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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 10. The Illinois Vehicle Code is amended by | ||||||||||||||||||||||||
5 | changing Sections 6-205, 6-206, 6-206.2, 6-208, and 11-501 and | ||||||||||||||||||||||||
6 | adding Sections 1-209.2 and 1-209.3 as follows: | ||||||||||||||||||||||||
7 | (625 ILCS 5/1-209.2 new) | ||||||||||||||||||||||||
8 | Sec. 1-209.2. Transdermal alcohol measurement. The | ||||||||||||||||||||||||
9 | detection and
determination of the ethanol alcohol content in a | ||||||||||||||||||||||||
10 | person's blood by using a
transdermal alcohol monitoring | ||||||||||||||||||||||||
11 | device, as defined in Section 1-209.3, that is in close and | ||||||||||||||||||||||||
12 | constant contact with the skin. | ||||||||||||||||||||||||
13 | (625 ILCS 5/1-209.3 new) | ||||||||||||||||||||||||
14 | Sec. 1-209.3. Transdermal alcohol monitoring device. An | ||||||||||||||||||||||||
15 | external
and noninvasive device approved by the Secretary of | ||||||||||||||||||||||||
16 | State that: | ||||||||||||||||||||||||
17 | (1) is worn by a person 24 hours a day; | ||||||||||||||||||||||||
18 | (2) provides at least one transdermal alcohol | ||||||||||||||||||||||||
19 | measurement during each one-hour period; and | ||||||||||||||||||||||||
20 | (3) transmits the transdermal alcohol measurements at | ||||||||||||||||||||||||
21 | least one time in a period of 24 hours.
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
2 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
3 | Hardship cases.
| ||||||
4 | (a) Except as provided in this Section, the Secretary of | ||||||
5 | State shall
immediately revoke the license, permit, or driving | ||||||
6 | privileges of
any driver upon receiving a
report of the | ||||||
7 | driver's conviction of any of the following offenses:
| ||||||
8 | 1. Reckless homicide resulting from the operation of a | ||||||
9 | motor vehicle;
| ||||||
10 | 2. Violation of Section 11-501 of this Code or a | ||||||
11 | similar provision of
a local ordinance relating to the | ||||||
12 | offense of operating or being in physical
control of a | ||||||
13 | vehicle while under the influence of alcohol, other drug or
| ||||||
14 | drugs, intoxicating compound or compounds, or any | ||||||
15 | combination thereof;
| ||||||
16 | 3. Any felony under the laws of any State or the | ||||||
17 | federal government
in the commission of which a motor | ||||||
18 | vehicle was used;
| ||||||
19 | 4. Violation of Section 11-401 of this Code relating to | ||||||
20 | the offense of
leaving the scene of a traffic accident | ||||||
21 | involving death or personal injury;
| ||||||
22 | 5. Perjury or the making of a false affidavit or | ||||||
23 | statement under
oath to the Secretary of State under this | ||||||
24 | Code or under any
other law relating to the ownership or | ||||||
25 | operation of motor vehicles;
| ||||||
26 | 6. Conviction upon 3 charges of violation of Section |
| |||||||
| |||||||
1 | 11-503 of this
Code relating to the offense of reckless | ||||||
2 | driving committed within a
period of 12 months;
| ||||||
3 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
4 | of this Code;
| ||||||
5 | 8. Violation of Section 11-504 of this Code relating to | ||||||
6 | the offense
of drag racing;
| ||||||
7 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
8 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
9 | 1961 arising from
the use of a motor vehicle;
| ||||||
10 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
11 | to aggravated
fleeing or attempting to elude a peace | ||||||
12 | officer;
| ||||||
13 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
14 | Section 6-507,
or a similar law of any other state, | ||||||
15 | relating to the
unlawful operation of a commercial motor | ||||||
16 | vehicle;
| ||||||
17 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
18 | this Code or a
similar provision of a local ordinance if | ||||||
19 | the driver has been previously
convicted of a violation of | ||||||
20 | that Section or a similar provision of a local
ordinance | ||||||
21 | and the driver was less than 21 years of age at the time of | ||||||
22 | the
offense.
| ||||||
23 | (b) The Secretary of State shall also immediately revoke | ||||||
24 | the license
or permit of any driver in the following | ||||||
25 | situations:
| ||||||
26 | 1. Of any minor upon receiving the notice provided for |
| |||||||
| |||||||
1 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
2 | minor has been
adjudicated under that Act as having | ||||||
3 | committed an offense relating to
motor vehicles prescribed | ||||||
4 | in Section 4-103 of this Code;
| ||||||
5 | 2. Of any person when any other law of this State | ||||||
6 | requires either the
revocation or suspension of a license | ||||||
7 | or permit.
