20
    compound in the
person's breath, blood, or urine resulting 
21
    from the unlawful use or consumption
of cannabis listed in 
22
    the Cannabis Control Act, a controlled substance listed
in 
23
    the Illinois Controlled Substances Act, or an intoxicating 
24
    compound listed
in the Use of Intoxicating Compounds Act.


25
    (b) The fact that any person charged with violating this 
26
Section is or
has been legally entitled to use alcohol, other 
27
drug or drugs, or
intoxicating compound or compounds, or any

28
combination thereof,  shall not constitute a defense against any 
29
charge of
violating this Section.


30
    (b-1) With regard to penalties imposed under this Section:

31
        (1) Any reference to a prior violation of subsection 
32
    (a) or a similar
provision includes any violation of a 
33
    provision of a local ordinance or a
provision of a law of 
34
    another state that is similar to a violation of
subsection 
 


 






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1
    (a) of this Section.

2
        (2) Any penalty imposed for driving with a license that 
3
    has been revoked
for a previous violation of subsection (a) 
4
    of this Section shall be in
addition to the penalty imposed 
5
    for any subsequent violation of subsection (a).

6
    (b-2) Except as otherwise provided in this Section, any 
7
person convicted of
violating subsection (a) of this Section is 
8
guilty of a Class A misdemeanor.

9
    (b-3) In addition to any other criminal or administrative 
10
sanction for any
second conviction of violating subsection (a) 
11
or a similar provision committed
within 5 years of a previous 
12
violation of subsection (a) or a similar
provision, the 
13
defendant shall be sentenced to a mandatory minimum of 5 days 
14
of
imprisonment or assigned a mandatory minimum of 240 hours of 
15
community service
as may be determined by the court.

16
    (b-4) In the case of a third or subsequent violation 
17
committed within 5
years of a previous violation of subsection 
18
(a) or a similar provision, in
addition to any other criminal 
19
or administrative sanction, a mandatory minimum
term of either 
20
10 days of imprisonment or 480 hours of community service shall

21
be imposed.

22
    (b-5) The imprisonment or assignment of community service 
23
under subsections
(b-3) and (b-4) shall not be subject to 
24
suspension, nor shall the person be
eligible for a reduced 
25
sentence.


26
    (c) (Blank).



27
    (c-1) (1) A person who violates subsection (a)

during
a 
28
    period in which his
or her driving privileges are revoked 
29
    or suspended, where the revocation or
suspension was for a 
30
    violation of subsection (a), Section
11-501.1, paragraph 
31
    (b)
of Section 11-401, or for reckless homicide as defined 
32
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

33
    Class 4 felony.


34
        (2) A person who violates subsection (a) a third
time, 
 


 






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1
    if the third violation occurs during a period in
which his 
2
    or her driving privileges are revoked or suspended where 
3
    the
revocation
or suspension was for a violation of 
4
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
5
    11-401, or for reckless homicide as defined in Section 9-3

6
    of the Criminal Code of 1961, is guilty of
a Class 3 
7
    felony.
8
        (2.1) A person who violates subsection (a) a third 
9
    time, if the third
violation occurs during a period in 
10
    which his or her driving privileges are
revoked or 
11
    suspended where the revocation or suspension was for a 
12
    violation of
subsection (a), Section 11-501.1, subsection 
13
    (b) of Section 11-401, or for
reckless homicide as defined 
14
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
15
    Class 3 felony; and if the
person receives a term of

16
    probation or conditional discharge, he or she shall be 
17
    required to serve a
mandatory
minimum of 10 days of 
18
    imprisonment or shall be assigned a mandatory minimum of

19
    480 hours of community service, as may be determined by the 
20
    court, as a
condition of the probation or conditional 
21
    discharge. This mandatory minimum
term of imprisonment or 
22
    assignment of community service shall not be suspended
or 
23
    reduced by the court.

24
        (2.2) A person who violates subsection (a), if the

25
    violation occurs during a period in which his or her 
26
    driving privileges are
revoked or suspended where the 
27
    revocation or suspension was for a violation of
subsection 
28
    (a) or Section 11-501.1, shall also be sentenced to an 
29
    additional
mandatory minimum term of 30 consecutive days of 
30
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
31
    720 hours of community service, as may be
determined by the 
32
    court.  This mandatory term of imprisonment or assignment of

33
    community service shall  not be suspended or reduced by the 
34
    court.


 


 






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1
        (3) A person who violates subsection (a) a fourth or

2
    fifth time, if the fourth or fifth

violation occurs
during 
3
    a period in which his
or her driving privileges are revoked 
4
    or suspended where the revocation
or suspension was for a 
5
    violation of subsection (a),
Section 11-501.1, paragraph

6
    (b) of Section 11-401, or for reckless homicide as defined 
7
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
8
    Class 2 felony and is not eligible for a sentence of 
9
    probation or
conditional discharge.


10
    (c-2) (Blank).


11
    (c-3) (Blank).



12
    (c-4) (Blank).

13
    (c-5) A person who violates subsection (a), if the person 
14
was transporting
a person under the age of 16 at the time of 
15
the violation, is subject to an
additional mandatory minimum 
16
fine of $1,000, an additional mandatory minimum
140 hours of 
17
community service, which shall include 40 hours of community

18
service in a program benefiting children, and an additional 2 
19
days of
imprisonment. The imprisonment or assignment of 
20
community service under this
subsection (c-5) is not subject to 
21
suspension, nor is the person eligible for
a reduced sentence.

22
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
23
person who
violates
subsection (a) a second time, if at the 
24
time of
the second violation the person was transporting a 
25
person under the age of 16,
is subject to an additional 10 days 
26
of imprisonment, an additional mandatory
minimum fine of 
27
$1,000, and an additional mandatory minimum 140 hours of

28
community service, which shall include 40 hours of community 
29
service in a
program benefiting children.
The imprisonment or 
30
assignment of community service under this subsection (c-6)
is 
31
not subject to suspension, nor is the person eligible for a 
32
reduced
sentence.

33
    (c-7) Except as provided in subsection (c-8), any person 
34
convicted of
violating subsection (c-6) or a similar
provision 
 


 






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1
within 10 years of a previous violation of subsection (a) or a

2
similar provision shall receive, in addition to any other 
3
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
4
additional 40 hours of mandatory
community service in a program 
5
benefiting children, and a mandatory minimum
fine of $1,750. 
6
The imprisonment or assignment of community service under this

7
subsection (c-7) is not subject to suspension, nor is the 
8
person
eligible for a reduced sentence.

9
    (c-8) Any person convicted of violating subsection (c-6) or 
10
a similar
provision within 5 years of a previous violation of 
11
subsection (a) or a similar
provision shall receive, in 
12
addition to any other penalty imposed, an
additional 80 hours 
13
of mandatory community service in a program benefiting

14
children, an additional mandatory minimum 12 days of 
15
imprisonment, and a
mandatory minimum fine of $1,750. The 
16
imprisonment or assignment of community
service under this 
17
subsection (c-8) is not subject to suspension, nor
is the

18
person eligible for a reduced sentence.

19
    (c-9) Any person convicted a third time for violating 
20
subsection (a) or a
similar provision, if at the time of the 
21
third violation the person was
transporting a person under the 
22
age of 16, is guilty of a Class 4 felony and shall
receive, in 
23
addition to any other
penalty imposed, an additional mandatory 
24
fine of $1,000, an additional
mandatory 140 hours of community 
25
service, which shall include 40 hours in a
program benefiting 
26
children, and a mandatory minimum 30 days of imprisonment.
The 
27
imprisonment or assignment of community service under this 
28
subsection (c-9)
is not subject to suspension, nor is the 
29
person eligible for a reduced
sentence.

30
    (c-10) Any person convicted of violating subsection (c-9) 
31
or a similar
provision a third time within 20 years of a 
32
previous violation of subsection
(a) or a
similar provision is 
33
guilty of a Class 4 felony and shall receive, in addition
to 
34
any other penalty imposed, an additional mandatory 40 hours of 
 


 






09400SB1088sam001
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1
community
service in a program benefiting children, an 
2
additional mandatory fine of

$3,000, and a mandatory minimum 
3
120 days of imprisonment. The imprisonment or
assignment of 
4
community service under this subsection (c-10) is not subject 
5
to
suspension, nor is the person eligible for a reduced 
6
sentence.

7
    (c-11) Any person convicted a fourth or fifth

time for 
8
violating
subsection (a) or a similar provision, if at the time 
9
of the fourth or
fifth violation the person was transporting a 
10
person under the age of 16,
and if the person's 3 prior 
11
violations of subsection (a) or a similar provision
occurred 
12
while transporting a person under the age of 16 or while the 
13
alcohol
concentration in his or her blood, breath, or urine was 
14
0.16 or more based
on the definition of blood, breath, or urine 
15
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
16
not eligible for probation or conditional
discharge, and is 
17
subject to a minimum fine of $3,000.