| ||||||
8 | (c) Whenever a person is convicted of any of the offenses | ||||||
9 | enumerated in
this Section , except for violations of | ||||||
10 | subdivision (a)(1), (a)(2), or (a)(5) of Section 11-501 , the | ||||||
11 | court may recommend and the Secretary of State in his
| ||||||
12 | discretion, without regard to whether the recommendation is | ||||||
13 | made by the
court may, upon application,
issue to the person a
| ||||||
14 | restricted driving permit granting the privilege of driving a | ||||||
15 | motor
vehicle between the petitioner's residence and | ||||||
16 | petitioner's place
of employment or within the scope of the | ||||||
17 | petitioner's employment related
duties, or to allow | ||||||
18 | transportation for the petitioner or a household member
of the | ||||||
19 | petitioner's family for the receipt of necessary medical care | ||||||
20 | or, if
the professional evaluation indicates, provide | ||||||
21 | transportation for the
petitioner for alcohol remedial or | ||||||
22 | rehabilitative activity, or for the
petitioner to attend | ||||||
23 | classes, as a student, in an accredited educational
| ||||||
24 | institution; if the petitioner is able to demonstrate that no | ||||||
25 | alternative means
of transportation is reasonably available | ||||||
26 | and the petitioner will not endanger
the public safety or |
| |||||||
| |||||||
1 | welfare; provided that the Secretary's discretion shall be
| ||||||
2 | limited to cases where undue hardship would result from a | ||||||
3 | failure to issue the
restricted driving permit.
| ||||||
4 | If a person's license or permit has been revoked or | ||||||
5 | suspended due to 2 or
more convictions of violating Section | ||||||
6 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
7 | or a similar out-of-state offense, arising out
of separate | ||||||
8 | occurrences, that person, if issued a restricted driving | ||||||
9 | permit,
may not operate a vehicle unless it has been equipped | ||||||
10 | with an ignition
interlock device as defined in Section | ||||||
11 | 1-129.1.
| ||||||
12 | If a person's license or permit has been revoked or | ||||||
13 | suspended 2 or more
times within a 10 year period due to a | ||||||
14 | single conviction of violating Section
11-501 of this Code or a | ||||||
15 | similar provision of a local ordinance or a similar
| ||||||
16 | out-of-state offense, and a statutory summary suspension under | ||||||
17 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
18 | or combination of 2
offenses, or of an offense and a statutory | ||||||
19 | summary suspension, arising out of
separate occurrences, that | ||||||
20 | person, if issued a restricted
driving permit, may not operate | ||||||
21 | a vehicle unless it has been equipped with an
ignition | ||||||
22 | interlock device as defined in Section 1-129.1.
The person must | ||||||
23 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
24 | not to exceed $20 per month. The Secretary shall establish by | ||||||
25 | rule the amount
and the procedures, terms, and conditions | ||||||
26 | relating to these fees.
If the restricted driving permit was |
| |||||||
| |||||||
1 | issued for employment purposes, then
this provision does not | ||||||
2 | apply to the operation of an occupational vehicle
owned or | ||||||
3 | leased by that person's employer.
In each case the Secretary of | ||||||
4 | State may issue a
restricted driving permit for a period he | ||||||
5 | deems appropriate, except that the
permit shall expire within | ||||||
6 | one year from the date of issuance. The Secretary
may not, | ||||||
7 | however, issue a restricted driving permit to any person whose | ||||||
8 | current
revocation is the result of a second or subsequent | ||||||
9 | conviction for a violation
of Section 11-501 of this Code or a | ||||||
10 | similar provision of a local ordinance
relating to the offense | ||||||
11 | of operating or being in physical control of a motor
vehicle | ||||||
12 | while under the influence of alcohol, other drug or drugs, | ||||||
13 | intoxicating
compound or compounds, or any similar | ||||||
14 | out-of-state offense, or any combination
thereof, until the | ||||||
15 | expiration of at least one year from the date of the
| ||||||
16 | revocation. A restricted
driving permit issued under this | ||||||
17 | Section shall be
subject to cancellation, revocation, and | ||||||
18 | suspension by the Secretary of
State in like manner and for | ||||||
19 | like cause as a driver's license issued
under this Code may be | ||||||
20 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
21 | one or more offenses against laws or
ordinances regulating the | ||||||
22 | movement of traffic shall be deemed sufficient cause
for the | ||||||
23 | revocation, suspension, or cancellation of a restricted | ||||||
24 | driving permit.
The Secretary of State may, as a condition to | ||||||
25 | the issuance of a restricted
driving permit, require the | ||||||
26 | applicant to participate in a designated driver
remedial or |
| |||||||
| |||||||
1 | rehabilitative program. The Secretary of State is authorized to
| ||||||
2 | cancel a restricted driving permit if the permit holder does | ||||||
3 | not successfully
complete the program. However, if an | ||||||
4 | individual's driving privileges have been
revoked in | ||||||
5 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
6 | no
restricted driving permit shall be issued until the | ||||||
7 | individual has served 6
months of the revocation period.
| ||||||
8 | (d) (Blank).
Whenever a person under the age of 21 is | ||||||
9 | convicted under Section
11-501 of this Code or a similar | ||||||
10 | provision of a local ordinance, the
Secretary of State shall | ||||||
11 | revoke the driving privileges of that person. One
year after | ||||||
12 | the date of revocation, and upon application, the Secretary of
| ||||||
13 | State may, if satisfied that the person applying will not | ||||||
14 | endanger the
public safety or welfare, issue a restricted | ||||||
15 | driving permit granting the
privilege of driving a motor | ||||||
16 | vehicle only between the hours of 5 a.m. and 9
p.m. or as | ||||||
17 | otherwise provided by this Section for a period of one year.
| ||||||
18 | After this one year period, and upon reapplication for a | ||||||
19 | license as
provided in Section 6-106, upon payment of the | ||||||
20 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
21 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
22 | issue the applicant a
license, or extend the restricted driving | ||||||
23 | permit as many times as the
Secretary of State deems | ||||||
24 | appropriate, by additional periods of not more than
12 months | ||||||
25 | each, until the applicant attains 21 years of age.
| ||||||
26 | If a person's license or permit has been revoked or |
| |||||||
| |||||||
1 | suspended due to 2 or
more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
3 | or a similar out-of-state offense, arising out
of separate | ||||||
4 | occurrences, that person, if issued a restricted driving | ||||||
5 | permit,
may not operate a vehicle unless it has been equipped | ||||||
6 | with an ignition
interlock device as defined in Section | ||||||
7 | 1-129.1.
| ||||||
8 | If a person's license or permit has been revoked or | ||||||
9 | suspended 2 or more times
within a 10 year period due to a | ||||||
10 | single conviction of violating Section 11-501
of this
Code or a | ||||||
11 | similar provision of a local ordinance or a similar | ||||||
12 | out-of-state
offense, and
a statutory summary suspension under | ||||||
13 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
14 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
15 | summary
suspension, arising out of separate occurrences, that | ||||||
16 | person, if issued a
restricted
driving permit, may not operate | ||||||
17 | a vehicle unless it has been equipped with an
ignition | ||||||
18 | interlock device as defined in Section 1-129.1.
The person must | ||||||
19 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
20 | not to exceed $20 per month. The Secretary shall establish by | ||||||
21 | rule the amount
and the procedures, terms, and conditions | ||||||
22 | relating to these fees.
If the restricted driving permit was | ||||||
23 | issued for employment purposes, then
this provision does not | ||||||
24 | apply to the operation of an occupational vehicle
owned or | ||||||
25 | leased by that person's employer. A
restricted driving permit | ||||||
26 | issued under this Section shall be subject to
cancellation, |
| |||||||
| |||||||
1 | revocation, and suspension by the Secretary of State in like
| ||||||
2 | manner and for like cause as a driver's license issued under | ||||||
3 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
4 | a conviction upon one or more
offenses against laws or | ||||||
5 | ordinances regulating the movement of traffic
shall be deemed | ||||||
6 | sufficient cause for the revocation, suspension, or
| ||||||
7 | cancellation of a restricted driving permit.
The revocation | ||||||
8 | periods contained in this subparagraph shall apply to similar
| ||||||
9 | out-of-state convictions.
| ||||||
10 | (d-5) Whenever a person is convicted of violating | ||||||
11 | subdivision (a)(1), (a)(2), or (a)(5) of Section 11-501, the | ||||||
12 | Secretary of
State shall issue a restricted driving permit to | ||||||
13 | that person. This permit is contingent upon the installation of
| ||||||
14 | an ignition interlock device or, when applicable, the use of a | ||||||
15 | transdermal alcohol monitoring device, and shall remain in | ||||||
16 | effect until the person's driver's license has been reinstated.
| ||||||
17 | Removal of an ignition interlock device before the person's | ||||||
18 | driver's license has been reinstated or tampering with an | ||||||
19 | ignition interlock device shall result in immediate | ||||||
20 | cancellation of the restricted driving permit and criminal | ||||||
21 | penalties, as provided in subsections (i-1) and (i-2) of | ||||||
22 | Section 11-501.
| ||||||
23 | (e) This Section is subject to the provisions of the Driver | ||||||
24 | License
Compact.
| ||||||
25 | (f) Any revocation imposed upon any person under | ||||||
26 | subsections 2
and 3 of paragraph (b) that is in effect on |
| |||||||
| |||||||
1 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
2 | period of time.
| ||||||
3 | (g) The Secretary of State shall not issue a restricted | ||||||
4 | driving permit to
a person under the age of 16 years whose | ||||||
5 | driving privileges have been revoked
under any provisions of | ||||||
6 | this Code.