18
    (c-12) Any person convicted of a first violation of 
19
subsection (a) or a
similar provision, if the alcohol 
20
concentration in his or her blood, breath, or
urine was 0.16 or 
21
more based on the definition of blood, breath, or urine
units 
22
in Section 11-501.2, shall be subject, in addition to any other 
23
penalty
that may be imposed, to a mandatory minimum of 100 
24
hours of community service
and a mandatory minimum fine of 
25
$500.

26
    (c-13) Any person convicted of a second violation of 
27
subsection (a) or a similar provision committed within 10 years 
28
of a previous violation of subsection (a) or a similar 
29
provision committed within 10 years of a previous violation of 
30
subsection (a) or a similar provision, if at the time of the 
31
second violation of subsection (a) the
alcohol concentration in 
32
his or her blood, breath, or urine was 0.16 or more
based on 
33
the definition of blood, breath, or urine units in Section 
34
11-501.2,
shall be
subject, in addition to any other penalty 
 


 






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1
that may be imposed, to a mandatory
minimum of 2 days of 
2
imprisonment and a mandatory minimum fine of $1,250.

3
    (c-14) Any person convicted of a third violation of 
4
subsection (a) or a
similar provision within 20 years of a 
5
previous violation of subsection (a) or
a
similar provision, if 
6
at the time of the third violation of subsection (a) or a

7
similar provision the alcohol concentration in his or her 
8
blood, breath, or
urine was 0.16 or more based on the 
9
definition of blood, breath, or urine units
in Section 
10
11-501.2, is guilty of a Class 4 felony and shall be subject, 
11
in
addition to any other penalty that may be imposed, to a 
12
mandatory minimum of
90 days of imprisonment and a mandatory 
13
minimum fine of $2,500.

14
    (c-15) Any person convicted of a fourth or fifth

violation 
15
of
subsection
(a) or a similar provision, if at the time of the 
16
fourth or fifth

violation the alcohol concentration in his or 
17
her blood, breath, or urine was
0.16 or more based on the 
18
definition of blood, breath, or urine units in
Section 
19
11-501.2, and if the person's 3 prior violations of subsection 
20
(a) or a
similar provision occurred while transporting a person 
21
under the age of 16 or
while the alcohol concentration in his 
22
or her blood, breath, or urine was 0.16
or more based on the 
23
definition of blood, breath, or urine units in Section

24
11-501.2, is guilty of a Class 2 felony and is not eligible for 
25
a sentence of
probation or conditional discharge and is subject 
26
to a minimum fine of
$2,500.


27
    (c-16) Any person convicted of a sixth or subsequent 
28
violation of subsection (a) is guilty of a Class X felony.

29
    (d) (1) Every person convicted of committing a violation of 
30
    this Section
shall be guilty of aggravated driving under 
31
    the influence of alcohol,
other drug or drugs, or 
32
    intoxicating compound or compounds, or any combination

33
    thereof if:


34
            (A) the person committed a violation of subsection 
 


 






09400SB1088sam001
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1
        (a) or a similar
provision for the
third or subsequent 
2
        time;


3
            (B) the person committed a violation of subsection 
4
        (a)
while
driving a school bus with persons 18 years of 
5
        age or younger

on board;


6
            (C) the person in committing a violation of 
7
        subsection
(a) was
involved in a motor vehicle accident 
8
        that resulted in great bodily harm or
permanent 
9
        disability or disfigurement to another, when the 
10
        violation was
a proximate cause of the injuries;


11
            (D) the person committed a violation of subsection 
12
        (a)
for a
second time and has been previously convicted 
13
        of violating Section 9-3 of the
Criminal Code of 1961 
14
        or a similar provision of a law of another state 
15
        relating to reckless homicide in which the person was

16
        determined to have been under the influence of alcohol, 
17
        other drug or
drugs, or intoxicating compound or 
18
        compounds as an element of the offense or
the person 
19
        has previously been convicted
under subparagraph (C) 
20
        or subparagraph (F) of this paragraph (1);


21
            (E) the person, in committing a violation of 
22
        subsection (a) while
driving at any speed in a school 
23
        speed zone at a time when a speed limit of
20 miles per 
24
        hour was in effect under subsection (a) of Section 
25
        11-605 of
this Code, was involved in a motor vehicle 
26
        accident that resulted in bodily
harm, other than great 
27
        bodily harm or permanent disability or disfigurement,

28
        to another person, when the violation of subsection (a) 
29
        was a
proximate cause
of the bodily harm; or


30
            (F) the person, in committing a violation of 
31
        subsection (a), was
involved in a motor vehicle, 
32
        snowmobile, all-terrain vehicle, or watercraft

33
        accident that resulted in
the death of another person, 
34
        when the violation of subsection
(a) was
a proximate 
 


 






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1
        cause of the death.


2
        (2) Except as provided in this paragraph (2), a person 
3
    convicted of
aggravated driving under
the
influence of 
4
    alcohol, other drug or
drugs,
or intoxicating compound or 
5
    compounds, or any
combination thereof is guilty of a Class 
6
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
7
    (1) of this subsection (d), the defendant, if sentenced to 
8
    a term
of imprisonment, shall be sentenced
to not less than

9
    one year nor more than 12 years.
Aggravated driving under 
10
    the influence of alcohol, other drug or drugs,
or 
11
    intoxicating compound or compounds, or any combination 
12
    thereof as
defined in subparagraph (F) of paragraph (1) of 
13
    this subsection (d) is
a Class 2 felony, for which the 
14
    defendant, if sentenced to a term of
imprisonment, shall be 
15
    sentenced to: (A) a
term of imprisonment of not less than 3 
16
    years and not more
than 14 years if the violation resulted 
17
    in the death of one person; or
(B) a term of imprisonment 
18
    of not less than 6 years and not
more than 28 years if the 
19
    violation resulted in the deaths of 2 or more
persons.
For 
20
    any prosecution under this subsection
(d), a certified copy 
21
    of the
driving abstract of the defendant shall be admitted 
22
    as proof of any prior
conviction.
Any person sentenced 
23
    under this subsection (d) who receives a term of
probation

24
    or conditional discharge must serve a minimum term of 
25
    either 480 hours of
community service or 10 days of 
26
    imprisonment as a condition of the probation or
conditional 
27
    discharge. This mandatory minimum term of imprisonment or

28
    assignment of community service may not be suspended or 
29
    reduced by the court.


30
    (e) After a finding of guilt and prior to any final 
31
sentencing, or an
order for supervision, for an offense based 
32
upon an arrest for a
violation of this Section or a similar 
33
provision of a local ordinance,
individuals shall be required 
34
to undergo a professional evaluation to
determine if an 
 


 






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1
alcohol, drug, or intoxicating compound abuse problem exists

2
and the
extent of the problem, and undergo the imposition of 
3
treatment as appropriate.
Programs conducting these 
4
evaluations shall be
licensed by the Department of Human 
5
Services.  The cost of any professional
evaluation shall be paid 
6
for by the
individual
required to undergo the professional 
7
evaluation.


8
    (e-1) Any person who is found guilty of or pleads guilty to 
9
violating this
Section, including any person receiving a 
10
disposition of court supervision for
violating this Section, 
11
may be required by the Court to attend a victim
impact panel 
12
offered by, or under contract with, a County State's Attorney's

13
office, a probation and court services department, Mothers 
14
Against Drunk
Driving,
or the Alliance Against Intoxicated 
15
Motorists.
All costs generated by
the victim impact panel shall 
16
be paid from fees collected from the
offender or as may be 
17
determined by the court.


18
    (f) Every person found guilty of violating this Section, 
19
whose
operation of a motor vehicle while in violation of this 
20
Section proximately
caused any incident resulting in an 
21
appropriate emergency response, shall
be liable for the expense 
22
of an emergency response as provided under
Section 5-5-3 of the 
23
Unified Code of Corrections.


24
    (g) The Secretary of State shall revoke the driving 
25
privileges of any
person convicted under this Section or a 
26
similar provision of a local
ordinance.


27
    (h) (Blank).



28
    (i) The Secretary of State shall require the use of 
29
ignition interlock
devices on all vehicles owned by an 
30
individual who has been convicted of a
second
or subsequent 
31
offense of this Section or a similar provision of a local

32
ordinance.  The Secretary shall establish by rule and regulation 
33
the procedures
for certification and use of the interlock 
34
system.