| ||||||
7 | (h) The Secretary of State shall require the use of | ||||||
8 | ignition interlock
devices on all vehicles owned by an | ||||||
9 | individual who has been convicted of an
a
second or subsequent
| ||||||
10 | offense under Section 11-501 of this Code or a similar
| ||||||
11 | provision of a local ordinance. The Secretary shall establish | ||||||
12 | by rule and
regulation the procedures for certification and use | ||||||
13 | of the interlock
system.
| ||||||
14 | (i) The Secretary of State may not issue a restricted | ||||||
15 | driving permit for
a period of one year after a second or | ||||||
16 | subsequent revocation of driving
privileges under clause | ||||||
17 | (a)(2) of this Section; however, one
year after the date of a | ||||||
18 | second or subsequent revocation of driving privileges
under | ||||||
19 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
20 | application, issue a restricted driving permit under the terms | ||||||
21 | and
conditions of subsection (c).
| ||||||
22 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
23 | State may not issue a restricted driving permit for the | ||||||
24 | operation of a commercial motor vehicle to a person holding a | ||||||
25 | CDL whose driving privileges have been revoked under any | ||||||
26 | provisions of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
2 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
3 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
4 | license or
permit; Right to a hearing.
| ||||||
5 | (a) The Secretary of State is authorized to suspend or | ||||||
6 | revoke the
driving privileges of any person without preliminary | ||||||
7 | hearing upon a showing
of the person's records or other | ||||||
8 | sufficient evidence that
the person:
| ||||||
9 | 1. Has committed an offense for which mandatory | ||||||
10 | revocation of
a driver's license or permit is required upon | ||||||
11 | conviction;
| ||||||
12 | 2. Has been convicted of not less than 3 offenses | ||||||
13 | against traffic
regulations governing the movement of | ||||||
14 | vehicles committed within any 12
month period. No | ||||||
15 | revocation or suspension shall be entered more than
6 | ||||||
16 | months after the date of last conviction;
| ||||||
17 | 3. Has been repeatedly involved as a driver in motor | ||||||
18 | vehicle
collisions or has been repeatedly convicted of | ||||||
19 | offenses against laws and
ordinances regulating the | ||||||
20 | movement of traffic, to a degree that
indicates lack of | ||||||
21 | ability to exercise ordinary and reasonable care in
the | ||||||
22 | safe operation of a motor vehicle or disrespect for the | ||||||
23 | traffic laws
and the safety of other persons upon the | ||||||
24 | highway;
| ||||||
25 | 4. Has by the unlawful operation of a motor vehicle |
| |||||||
| |||||||
1 | caused or
contributed to an accident resulting in death or | ||||||
2 | injury requiring
immediate professional treatment in a | ||||||
3 | medical facility or doctor's office
to any person, except | ||||||
4 | that any suspension or revocation imposed by the
Secretary | ||||||
5 | of State under the provisions of this subsection shall | ||||||
6 | start no
later than 6 months after being convicted of | ||||||
7 | violating a law or
ordinance regulating the movement of | ||||||
8 | traffic, which violation is related
to the accident, or | ||||||
9 | shall start not more than one year
after
the date of the | ||||||
10 | accident, whichever date occurs later;
| ||||||
11 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
12 | driver's
license, identification card, or permit;
| ||||||
13 | 6. Has been lawfully convicted of an offense or | ||||||
14 | offenses in another
state, including the authorization | ||||||
15 | contained in Section 6-203.1, which
if committed within | ||||||
16 | this State would be grounds for suspension or revocation;
| ||||||
17 | 7. Has refused or failed to submit to an examination | ||||||
18 | provided for by
Section 6-207 or has failed to pass the | ||||||
19 | examination;
| ||||||
20 | 8. Is ineligible for a driver's license or permit under | ||||||
21 | the provisions
of Section 6-103;
| ||||||
22 | 9. Has made a false statement or knowingly concealed a | ||||||
23 | material fact
or has used false information or | ||||||
24 | identification in any application for a
license, | ||||||
25 | identification card, or permit;
| ||||||
26 | 10. Has possessed, displayed, or attempted to |
| |||||||
| |||||||
1 | fraudulently use any
license, identification card, or | ||||||
2 | permit not issued to the person;
| ||||||
3 | 11. Has operated a motor vehicle upon a highway of this | ||||||
4 | State when
the person's driving privilege or privilege to | ||||||
5 | obtain a driver's license
or permit was revoked or | ||||||
6 | suspended unless the operation was authorized by
a judicial | ||||||
7 | driving permit, probationary license to drive, or a | ||||||
8 | restricted
driving permit issued under this Code;
| ||||||
9 | 12. Has submitted to any portion of the application | ||||||
10 | process for
another person or has obtained the services of | ||||||
11 | another person to submit to
any portion of the application | ||||||
12 | process for the purpose of obtaining a
license, | ||||||
13 | identification card, or permit for some other person;
| ||||||
14 | 13. Has operated a motor vehicle upon a highway of this | ||||||
15 | State when
the person's driver's license or permit was | ||||||
16 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
17 | 14. Has committed a violation of Section 6-301, | ||||||
18 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
19 | of the Illinois Identification Card
Act;
| ||||||
20 | 15. Has been convicted of violating Section 21-2 of the | ||||||
21 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
22 | vehicles in which case, the suspension
shall be for one | ||||||
23 | year;
| ||||||
24 | 16. Has been convicted of violating Section 11-204 of | ||||||
25 | this Code relating
to fleeing from a peace officer;
| ||||||
26 | 17. Has refused to submit to a test, or tests, as |
| |||||||
| |||||||
1 | required under Section
11-501.1 of this Code and the person | ||||||
2 | has not sought a hearing as
provided for in Section | ||||||
3 | 11-501.1;
| ||||||
4 | 18. Has, since issuance of a driver's license or | ||||||
5 | permit, been adjudged
to be afflicted with or suffering | ||||||
6 | from any mental disability or disease;
| ||||||
7 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
8 | of Section 6-101
relating to driving without a driver's | ||||||
9 | license;
| ||||||
10 | 20. Has been convicted of violating Section 6-104 | ||||||
11 | relating to
classification of driver's license;
| ||||||
12 | 21. Has been convicted of violating Section 11-402 of
| ||||||
13 | this Code relating to leaving the scene of an accident | ||||||
14 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
15 | which case the suspension shall be
for one year;
| ||||||
16 | 22. Has used a motor vehicle in violating paragraph | ||||||
17 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
18 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
19 | weapons, in which case the suspension shall be for one
| ||||||
20 | year;
| ||||||
21 | 23. Has, as a driver, been convicted of committing a | ||||||
22 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
23 | for a second or subsequent
time within one year of a | ||||||
24 | similar violation;
| ||||||
25 | 24. Has been convicted by a court-martial or punished | ||||||
26 | by non-judicial
punishment by military authorities of the |
| |||||||
| |||||||
1 | United States at a military
installation in Illinois of or | ||||||
2 | for a traffic related offense that is the
same as or | ||||||
3 | similar to an offense specified under Section 6-205 or | ||||||
4 | 6-206 of
this Code;
| ||||||
5 | 25. Has permitted any form of identification to be used | ||||||
6 | by another in
the application process in order to obtain or | ||||||
7 | attempt to obtain a license,
identification card, or | ||||||
8 | permit;
| ||||||
9 | 26. Has altered or attempted to alter a license or has | ||||||
10 | possessed an
altered license, identification card, or | ||||||
11 | permit;
| ||||||
12 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
13 | of 1934;
| ||||||
14 | 28. Has been convicted of the illegal possession, while | ||||||
15 | operating or
in actual physical control, as a driver, of a | ||||||
16 | motor vehicle, of any
controlled substance prohibited | ||||||
17 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
18 | prohibited under the Cannabis Control
Act, or any | ||||||
19 | methamphetamine prohibited under the Methamphetamine | ||||||
20 | Control and Community Protection Act, in which case the | ||||||
21 | person's driving privileges shall be suspended for
one | ||||||
22 | year, and any driver who is convicted of a second or | ||||||
23 | subsequent
offense, within 5 years of a previous | ||||||
24 | conviction, for the illegal
possession, while operating or | ||||||
25 | in actual physical control, as a driver, of
a motor | ||||||
26 | vehicle, of any controlled substance prohibited under the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, any cannabis
| ||||||
2 | prohibited under the Cannabis Control Act, or any | ||||||
3 | methamphetamine prohibited under the Methamphetamine | ||||||
4 | Control and Community Protection Act shall be suspended for | ||||||
5 | 5 years.