 


 






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    (j) In addition to any other penalties and liabilities, a 
2
person who is
found guilty of or pleads guilty to violating 
3
subsection (a), including any
person placed on court 
4
supervision for violating subsection (a), shall be fined
$500, 
5
payable to the
circuit clerk, who shall distribute the money as 
6
follows: 20% to the law enforcement agency
that made the arrest 
7
and 80% shall be forwarded to the State Treasurer for deposit 
8
into the General Revenue Fund.  If the person has been 
9
previously convicted of violating
subsection (a) or a similar 
10
provision of a local
ordinance, the fine shall be
$1,000.  In 
11
the event that more than one agency is responsible
for the 
12
arrest, the amount payable to law enforcement agencies  shall be 
13
shared equally.  Any moneys received
by a law
enforcement agency 
14
under this subsection (j) shall be used for enforcement and 
15
prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the
to purchase of law
enforcement equipment and 
19
commodities that will assist in the prevention of alcohol 
20
related
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations. Equipment and commodities .  
26
This shall include, but are
is not limited
to, in-car video 
27
cameras, radar and laser speed detection devices, and alcohol

28
breath testers.
Any moneys received by the Department of State 
29
Police under this subsection
(j) shall be deposited into the 
30
State Police DUI Fund and shall be used for enforcement and 
31
prevention of driving while under the influence of alcohol, 
32
other drug or drugs, intoxicating compound or compounds or any 
33
combination thereof, as defined by this Section, including but 
34
not limited to the
to
purchase of law enforcement equipment and 
 


 






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commodities that will assist in the prevention of
alcohol 
2
related criminal violence throughout the State; police officer 
3
training and education in areas related to alcohol related 
4
crime, including but not limited to DUI training; and police 
5
officer salaries, including but not limited to salaries for 
6
hire back funding for safety checkpoints, saturation patrols, 
7
and liquor store sting operations.


8
    (k) The Secretary of State Police DUI Fund is created as a 
9
special
fund in the State treasury. All moneys received by the 
10
Secretary of State
Police under subsection (j) of this Section 
11
shall be deposited into the
Secretary of State Police DUI Fund 
12
and, subject to appropriation, shall be
used for enforcement 
13
and prevention of driving while under the influence of alcohol, 
14
other drug or drugs, intoxicating compound or compounds or any 
15
combination thereof, as defined by this Section, including but 
16
not limited to the
to purchase of law enforcement equipment and 
17
commodities to assist in the prevention of
alcohol related 
18
criminal violence throughout the State; police officer 
19
training and education in areas related to alcohol related 
20
crime, including but not limited to DUI training; and police 
21
officer salaries, including but not limited to salaries for 
22
hire back funding for safety checkpoints, saturation patrols, 
23
and liquor store sting operations.


24
    (l) Whenever an individual is sentenced for an offense 
25
based upon an
arrest for a violation of subsection (a) or a 
26
similar provision of a local
ordinance, and the professional 
27
evaluation recommends remedial or
rehabilitative treatment or 
28
education, neither the treatment nor the education
shall be the 
29
sole disposition and either or both may be imposed only in

30
conjunction with another disposition. The court shall monitor 
31
compliance with
any remedial education or treatment 
32
recommendations contained in the
professional evaluation. 
33
Programs conducting alcohol or other drug evaluation
or 
34
remedial education must be licensed by the Department of Human 
 


 






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Services. If
the individual is not a resident of Illinois, 
2
however, the court may accept an
alcohol or other drug 
3
evaluation or remedial education program in the
individual's 
4
state of residence.  Programs providing treatment must be 
5
licensed
under existing applicable alcoholism and drug 
6
treatment licensure standards.

7
    (m) In addition to any other fine or penalty required by 
8
law, an individual
convicted of a violation of subsection (a), 
9
Section 5-7 of the Snowmobile
Registration and Safety Act, 
10
Section 5-16 of the Boat Registration and Safety
Act, or a 
11
similar provision, whose operation of a motor vehicle, 
12
snowmobile, or
watercraft while in
violation of subsection (a), 
13
Section 5-7 of the Snowmobile Registration and
Safety Act, 
14
Section 5-16 of the Boat Registration and Safety Act, or a 
15
similar
provision proximately caused an incident resulting in 
16
an appropriate emergency
response, shall be required to make 
17
restitution to a public agency for the
costs of that emergency 
18
response. The restitution may not exceed $1,000 per
public 
19
agency for each emergency response. As used in this subsection 
20
(m),
"emergency response" means any incident requiring a 
21
response by a police
officer, a firefighter carried on the 
22
rolls of a regularly constituted fire
department, or an 
23
ambulance.


24
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
25
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
26
93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)

 
27
    (Text of Section from P.A. 94-116)
28
    Sec. 11-501. Driving while under the influence of alcohol, 
29
other drug or
drugs, intoxicating compound or compounds or any 
30
combination thereof.

31
    (a) A person shall not drive or be in actual
physical 
32
control of any vehicle within this State while:


33
        (1) the alcohol concentration in the person's blood or 
 


 






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    breath is 0.08
or more based on the definition of blood and 
2
    breath units in Section 11-501.2;


3
        (2) under the influence of alcohol;


4
        (3) under the influence of any intoxicating compound or 
5
    combination of
intoxicating compounds to a degree that 
6
    renders the person incapable of
driving safely;


7
        (4) under the influence of any other drug or 
8
    combination of drugs to a
degree that renders the person 
9
    incapable of safely driving;


10
        (5) under the combined influence of alcohol, other drug 
11
    or drugs, or
intoxicating compound or compounds to a degree 
12
    that renders the person
incapable of safely driving; or


13
        (6) there is any amount of a drug, substance, or 
14
    compound in the
person's breath, blood, or urine resulting 
15
    from the unlawful use or consumption
of cannabis listed in 
16
    the Cannabis Control Act, a controlled substance listed
in 
17
    the Illinois Controlled Substances Act, or an intoxicating 
18
    compound listed
in the Use of Intoxicating Compounds Act.


19
    (b) The fact that any person charged with violating this 
20
Section is or
has been legally entitled to use alcohol, other 
21
drug or drugs, or
intoxicating compound or compounds, or any

22
combination thereof,  shall not constitute a defense against any 
23
charge of
violating this Section.


24
    (b-1) With regard to penalties imposed under this Section:

25
        (1) Any reference to a prior violation of subsection 
26
    (a) or a similar
provision includes any violation of a 
27
    provision of a local ordinance or a
provision of a law of 
28
    another state that is similar to a violation of
subsection 
29
    (a) of this Section.

30
        (2) Any penalty imposed for driving with a license that 
31
    has been revoked
for a previous violation of subsection (a) 
32
    of this Section shall be in
addition to the penalty imposed 
33
    for any subsequent violation of subsection (a).

34
    (b-2) Except as otherwise provided in this Section, any 
 


 






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person convicted of
violating subsection (a) of this Section is 
2
guilty of a Class A misdemeanor.

3
    (b-3) In addition to any other criminal or administrative 
4
sanction for any
second conviction of violating subsection (a) 
5
or a similar provision committed
within 5 years of a previous 
6
violation of subsection (a) or a similar
provision, the 
7
defendant shall be sentenced to a mandatory minimum of 5 days 
8
of
imprisonment or assigned a mandatory minimum of 240 hours of 
9
community service
as may be determined by the court.

10
    (b-4) In the case of a third violation committed within 5

11
years of a previous violation of subsection (a) or a similar 
12
provision, the defendant is guilty of a Class 2 felony, and in

13
addition to any other criminal or administrative sanction, a 
14
mandatory minimum
term of either 10 days of imprisonment or 480 
15
hours of community service shall
be imposed.

16
    (b-5) The imprisonment or assignment of community service 
17
under subsections
(b-3) and (b-4) shall not be subject to 
18
suspension, nor shall the person be
eligible for a reduced 
19
sentence.


20
    (c) (Blank).



21
    (c-1) (1) A person who violates subsection (a)

during
a 
22
    period in which his
or her driving privileges are revoked 
23
    or suspended, where the revocation or
suspension was for a 
24
    violation of subsection (a), Section
11-501.1, paragraph 
25
    (b)
of Section 11-401, or for reckless homicide as defined 
26
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

27
    Class 4 felony.


28
        (2) A person who violates subsection (a) a third
time 
29
    is guilty of
a Class 2 felony.
30
        (2.1) A person who violates subsection (a) a third 
31
    time, if the third
violation occurs during a period in 
32
    which his or her driving privileges are
revoked or 
33
    suspended where the revocation or suspension was for a 
34
    violation of
subsection (a), Section 11-501.1, subsection 
 


 






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1
    (b) of Section 11-401, or for
reckless homicide as defined 
2
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
3
    Class 2 felony; and if the
person receives a term of

4
    probation or conditional discharge, he or she shall be 
5
    required to serve a
mandatory
minimum of 10 days of 
6
    imprisonment or shall be assigned a mandatory minimum of

7
    480 hours of community service, as may be determined by the 
8
    court, as a
condition of the probation or conditional 
9
    discharge. This mandatory minimum
term of imprisonment or 
10
    assignment of community service shall not be suspended
or 
11
    reduced by the court.