Any defendant found guilty of this offense while | ||||||
6 | operating a motor vehicle,
shall have an entry made in the | ||||||
7 | court record by the presiding judge that
this offense did | ||||||
8 | occur while the defendant was operating a motor vehicle
and | ||||||
9 | order the clerk of the court to report the violation to the | ||||||
10 | Secretary
of State;
| ||||||
11 | 29. Has been convicted of the following offenses that | ||||||
12 | were committed
while the person was operating or in actual | ||||||
13 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
14 | sexual assault,
predatory criminal sexual assault of a | ||||||
15 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
16 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
17 | soliciting for a juvenile prostitute and the manufacture, | ||||||
18 | sale or
delivery of controlled substances or instruments | ||||||
19 | used for illegal drug use
or abuse in which case the | ||||||
20 | driver's driving privileges shall be suspended
for one | ||||||
21 | year;
| ||||||
22 | 30. Has been convicted a second or subsequent time for | ||||||
23 | any
combination of the offenses named in paragraph 29 of | ||||||
24 | this subsection,
in which case the person's driving | ||||||
25 | privileges shall be suspended for 5
years;
| ||||||
26 | 31. Has refused to submit to a test as
required by |
| |||||||
| |||||||
1 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
2 | alcohol concentration of 0.08 or more or any amount of a | ||||||
3 | drug, substance, or
compound resulting from the unlawful | ||||||
4 | use or consumption of cannabis as listed
in the Cannabis | ||||||
5 | Control Act, a controlled substance as listed in the | ||||||
6 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
7 | compound as listed in the Use of
Intoxicating Compounds | ||||||
8 | Act, in which case the penalty shall be
as prescribed in | ||||||
9 | Section 6-208.1;
| ||||||
10 | 32. Has been convicted of Section 24-1.2 of the | ||||||
11 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
12 | of a firearm if the offender was
located in a motor vehicle | ||||||
13 | at the time the firearm was discharged, in which
case the | ||||||
14 | suspension shall be for 3 years;
| ||||||
15 | 33. Has as a driver, who was less than 21 years of age | ||||||
16 | on the date of
the offense, been convicted a first time of | ||||||
17 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
18 | or a similar provision of a local ordinance;
| ||||||
19 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
20 | this Code;
| ||||||
21 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
22 | this Code;
| ||||||
23 | 36. Is under the age of 21 years at the time of arrest | ||||||
24 | and has been
convicted of not less than 2 offenses against | ||||||
25 | traffic regulations governing
the movement of vehicles | ||||||
26 | committed within any 24 month period. No revocation
or |
| |||||||
| |||||||
1 | suspension shall be entered more than 6 months after the | ||||||
2 | date of last
conviction;
| ||||||
3 | 37. Has committed a violation of subsection (c) of | ||||||
4 | Section 11-907 of this
Code;
| ||||||
5 | 38. Has been convicted of a violation of Section 6-20 | ||||||
6 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
7 | a local ordinance;
| ||||||
8 | 39. Has committed a second or subsequent violation of | ||||||
9 | Section
11-1201 of this Code;
| ||||||
10 | 40. Has committed a violation of subsection (a-1) of | ||||||
11 | Section 11-908 of
this Code; | ||||||
12 | 41. Has committed a second or subsequent violation of | ||||||
13 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
14 | the previous violation, in which case the suspension shall | ||||||
15 | be for 90 days; or | ||||||
16 | 42. Has committed a violation of subsection (a-1) of | ||||||
17 | Section 11-1301.3 of this Code. | ||||||
18 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
19 | and 27 of this
subsection, license means any driver's license, | ||||||
20 | any traffic ticket issued when
the person's driver's license is | ||||||
21 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
22 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
23 | a probationary driver's license or a temporary driver's | ||||||
24 | license.
| ||||||
25 | (b) If any conviction forming the basis of a suspension or
| ||||||
26 | revocation authorized under this Section is appealed, the
|
| |||||||
| |||||||
1 | Secretary of State may rescind or withhold the entry of the | ||||||
2 | order of suspension
or revocation, as the case may be, provided | ||||||
3 | that a certified copy of a stay
order of a court is filed with | ||||||
4 | the Secretary of State. If the conviction is
affirmed on | ||||||
5 | appeal, the date of the conviction shall relate back to the | ||||||
6 | time
the original judgment of conviction was entered and the 6 | ||||||
7 | month limitation
prescribed shall not apply.
| ||||||
8 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
9 | permit of
any person as authorized in this Section, the | ||||||
10 | Secretary of State shall
immediately notify the person in | ||||||
11 | writing of the revocation or suspension.
The notice to be | ||||||
12 | deposited in the United States mail, postage prepaid,
to | ||||||
13 | the last known address of the person.
| ||||||
14 | 2. If the Secretary of State suspends the driver's | ||||||
15 | license
of a person under subsection 2 of paragraph (a) of | ||||||
16 | this Section, a
person's privilege to operate a vehicle as | ||||||
17 | an occupation shall not be
suspended, provided an affidavit | ||||||
18 | is properly completed, the appropriate fee
received, and a | ||||||
19 | permit issued prior to the effective date of the
| ||||||
20 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
21 | which occurred
while operating a commercial vehicle in | ||||||
22 | connection with the driver's
regular occupation. All other | ||||||
23 | driving privileges shall be suspended by the
Secretary of | ||||||
24 | State. Any driver prior to operating a vehicle for
| ||||||
25 | occupational purposes only must submit the affidavit on | ||||||
26 | forms to be
provided by the Secretary of State setting |
| |||||||
| |||||||
1 | forth the facts of the person's
occupation. The affidavit | ||||||
2 | shall also state the number of offenses
committed while | ||||||
3 | operating a vehicle in connection with the driver's regular
| ||||||
4 | occupation. The affidavit shall be accompanied by the | ||||||
5 | driver's license.