12
        (2.2) A person who violates subsection (a), if the

13
    violation occurs during a period in which his or her 
14
    driving privileges are
revoked or suspended where the 
15
    revocation or suspension was for a violation of
subsection 
16
    (a) or Section 11-501.1, shall also be sentenced to an 
17
    additional
mandatory minimum term of 30 consecutive days of 
18
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
19
    720 hours of community service, as may be
determined by the 
20
    court.  This mandatory term of imprisonment or assignment of

21
    community service shall  not be suspended or reduced by the 
22
    court.


23
        (3) A person who violates subsection (a) a fourth time 
24
    is guilty of
a Class 2 felony and is not eligible for a 
25
    sentence of probation or
conditional discharge.


26
        (4) A person who violates subsection (a) a fifth or 
27
    subsequent time is guilty of a Class 1 felony and is not 
28
    eligible for a sentence of probation or conditional 
29
    discharge.

30
    (c-2) (Blank).


31
    (c-3) (Blank).



32
    (c-4) (Blank).

33
    (c-5) A person who violates subsection (a), if the person 
34
was transporting
a person under the age of 16 at the time of 
 


 






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1
the violation, is subject to an
additional mandatory minimum 
2
fine of $1,000, an additional mandatory minimum
140 hours of 
3
community service, which shall include 40 hours of community

4
service in a program benefiting children, and an additional 2 
5
days of
imprisonment. The imprisonment or assignment of 
6
community service under this
subsection (c-5) is not subject to 
7
suspension, nor is the person eligible for
a reduced sentence.

8
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
9
person who
violates
subsection (a) a second time, if at the 
10
time of
the second violation the person was transporting a 
11
person under the age of 16,
is subject to an additional 10 days 
12
of imprisonment, an additional mandatory
minimum fine of 
13
$1,000, and an additional mandatory minimum 140 hours of

14
community service, which shall include 40 hours of community 
15
service in a
program benefiting children.
The imprisonment or 
16
assignment of community service under this subsection (c-6)
is 
17
not subject to suspension, nor is the person eligible for a 
18
reduced
sentence.

19
    (c-7) Except as provided in subsection (c-8), any person 
20
convicted of
violating subsection (c-6) or a similar
provision 
21
within 10 years of a previous violation of subsection (a) or a

22
similar provision shall receive, in addition to any other 
23
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
24
additional 40 hours of mandatory
community service in a program 
25
benefiting children, and a mandatory minimum
fine of $1,750. 
26
The imprisonment or assignment of community service under this

27
subsection (c-7) is not subject to suspension, nor is the 
28
person
eligible for a reduced sentence.

29
    (c-8) Any person convicted of violating subsection (c-6) or 
30
a similar
provision within 5 years of a previous violation of 
31
subsection (a) or a similar
provision shall receive, in 
32
addition to any other penalty imposed, an
additional 80 hours 
33
of mandatory community service in a program benefiting

34
children, an additional mandatory minimum 12 days of 
 


 






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1
imprisonment, and a
mandatory minimum fine of $1,750. The 
2
imprisonment or assignment of community
service under this 
3
subsection (c-8) is not subject to suspension, nor
is the

4
person eligible for a reduced sentence.

5
    (c-9) Any person convicted a third time for violating 
6
subsection (a) or a
similar provision, if at the time of the 
7
third violation the person was
transporting a person under the 
8
age of 16, is guilty of a Class 2 felony and shall
receive, in 
9
addition to any other
penalty imposed, an additional mandatory 
10
fine of $1,000, an additional
mandatory 140 hours of community 
11
service, which shall include 40 hours in a
program benefiting 
12
children, and a mandatory minimum 30 days of imprisonment.
The 
13
imprisonment or assignment of community service under this 
14
subsection (c-9)
is not subject to suspension, nor is the 
15
person eligible for a reduced
sentence.

16
    (c-10) Any person convicted of violating subsection (c-9) 
17
or a similar
provision a third time within 20 years of a 
18
previous violation of subsection
(a) or a
similar provision is 
19
guilty of a Class 2 felony and shall receive, in addition
to 
20
any other penalty imposed, an additional mandatory 40 hours of 
21
community
service in a program benefiting children, an 
22
additional mandatory fine of

$3,000, and a mandatory minimum 
23
120 days of imprisonment. The imprisonment or
assignment of 
24
community service under this subsection (c-10) is not subject 
25
to
suspension, nor is the person eligible for a reduced 
26
sentence.

27
    (c-11) Any person convicted a fourth time for violating

28
subsection (a) or a similar provision, if at the time of the 
29
fourth violation the person was transporting a person under the 
30
age of 16,
and if the person's 3 prior violations of subsection 
31
(a) or a similar provision
occurred while transporting a person 
32
under the age of 16 or while the alcohol
concentration in his 
33
or her blood, breath, or urine was 0.16 or more based
on the 
34
definition of blood, breath, or urine units in Section 
 


 






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1
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
2
probation or conditional
discharge, and is subject to a minimum 
3
fine of $3,000.

4
    (c-12) Any person convicted of a first violation of 
5
subsection (a) or a
similar provision, if the alcohol 
6
concentration in his or her blood, breath, or
urine was 0.16 or 
7
more based on the definition of blood, breath, or urine
units 
8
in Section 11-501.2, shall be subject, in addition to any other 
9
penalty
that may be imposed, to a mandatory minimum of 100 
10
hours of community service
and a mandatory minimum fine of 
11
$500.

12
    (c-13) Any person convicted of a second violation of 
13
subsection (a) or a similar provision committed within 10 years 
14
of a previous violation of subsection (a) or a similar 
15
provision committed within 10 years of a previous violation of 
16
subsection (a) or a similar provision, if at the time of the 
17
second violation of subsection (a) the
alcohol concentration in 
18
his or her blood, breath, or urine was 0.16 or more
based on 
19
the definition of blood, breath, or urine units in Section 
20
11-501.2,
shall be
subject, in addition to any other penalty 
21
that may be imposed, to a mandatory
minimum of 2 days of 
22
imprisonment and a mandatory minimum fine of $1,250.

23
    (c-14) Any person convicted of a third violation of 
24
subsection (a) or a
similar provision within 20 years of a 
25
previous violation of subsection (a) or
a
similar provision, if 
26
at the time of the third violation of subsection (a) or a

27
similar provision the alcohol concentration in his or her 
28
blood, breath, or
urine was 0.16 or more based on the 
29
definition of blood, breath, or urine units
in Section 
30
11-501.2, is guilty of a Class 2 felony and shall be subject, 
31
in
addition to any other penalty that may be imposed, to a 
32
mandatory minimum of
90 days of imprisonment and a mandatory 
33
minimum fine of $2,500.

34
    (c-15) Any person convicted of a fourth
violation of

 


 






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1
subsection
(a) or a similar provision, if at the time of the 
2
fourth
violation the alcohol concentration in his or her blood, 
3
breath, or urine was
0.16 or more based on the definition of 
4
blood, breath, or urine units in
Section 11-501.2, and if the 
5
person's 3 prior violations of subsection (a) or a
similar 
6
provision occurred while transporting a person under the age of 
7
16 or
while the alcohol concentration in his or her blood, 
8
breath, or urine was 0.16
or more based on the definition of 
9
blood, breath, or urine units in Section
11-501.2, is guilty of 
10
a Class 2 felony and is not eligible for a sentence of

11
probation or conditional discharge and is subject to a minimum 
12
fine of
$2,500.