Upon receipt of a properly completed | ||||||
6 | affidavit, the Secretary of State
shall issue the driver a | ||||||
7 | permit to operate a vehicle in connection with the
driver's | ||||||
8 | regular occupation only. Unless the permit is issued by the
| ||||||
9 | Secretary of State prior to the date of suspension, the | ||||||
10 | privilege to drive
any motor vehicle shall be suspended as | ||||||
11 | set forth in the notice that was
mailed under this Section. | ||||||
12 | If an affidavit is received subsequent to the
effective | ||||||
13 | date of this suspension, a permit may be issued for the | ||||||
14 | remainder
of the suspension period.
| ||||||
15 | The provisions of this subparagraph shall not apply to | ||||||
16 | any driver
required to possess a CDL for the purpose of | ||||||
17 | operating a commercial motor vehicle.
| ||||||
18 | Any person who falsely states any fact in the affidavit | ||||||
19 | required
herein shall be guilty of perjury under Section | ||||||
20 | 6-302 and upon conviction
thereof shall have all driving | ||||||
21 | privileges revoked without further rights.
| ||||||
22 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
23 | of this Code,
the Secretary of State shall either rescind | ||||||
24 | or continue an order of
revocation or shall substitute an | ||||||
25 | order of suspension; or, good
cause appearing therefor, | ||||||
26 | rescind, continue, change, or extend the
order of |
| |||||||
| |||||||
1 | suspension. If the Secretary of State does not rescind the | ||||||
2 | order,
the Secretary may upon application,
to relieve undue | ||||||
3 | hardship, issue
a restricted driving permit granting the | ||||||
4 | privilege of driving a motor
vehicle between the | ||||||
5 | petitioner's residence and petitioner's place of
| ||||||
6 | employment or within the scope of his employment related | ||||||
7 | duties, or to
allow transportation for the petitioner, or a | ||||||
8 | household member of the
petitioner's family, to receive | ||||||
9 | necessary medical care and if the
professional evaluation | ||||||
10 | indicates, provide transportation for alcohol
remedial or | ||||||
11 | rehabilitative activity, or for the petitioner to attend
| ||||||
12 | classes, as a student, in an accredited educational | ||||||
13 | institution; if the
petitioner is able to demonstrate that | ||||||
14 | no alternative means of
transportation is reasonably | ||||||
15 | available and the petitioner will not endanger
the public | ||||||
16 | safety or welfare.
| ||||||
17 | If a person's license or permit has been revoked or | ||||||
18 | suspended due to 2
or more convictions of violating Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local | ||||||
20 | ordinance or a similar out-of-state offense, arising out
of | ||||||
21 | separate occurrences, that person, if issued a restricted | ||||||
22 | driving permit,
may not operate a vehicle unless it has | ||||||
23 | been equipped with an ignition
interlock device as defined | ||||||
24 | in Section 1-129.1.
| ||||||
25 | If a person's license or permit has been revoked or | ||||||
26 | suspended 2 or more
times within a 10 year period due to a |
| |||||||
| |||||||
1 | single conviction of violating Section
11-501 of this Code | ||||||
2 | or a similar provision of a local ordinance or a similar
| ||||||
3 | out-of-state offense, and a statutory summary suspension | ||||||
4 | under Section
11-501.1, or 2 or more statutory summary | ||||||
5 | suspensions, or combination of 2
offenses, or of an offense | ||||||
6 | and a statutory summary suspension, arising out of
separate | ||||||
7 | occurrences, that person, if issued a restricted driving | ||||||
8 | permit, may
not operate a vehicle unless it has been
| ||||||
9 | equipped with an ignition interlock device as defined in | ||||||
10 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
11 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
12 | per month. The Secretary shall establish by rule the amount
| ||||||
13 | and the procedures, terms, and conditions relating to these | ||||||
14 | fees. If the
restricted driving permit was issued for | ||||||
15 | employment purposes, then this
provision does not apply to | ||||||
16 | the operation of an occupational vehicle owned or
leased by | ||||||
17 | that person's employer. In each case the Secretary may | ||||||
18 | issue a
restricted driving permit for a period deemed | ||||||
19 | appropriate, except that all
permits shall expire within | ||||||
20 | one year from the date of issuance. The Secretary
may not, | ||||||
21 | however, issue a restricted driving permit to any person | ||||||
22 | whose current
revocation is the result of a second or | ||||||
23 | subsequent conviction for a violation
of Section 11-501 of | ||||||
24 | this Code or a similar provision of a local ordinance
| ||||||
25 | relating to the offense of operating or being in physical | ||||||
26 | control of a motor
vehicle while under the influence of |
| |||||||
| |||||||
1 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
2 | compounds, or any similar out-of-state offense, or any | ||||||
3 | combination
of those offenses, until the expiration of at | ||||||
4 | least one year from the date of
the revocation. A
| ||||||
5 | restricted driving permit issued under this Section shall | ||||||
6 | be subject to
cancellation, revocation, and suspension by | ||||||
7 | the Secretary of State in like
manner and for like cause as | ||||||
8 | a driver's license issued under this Code may be
cancelled, | ||||||
9 | revoked, or suspended; except that a conviction upon one or | ||||||
10 | more
offenses against laws or ordinances regulating the | ||||||
11 | movement of traffic
shall be deemed sufficient cause for | ||||||
12 | the revocation, suspension, or
cancellation of a | ||||||
13 | restricted driving permit. The Secretary of State may, as
a | ||||||
14 | condition to the issuance of a restricted driving permit, | ||||||
15 | require the
applicant to participate in a designated driver | ||||||
16 | remedial or rehabilitative
program. The Secretary of State | ||||||
17 | is authorized to cancel a restricted
driving permit if the | ||||||
18 | permit holder does not successfully complete the program.