13
    (d) (1) Every person convicted of committing a violation of 
14
    this Section
shall be guilty of aggravated driving under 
15
    the influence of alcohol,
other drug or drugs, or 
16
    intoxicating compound or compounds, or any combination

17
    thereof if:


18
            (A) the person committed a violation of subsection 
19
        (a) or a similar
provision for the
third or subsequent 
20
        time;


21
            (B) the person committed a violation of subsection 
22
        (a)
while
driving a school bus with persons 18 years of 
23
        age or younger

on board;


24
            (C) the person in committing a violation of 
25
        subsection
(a) was
involved in a motor vehicle accident 
26
        that resulted in great bodily harm or
permanent 
27
        disability or disfigurement to another, when the 
28
        violation was
a proximate cause of the injuries;


29
            (D) the person committed a violation of subsection 
30
        (a)
for a
second time and has been previously convicted 
31
        of violating Section 9-3 of the
Criminal Code of 1961 
32
        or a similar provision of a law of another state 
33
        relating to reckless homicide in which the person was

34
        determined to have been under the influence of alcohol, 
 


 






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1
        other drug or
drugs, or intoxicating compound or 
2
        compounds as an element of the offense or
the person 
3
        has previously been convicted
under subparagraph (C) 
4
        or subparagraph (F) of this paragraph (1);


5
            (E) the person, in committing a violation of 
6
        subsection (a) while
driving at any speed in a school 
7
        speed zone at a time when a speed limit of
20 miles per 
8
        hour was in effect under subsection (a) of Section 
9
        11-605 of
this Code, was involved in a motor vehicle 
10
        accident that resulted in bodily
harm, other than great 
11
        bodily harm or permanent disability or disfigurement,

12
        to another person, when the violation of subsection (a) 
13
        was a
proximate cause
of the bodily harm; or


14
            (F) the person, in committing a violation of 
15
        subsection (a), was
involved in a motor vehicle, 
16
        snowmobile, all-terrain vehicle, or watercraft

17
        accident that resulted in
the death of another person, 
18
        when the violation of subsection
(a) was
a proximate 
19
        cause of the death.


20
        (2) Except as provided in this paragraph (2) and in 
21
    paragraphs (3) and (4) of subsection (c-1), a person 
22
    convicted of
aggravated driving under
the
influence of 
23
    alcohol, other drug or
drugs,
or intoxicating compound or 
24
    compounds, or any
combination thereof is guilty of a Class 
25
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
26
    (1) of this subsection (d), the defendant, if sentenced to 
27
    a term
of imprisonment, shall be sentenced
to not less than

28
    one year nor more than 12 years.
Except as provided in 
29
    paragraph (4) of subsection (c-1), aggravated driving 
30
    under the influence of alcohol, other drug, or drugs, 
31
    intoxicating compounds or compounds, or any combination 
32
    thereof as defined in subparagraph (A) of paragraph (1) of 
33
    this subsection (d) is a Class 2 felony. Aggravated driving 
34
    under the influence of alcohol, other drug or drugs,
or 
 


 






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1
    intoxicating compound or compounds, or any combination 
2
    thereof as
defined in subparagraph (F) of paragraph (1) of 
3
    this subsection (d) is
a Class 2 felony, for which the 
4
    defendant, if sentenced to a term of
imprisonment, shall be 
5
    sentenced to: (A) a
term of imprisonment of not less than 3 
6
    years and not more
than 14 years if the violation resulted 
7
    in the death of one person; or
(B) a term of imprisonment 
8
    of not less than 6 years and not
more than 28 years if the 
9
    violation resulted in the deaths of 2 or more
persons.
For 
10
    any prosecution under this subsection
(d), a certified copy 
11
    of the
driving abstract of the defendant shall be admitted 
12
    as proof of any prior
conviction.
Any person sentenced 
13
    under this subsection (d) who receives a term of
probation

14
    or conditional discharge must serve a minimum term of 
15
    either 480 hours of
community service or 10 days of 
16
    imprisonment as a condition of the probation or
conditional 
17
    discharge. This mandatory minimum term of imprisonment or

18
    assignment of community service may not be suspended or 
19
    reduced by the court.


20
    (e) After a finding of guilt and prior to any final 
21
sentencing, or an
order for supervision, for an offense based 
22
upon an arrest for a
violation of this Section or a similar 
23
provision of a local ordinance,
individuals shall be required 
24
to undergo a professional evaluation to
determine if an 
25
alcohol, drug, or intoxicating compound abuse problem exists

26
and the
extent of the problem, and undergo the imposition of 
27
treatment as appropriate.
Programs conducting these 
28
evaluations shall be
licensed by the Department of Human 
29
Services.  The cost of any professional
evaluation shall be paid 
30
for by the
individual
required to undergo the professional 
31
evaluation.


32
    (e-1) Any person who is found guilty of or pleads guilty to 
33
violating this
Section, including any person receiving a 
34
disposition of court supervision for
violating this Section, 
 


 






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may be required by the Court to attend a victim
impact panel 
2
offered by, or under contract with, a County State's Attorney's

3
office, a probation and court services department, Mothers 
4
Against Drunk
Driving,
or the Alliance Against Intoxicated 
5
Motorists.
All costs generated by
the victim impact panel shall 
6
be paid from fees collected from the
offender or as may be 
7
determined by the court.


8
    (f) Every person found guilty of violating this Section, 
9
whose
operation of a motor vehicle while in violation of this 
10
Section proximately
caused any incident resulting in an 
11
appropriate emergency response, shall
be liable for the expense 
12
of an emergency response as provided under
Section 5-5-3 of the 
13
Unified Code of Corrections.


14
    (g) The Secretary of State shall revoke the driving 
15
privileges of any
person convicted under this Section or a 
16
similar provision of a local
ordinance.


17
    (h) (Blank).



18
    (i) The Secretary of State shall require the use of 
19
ignition interlock
devices on all vehicles owned by an 
20
individual who has been convicted of a
second
or subsequent 
21
offense of this Section or a similar provision of a local

22
ordinance.  The Secretary shall establish by rule and regulation 
23
the procedures
for certification and use of the interlock 
24
system.


25
    (j) In addition to any other penalties and liabilities, a 
26
person who is
found guilty of or pleads guilty to violating 
27
subsection (a), including any
person placed on court 
28
supervision for violating subsection (a), shall be fined
$500, 
29
payable to the
circuit clerk, who shall distribute the money as 
30
follows: 20% to the law enforcement agency
that made the arrest 
31
and 80% shall be forwarded to the State Treasurer for deposit 
32
into the General Revenue Fund.  If the person has been 
33
previously convicted of violating
subsection (a) or a similar 
34
provision of a local
ordinance, the fine shall be
$1,000.  In 
 


 






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the event that more than one agency is responsible
for the 
2
arrest, the amount payable to law enforcement agencies  shall be 
3
shared equally.  Any moneys received
by a law
enforcement agency 
4
under this subsection (j) shall be used for enforcement and 
5
prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the
to purchase of law
enforcement equipment and 
9
commodities that will assist in the prevention of alcohol 
10
related
criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations. Equipment and commodities .  
16
This shall include, but are
is not limited
to, in-car video 
17
cameras, radar and laser speed detection devices, and alcohol

18
breath testers.
Any moneys received by the Department of State 
19
Police under this subsection
(j) shall be deposited into the 
20
State Police DUI Fund and shall be used for enforcement and 
21
prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the
to
purchase of law enforcement equipment and 
25
commodities that will assist in the prevention of
alcohol 
26
related criminal violence throughout the State; police officer 
27
training and education in areas related to alcohol related 
28
crime, including but not limited to DUI training; and police 
29
officer salaries, including but not limited to salaries for 
30
hire back funding for safety checkpoints, saturation patrols, 
31
and liquor store sting operations.


32
    (k) The Secretary of State Police DUI Fund is created as a 
33
special
fund in the State treasury. All moneys received by the 
34
Secretary of State
Police under subsection (j) of this Section 
 


 






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shall be deposited into the
Secretary of State Police DUI Fund 
2
and, subject to appropriation, shall be
used for enforcement 
3
and prevention of driving while under the influence of alcohol, 
4
other drug or drugs, intoxicating compound or compounds or any 
5
combination thereof, as defined by this Section, including but 
6
not limited to the
to purchase of law enforcement equipment and 
7
commodities to assist in the prevention of
alcohol related 
8
criminal violence throughout the State; police officer 
9
training and education in areas related to alcohol related 
10
crime, including but not limited to DUI training; and police 
11
officer salaries, including but not limited to salaries for 
12
hire back funding for safety checkpoints, saturation patrols, 
13
and liquor store sting operations.


14
    (l) Whenever an individual is sentenced for an offense 
15
based upon an
arrest for a violation of subsection (a) or a 
16
similar provision of a local
ordinance, and the professional 
17
evaluation recommends remedial or
rehabilitative treatment or 
18
education, neither the treatment nor the education
shall be the 
19
sole disposition and either or both may be imposed only in

20
conjunction with another disposition. The court shall monitor 
21
compliance with
any remedial education or treatment 
22
recommendations contained in the
professional evaluation. 
23
Programs conducting alcohol or other drug evaluation
or 
24
remedial education must be licensed by the Department of Human 
25
Services. If
the individual is not a resident of Illinois, 
26
however, the court may accept an
alcohol or other drug 
27
evaluation or remedial education program in the
individual's 
28
state of residence.  Programs providing treatment must be 
29
licensed
under existing applicable alcoholism and drug 
30
treatment licensure standards.

31
    (m) In addition to any other fine or penalty required by 
32
law, an individual
convicted of a violation of subsection (a), 
33
Section 5-7 of the Snowmobile
Registration and Safety Act, 
34
Section 5-16 of the Boat Registration and Safety
Act, or a 
 


 






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1
similar provision, whose operation of a motor vehicle, 
2
snowmobile, or
watercraft while in
violation of subsection (a), 
3
Section 5-7 of the Snowmobile Registration and
Safety Act, 
4
Section 5-16 of the Boat Registration and Safety Act, or a 
5
similar
provision proximately caused an incident resulting in 
6
an appropriate emergency
response, shall be required to make 
7
restitution to a public agency for the
costs of that emergency 
8
response. The restitution may not exceed $1,000 per
public 
9
agency for each emergency response. As used in this subsection 
10
(m),
"emergency response" means any incident requiring a 
11
response by a police
officer, a firefighter carried on the 
12
rolls of a regularly constituted fire
department, or an 
13
ambulance.


14
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
15
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
16
93-840, eff. 7-30-04; 94-116, eff. 1-1-06.)

 
17
    (Text of Section from P.A. 94-329)
18
    Sec. 11-501. Driving while under the influence of alcohol, 
19
other drug or
drugs, intoxicating compound or compounds or any 
20
combination thereof.


21
    (a) A person shall not drive or be in actual
physical 
22
control of any vehicle within this State while:


23
        (1) the alcohol concentration in the person's blood or 
24
    breath is 0.08
or more based on the definition of blood and 
25
    breath units in Section 11-501.2;


26
        (2) under the influence of alcohol;


27
        (3) under the influence of any intoxicating compound or 
28
    combination of
intoxicating compounds to a degree that 
29
    renders the person incapable of
driving safely;


30
        (4) under the influence of any other drug or 
31
    combination of drugs to a
degree that renders the person 
32
    incapable of safely driving;


33
        (5) under the combined influence of alcohol, other drug 
 


 






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1
    or drugs, or
intoxicating compound or compounds to a degree 
2
    that renders the person
incapable of safely driving; or


3
        (6) there is any amount of a drug, substance, or 
4
    compound in the
person's breath, blood, or urine resulting 
5
    from the unlawful use or consumption
of cannabis listed in 
6
    the Cannabis Control Act, a controlled substance listed
in 
7
    the Illinois Controlled Substances Act, or an intoxicating 
8
    compound listed
in the Use of Intoxicating Compounds Act.


9
    (b) The fact that any person charged with violating this 
10
Section is or
has been legally entitled to use alcohol, other 
11
drug or drugs, or
intoxicating compound or compounds, or any

12
combination thereof,  shall not constitute a defense against any 
13
charge of
violating this Section.


14
    (b-1) With regard to penalties imposed under this Section:

15
        (1) Any reference to a prior violation of subsection 
16
    (a) or a similar
provision includes any violation of a 
17
    provision of a local ordinance or a
provision of a law of 
18
    another state that is similar to a violation of
subsection 
19
    (a) of this Section.

20
        (2) Any penalty imposed for driving with a license that 
21
    has been revoked
for a previous violation of subsection (a) 
22
    of this Section shall be in
addition to the penalty imposed 
23
    for any subsequent violation of subsection (a).

24
    (b-2) Except as otherwise provided in this Section, any 
25
person convicted of
violating subsection (a) of this Section is 
26
guilty of a Class A misdemeanor.

27
    (b-3) In addition to any other criminal or administrative 
28
sanction for any
second conviction of violating subsection (a) 
29
or a similar provision committed
within 5 years of a previous 
30
violation of subsection (a) or a similar
provision, the 
31
defendant shall be sentenced to a mandatory minimum of 5 days 
32
of
imprisonment or assigned a mandatory minimum of 240 hours of 
33
community service
as may be determined by the court.

34
    (b-4) In the case of a third or subsequent violation 
 


 






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1
committed within 5
years of a previous violation of subsection 
2
(a) or a similar provision, in
addition to any other criminal 
3
or administrative sanction, a mandatory minimum
term of either 
4
10 days of imprisonment or 480 hours of community service shall

5
be imposed.

6
    (b-5) The imprisonment or assignment of community service 
7
under subsections
(b-3) and (b-4) shall not be subject to 
8
suspension, nor shall the person be
eligible for a reduced 
9
sentence.


10
    (c) (Blank).



11
    (c-1) (1) A person who violates subsection (a)

during
a 
12
    period in which his
or her driving privileges are revoked 
13
    or suspended, where the revocation or
suspension was for a 
14
    violation of subsection (a), Section
11-501.1, paragraph 
15
    (b)
of Section 11-401, or for reckless homicide as defined 
16
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
17
    aggravated driving under the influence of alcohol, other 
18
    drug or drugs, intoxicating compound or compounds, or any 
19
    combination thereof and is guilty of a
Class 4 felony.


20
        (2) A person who violates subsection (a) a third
time, 
21
    if the third violation occurs during a period in
which his 
22
    or her driving privileges are revoked or suspended where 
23
    the
revocation
or suspension was for a violation of 
24
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
25
    11-401, or for reckless homicide as defined in Section 9-3

26
    of the Criminal Code of 1961, is guilty of aggravated 
27
    driving under the influence of alcohol, other drug or 
28
    drugs, intoxicating compound or compounds, or any 
29
    combination thereof and is guilty of
a Class 3 felony.
30
        (2.1) A person who violates subsection (a) a third 
31
    time, if the third
violation occurs during a period in 
32
    which his or her driving privileges are
revoked or 
33
    suspended where the revocation or suspension was for a 
34
    violation of
subsection (a), Section 11-501.1, subsection 
 


 






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1
    (b) of Section 11-401, or for
reckless homicide as defined 
2
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
3
    aggravated driving under the influence of alcohol, other 
4
    drug or drugs, intoxicating compound or compounds, or any 
5
    combination thereof and is guilty of a Class 3 felony; and 
6
    if the
person receives a term of
probation or conditional 
7
    discharge, he or she shall be required to serve a
mandatory

8
    minimum of 10 days of imprisonment or shall be assigned a 
9
    mandatory minimum of
480 hours of community service, as may 
10
    be determined by the court, as a
condition of the probation 
11
    or conditional discharge. This mandatory minimum
term of 
12
    imprisonment or assignment of community service shall not 
13
    be suspended
or reduced by the court.

14
        (2.2) A person who violates subsection (a), if the

15
    violation occurs during a period in which his or her 
16
    driving privileges are
revoked or suspended where the 
17
    revocation or suspension was for a violation of
subsection 
18
    (a) or Section 11-501.1, is guilty of aggravated driving 
19
    under the influence of alcohol, other drug or drugs, 
20
    intoxicating compound or compounds, or any combination 
21
    thereof and shall also be sentenced to an additional

22
    mandatory minimum term of 30 consecutive days of 
23
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
24
    720 hours of community service, as may be
determined by the 
25
    court.  This mandatory term of imprisonment or assignment of

26
    community service shall  not be suspended or reduced by the 
27
    court.


28
        (3) A person who violates subsection (a) a fourth or

29
    subsequent time, if the fourth or subsequent violation 
30
    occurs
during a period in which his
or her driving 
31
    privileges are revoked or suspended where the revocation
or 
32
    suspension was for a violation of subsection (a),
Section 
33
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
34
    homicide as defined in
Section 9-3
of
the Criminal Code of 
 


 






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1
    1961, is guilty of aggravated driving under the influence 
2
    of alcohol, other drug or drugs, intoxicating compound or 
3
    compounds, or any combination thereof and is guilty of
a 
4
    Class 2 felony, and is not eligible for a sentence of 
5
    probation or
conditional discharge.


6
    (c-2) (Blank).


7
    (c-3) (Blank).



8
    (c-4) (Blank).

9
    (c-5) A person who violates subsection (a), if the person 
10
was transporting
a person under the age of 16 at the time of 
11
the violation, is subject to an
additional mandatory minimum 
12
fine of $1,000, an additional mandatory minimum
140 hours of 
13
community service, which shall include 40 hours of community

14
service in a program benefiting children, and an additional 2 
15
days of
imprisonment. The imprisonment or assignment of 
16
community service under this
subsection (c-5) is not subject to 
17
suspension, nor is the person eligible for
a reduced sentence.

18
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
19
person who
violates
subsection (a) a second time, if at the 
20
time of
the second violation the person was transporting a 
21
person under the age of 16,
is subject to an additional 10 days 
22
of imprisonment, an additional mandatory
minimum fine of 
23
$1,000, and an additional mandatory minimum 140 hours of

24
community service, which shall include 40 hours of community 
25
service in a
program benefiting children.
The imprisonment or 
26
assignment of community service under this subsection (c-6)
is 
27
not subject to suspension, nor is the person eligible for a 
28
reduced
sentence.

29
    (c-7) Except as provided in subsection (c-8), any person 
30
convicted of
violating subsection (c-6) or a similar
provision 
31
within 10 years of a previous violation of subsection (a) or a

32
similar provision shall receive, in addition to any other 
33
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
34
additional 40 hours of mandatory
community service in a program 
 


 






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1
benefiting children, and a mandatory minimum
fine of $1,750. 
2
The imprisonment or assignment of community service under this

3
subsection (c-7) is not subject to suspension, nor is the 
4
person
eligible for a reduced sentence.

5
    (c-8) Any person convicted of violating subsection (c-6) or 
6
a similar
provision within 5 years of a previous violation of 
7
subsection (a) or a similar
provision shall receive, in 
8
addition to any other penalty imposed, an
additional 80 hours 
9
of mandatory community service in a program benefiting

10
children, an additional mandatory minimum 12 days of 
11
imprisonment, and a
mandatory minimum fine of $1,750. The 
12
imprisonment or assignment of community
service under this 
13
subsection (c-8) is not subject to suspension, nor
is the

14
person eligible for a reduced sentence.

15
    (c-9) Any person convicted a third time for violating 
16
subsection (a) or a
similar provision, if at the time of the 
17
third violation the person was
transporting a person under the 
18
age of 16, is guilty of a Class 4 felony and shall
receive, in 
19
addition to any other
penalty imposed, an additional mandatory 
20
fine of $1,000, an additional
mandatory 140 hours of community 
21
service, which shall include 40 hours in a
program benefiting 
22
children, and a mandatory minimum 30 days of imprisonment.
The 
23
imprisonment or assignment of community service under this 
24
subsection (c-9)
is not subject to suspension, nor is the 
25
person eligible for a reduced
sentence.

26
    (c-10) Any person convicted of violating subsection (c-9) 
27
or a similar
provision a third time within 20 years of a 
28
previous violation of subsection
(a) or a
similar provision is 
29
guilty of a Class 4 felony and shall receive, in addition
to 
30
any other penalty imposed, an additional mandatory 40 hours of 
31
community
service in a program benefiting children, an 
32
additional mandatory fine of

$3,000, and a mandatory minimum 
33
120 days of imprisonment. The imprisonment or
assignment of 
34
community service under this subsection (c-10) is not subject 
 


 






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1
to
suspension, nor is the person eligible for a reduced 
2
sentence.

3
    (c-11) Any person convicted a fourth or subsequent time for 
4
violating
subsection (a) or a similar provision, if at the time 
5
of the fourth or
subsequent violation the person was 
6
transporting a person under the age of 16,
and if the person's 
7
3 prior violations of subsection (a) or a similar provision

8
occurred while transporting a person under the age of 16 or 
9
while the alcohol
concentration in his or her blood, breath, or 
10
urine was 0.16 or more based
on the definition of blood, 
11
breath, or urine units in Section 11-501.2, is
guilty of a 
12
Class 2 felony, is not eligible for probation or conditional

13
discharge, and is subject to a minimum fine of $3,000.

14
    (c-12) Any person convicted of a first violation of 
15
subsection (a) or a
similar provision, if the alcohol 
16
concentration in his or her blood, breath, or
urine was 0.16 or 
17
more based on the definition of blood, breath, or urine
units 
18
in Section 11-501.2, shall be subject, in addition to any other 
19
penalty
that may be imposed, to a mandatory minimum of 100 
20
hours of community service
and a mandatory minimum fine of 
21
$500.

22
    (c-13) Any person convicted of a second violation of 
23
subsection (a) or a similar provision committed within 10 years 
24
of a previous violation of subsection (a) or a similar 
25
provision committed within 10 years of a previous violation of 
26
subsection (a) or a similar provision, if at the time of the 
27
second violation of subsection (a) the
alcohol concentration in 
28
his or her blood, breath, or urine was 0.16 or more
based on 
29
the definition of blood, breath, or urine units in Section 
30
11-501.2,
shall be
subject, in addition to any other penalty 
31
that may be imposed, to a mandatory
minimum of 2 days of 
32
imprisonment and a mandatory minimum fine of $1,250.

33
    (c-14) Any person convicted of a third violation of 
34
subsection (a) or a
similar provision within 20 years of a 
 


 






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1
previous violation of subsection (a) or
a
similar provision, if 
2
at the time of the third violation of subsection (a) or a

3
similar provision the alcohol concentration in his or her 
4
blood, breath, or
urine was 0.16 or more based on the 
5
definition of blood, breath, or urine units
in Section 
6
11-501.2, is guilty of a Class 4 felony and shall be subject, 
7
in
addition to any other penalty that may be imposed, to a 
8
mandatory minimum of
90 days of imprisonment and a mandatory 
9
minimum fine of $2,500.

10
    (c-15) Any person convicted of a fourth or subsequent 
11
violation of
subsection
(a) or a similar provision, if at the 
12
time of the fourth or subsequent
violation the alcohol 
13
concentration in his or her blood, breath, or urine was
0.16 or 
14
more based on the definition of blood, breath, or urine units 
15
in
Section 11-501.2, and if the person's 3 prior violations of 
16
subsection (a) or a
similar provision occurred while 
17
transporting a person under the age of 16 or
while the alcohol 
18
concentration in his or her blood, breath, or urine was 0.16
or 
19
more based on the definition of blood, breath, or urine units 
20
in Section
11-501.2, is guilty of a Class 2 felony and is not 
21
eligible for a sentence of
probation or conditional discharge 
22
and is subject to a minimum fine of
$2,500.


23
    (d) (1) Every person convicted of committing a violation of 
24
    this Section
shall be guilty of aggravated driving under 
25
    the influence of alcohol,
other drug or drugs, or 
26
    intoxicating compound or compounds, or any combination

27
    thereof if:


28
            (A) the person committed a violation of subsection 
29
        (a) or a similar
provision for the
third or subsequent 
30
        time;


31
            (B) the person committed a violation of subsection 
32
        (a)
while
driving a school bus with persons 18 years of 
33
        age or younger

on board;


34
            (C) the person in committing a violation of 
 


 






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1
        subsection
(a) was
involved in a motor vehicle accident 
2
        that resulted in great bodily harm or
permanent 
3
        disability or disfigurement to another, when the 
4
        violation was
a proximate cause of the injuries;


5
            (D) the person committed a violation of subsection 
6
        (a)
for a
second time and has been previously convicted 
7
        of violating Section 9-3 of the
Criminal Code of 1961 
8
        or a similar provision of a law of another state 
9
        relating to reckless homicide in which the person was

10
        determined to have been under the influence of alcohol, 
11
        other drug or
drugs, or intoxicating compound or 
12
        compounds as an element of the offense or
the person 
13
        has previously been convicted
under subparagraph (C) 
14
        or subparagraph (F) of this paragraph (1);


15
            (E) the person, in committing a violation of 
16
        subsection (a) while
driving at any speed in a school 
17
        speed zone at a time when a speed limit of
20 miles per 
18
        hour was in effect under subsection (a) of Section 
19
        11-605 of
this Code, was involved in a motor vehicle 
20
        accident that resulted in bodily
harm, other than great 
21
        bodily harm or permanent disability or disfigurement,

22
        to another person, when the violation of subsection (a) 
23
        was a
proximate cause
of the bodily harm; or


24
            (F) the person, in committing a violation of 
25
        subsection (a), was
involved in a motor vehicle, 
26
        snowmobile, all-terrain vehicle, or watercraft

27
        accident that resulted in
the death of another person, 
28
        when the violation of subsection
(a) was
a proximate 
29
        cause of the death;


30
            (G) the person committed the violation while he or 
31
        she did not possess a driver's license or permit or a 
32
        restricted driving permit or a judicial driving 
33
        permit; or

34
            (H) the person committed the violation while he or 
 


 






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1
        she knew or should have known that the vehicle he or 
2
        she was driving was not covered by a liability 
3
        insurance policy.

4
        (2) Except as provided in this paragraph (2) and in 
5
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
6
    person convicted of
aggravated driving under
the
influence 
7
    of alcohol, other drug or
drugs,
or intoxicating compound 
8
    or compounds, or any
combination thereof is guilty of a 
9
    Class 4 felony.  For a violation of
subparagraph (C)
of

10
    paragraph (1) of this subsection (d), the defendant, if 
11
    sentenced to a term
of imprisonment, shall be sentenced
to 
12
    not less than
one year nor more than 12 years.
Aggravated 
13
    driving under the influence of alcohol, other drug or 
14
    drugs,
or intoxicating compound or compounds, or any 
15
    combination thereof as
defined in subparagraph (F) of 
16
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
17
    for which the defendant, if sentenced to a term of

18
    imprisonment, shall be sentenced to: (A) a
term of 
19
    imprisonment of not less than 3 years and not more
than 14 
20
    years if the violation resulted in the death of one person; 
21
    or
(B) a term of imprisonment of not less than 6 years and 
22
    not
more than 28 years if the violation resulted in the 
23
    deaths of 2 or more
persons.
For any prosecution under this 
24
    subsection
(d), a certified copy of the
driving abstract of 
25
    the defendant shall be admitted as proof of any prior

26
    conviction.
Any person sentenced under this subsection (d) 
27
    who receives a term of
probation
or conditional discharge 
28
    must serve a minimum term of either 480 hours of
community 
29
    service or 10 days of imprisonment as a condition of the 
30
    probation or
conditional discharge. This mandatory minimum 
31
    term of imprisonment or
assignment of community service may 
32
    not be suspended or reduced by the court.


33
    (e) After a finding of guilt and prior to any final 
34
sentencing, or an
order for supervision, for an offense based 
 


 






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1
upon an arrest for a
violation of this Section or a similar 
2
provision of a local ordinance,
individuals shall be required 
3
to undergo a professional evaluation to
determine if an 
4
alcohol, drug, or intoxicating compound abuse problem exists

5
and the
extent of the problem, and undergo the imposition of 
6
treatment as appropriate.
Programs conducting these 
7
evaluations shall be
licensed by the Department of Human 
8
Services.  The cost of any professional
evaluation shall be paid 
9
for by the
individual
required to undergo the professional 
10
evaluation.


11
    (e-1) Any person who is found guilty of or pleads guilty to 
12
violating this
Section, including any person receiving a 
13
disposition of court supervision for
violating this Section, 
14
may be required by the Court to attend a victim
impact panel 
15
offered by, or under contract with, a County State's Attorney's

16
office, a probation and court services department, Mothers 
17
Against Drunk
Driving,
or the Alliance Against Intoxicated 
18
Motorists.
All costs generated by
the victim impact panel shall 
19
be paid from fees collected from the
offender or as may be 
20
determined by the court.


21
    (f) Every person found guilty of violating this Section, 
22
whose
operation of a motor vehicle while in violation of this 
23
Section proximately
caused any incident resulting in an 
24
appropriate emergency response, shall
be liable for the expense 
25
of an emergency response as provided under
Section 5-5-3 of the 
26
Unified Code of Corrections.


27
    (g) The Secretary of State shall revoke the driving 
28
privileges of any
person convicted under this Section or a 
29
similar provision of a local
ordinance.


30
    (h) (Blank).



31
    (i) The Secretary of State shall require the use of 
32
ignition interlock
devices on all vehicles owned by an 
33
individual who has been convicted of a
second
or subsequent 
34
offense of this Section or a similar provision of a local

 


 






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1
ordinance.  The Secretary shall establish by rule and regulation 
2
the procedures
for certification and use of the interlock 
3
system.


4
    (j) In addition to any other penalties and liabilities, a 
5
person who is
found guilty of or pleads guilty to violating 
6
subsection (a), including any
person placed on court 
7
supervision for violating subsection (a), shall be fined
$500, 
8
payable to the
circuit clerk, who shall distribute the money as 
9
follows: 20% to the law enforcement agency
that made the arrest 
10
and 80% shall be forwarded to the State Treasurer for deposit 
11
into the General Revenue Fund.  If the person has been 
12
previously convicted of violating
subsection (a) or a similar 
13
provision of a local
ordinance, the fine shall be
$1,000.  In 
14
the event that more than one agency is responsible
for the 
15
arrest, the amount payable to law enforcement agencies  shall be 
16
shared equally.  Any moneys received
by a law
enforcement agency 
17
under this subsection (j) shall be used for enforcement and 
18
prevention of driving while under the influence of alcohol, 
19
other drug or drugs, intoxicating compound or compounds or any 
20
combination thereof, as defined by this Section, including but 
21
not limited to the
to purchase of law
enforcement equipment and 
22
commodities that will assist in the prevention of alcohol 
23
related
criminal violence throughout the State; police officer 
24
training and education in areas related to alcohol related 
25
crime, including but not limited to DUI training; and police 
26
officer salaries, including but not limited to salaries for 
27
hire back funding for safety checkpoints, saturation patrols, 
28
and liquor store sting operations. Equipment and commodities .  
29
This shall include, but are
is not limited
to, in-car video 
30
cameras, radar and laser speed detection devices, and alcohol

31
breath testers.
Any moneys received by the Department of State 
32
Police under this subsection
(j) shall be deposited into the 
33
State Police DUI Fund and shall be used for enforcement and 
34
prevention of driving while under the influence of alcohol, 
 


 






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1
other drug or drugs, intoxicating compound or compounds or any 
2
combination thereof, as defined by this Section, including but 
3
not limited to the
to
purchase of law enforcement equipment and 
4
commodities that will assist in the prevention of
alcohol 
5
related criminal violence throughout the State; police officer 
6
training and education in areas related to alcohol related 
7
crime, including but not limited to DUI training; and police 
8
officer salaries, including but not limited to salaries for 
9
hire back funding for safety checkpoints, saturation patrols, 
10
and liquor store sting operations.


11
    (k) The Secretary of State Police DUI Fund is created as a 
12
special
fund in the State treasury. All moneys received by the 
13
Secretary of State
Police under subsection (j) of this Section 
14
shall be deposited into the
Secretary of State Police DUI Fund 
15
and, subject to appropriation, shall be
used for enforcement 
16
and prevention of driving while under the influence of alcohol, 
17
other drug or drugs, intoxicating compound or compounds or any 
18
combination thereof, as defined by this Section, including but 
19
not limited to the
to purchase of law enforcement equipment and 
20
commodities to assist in the prevention of
alcohol related 
21
criminal violence throughout the State; police officer 
22
training and education in areas related to alcohol related 
23
crime, including but not limited to DUI training; and police 
24
officer salaries, including but not limited to salaries for 
25
hire back funding for safety checkpoints, saturation patrols, 
26
and liquor store sting operations.


27
    (l) Whenever an individual is sentenced for an offense 
28
based upon an
arrest for a violation of subsection (a) or a 
29
similar provision of a local
ordinance, and the professional 
30
evaluation recommends remedial or
rehabilitative treatment or 
31
education, neither the treatment nor the education
shall be the 
32
sole disposition and either or both may be imposed only in

33
conjunction with another disposition. The court shall monitor 
34
compliance with
any remedial education or treatment 
 


 






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1
recommendations contained in the
professional evaluation. 
2
Programs conducting alcohol or other drug evaluation
or 
3
remedial education must be licensed by the Department of Human 
4
Services. If
the individual is not a resident of Illinois, 
5
however, the court may accept an
alcohol or other drug 
6
evaluation or remedial education program in the
individual's 
7
state of residence.  Programs providing treatment must be 
8
licensed
under existing applicable alcoholism and drug 
9
treatment licensure standards.

10
    (m) In addition to any other fine or penalty required by 
11
law, an individual
convicted of a violation of subsection (a), 
12
Section 5-7 of the Snowmobile
Registration and Safety Act, 
13
Section 5-16 of the Boat Registration and Safety
Act, or a 
14
similar provision, whose operation of a motor vehicle, 
15
snowmobile, or
watercraft while in
violation of subsection (a), 
16
Section 5-7 of the Snowmobile Registration and
Safety Act, 
17
Section 5-16 of the Boat Registration and Safety Act, or a 
18
similar
provision proximately caused an incident resulting in 
19
an appropriate emergency
response, shall be required to make 
20
restitution to a public agency for the
costs of that emergency 
21
response. The restitution may not exceed $1,000 per
public 
22
agency for each emergency response. As used in this subsection 
23
(m),
"emergency response" means any incident requiring a 
24
response by a police
officer, a firefighter carried on the 
25
rolls of a regularly constituted fire
department, or an 
26
ambulance.


27
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
28
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
29
93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)


 
30
    Section 99. Effective date. This Act takes effect upon 
31
becoming law.".