| ||||||
19 | (c-5) The Secretary of State may, as a condition of the | ||||||
20 | reissuance of a
driver's license or permit to an applicant | ||||||
21 | whose driver's license or permit has
been suspended before he | ||||||
22 | or she reached the age of 18 years pursuant to any of
the | ||||||
23 | provisions of this Section, require the applicant to | ||||||
24 | participate in a
driver remedial education course and be | ||||||
25 | retested under Section 6-109 of this
Code.
| ||||||
26 | (d) This Section is subject to the provisions of the |
| |||||||
| |||||||
1 | Drivers License
Compact.
| ||||||
2 | (e) The Secretary of State shall not issue a restricted | ||||||
3 | driving permit to
a person under the age of 16 years whose | ||||||
4 | driving privileges have been suspended
or revoked under any | ||||||
5 | provisions of this Code.
| ||||||
6 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
7 | State may not issue a restricted driving permit for the | ||||||
8 | operation of a commercial motor vehicle to a person holding a | ||||||
9 | CDL whose driving privileges have been suspended or revoked | ||||||
10 | under any provisions of this Code. | ||||||
11 | (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||||||
12 | 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||||||
13 | 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| ||||||
14 | (625 ILCS 5/6-206.2)
| ||||||
15 | Sec. 6-206.2. Violations relating to an ignition interlock | ||||||
16 | device.
| ||||||
17 | (a) It is unlawful for any person whose driving privilege | ||||||
18 | is restricted
by being prohibited from operating a motor | ||||||
19 | vehicle not equipped with an
ignition interlock device to | ||||||
20 | request or solicit any other person to blow into
an ignition | ||||||
21 | interlock device or to start a motor vehicle equipped with the
| ||||||
22 | device for the purpose of providing the person so restricted | ||||||
23 | with an operable
motor vehicle.
| ||||||
24 | (b) It is unlawful to blow into an ignition interlock | ||||||
25 | device or to start
a motor vehicle equipped with the device for |
| |||||||
| |||||||
1 | the purpose of providing an
operable motor vehicle to a person | ||||||
2 | whose driving privilege is restricted
by being prohibited from | ||||||
3 | operating a motor vehicle not equipped with an
ignition | ||||||
4 | interlock device.
| ||||||
5 | (c) It is unlawful to tamper with, or circumvent the | ||||||
6 | operation of, an
ignition interlock device.
| ||||||
7 | (d) Except as provided in subsection (c)(17) of Section | ||||||
8 | 5-6-3.1 of the
Unified Code of Corrections or by rule, no | ||||||
9 | person shall knowingly rent, lease,
or lend a motor vehicle to | ||||||
10 | a person known to have his or her driving privilege
restricted | ||||||
11 | by being prohibited from operating a vehicle not equipped with | ||||||
12 | an
ignition interlock device, unless the vehicle is equipped | ||||||
13 | with a functioning
ignition interlock device. Any person whose | ||||||
14 | driving privilege is so restricted
shall notify any person | ||||||
15 | intending to rent, lease, or loan a motor vehicle to
the | ||||||
16 | restricted person of the driving restriction imposed upon him | ||||||
17 | or her.
| ||||||
18 | A person convicted of a violation of this subsection shall | ||||||
19 | be guilty of a Class A misdemeanor and shall be punished by a | ||||||
20 | fine of $2,500
be punished by
imprisonment for not more than 6 | ||||||
21 | months or by a fine of not more than $5,000,
or both .
| ||||||
22 | (e) If a person prohibited under paragraph (2) or paragraph | ||||||
23 | (3) of
subsection (c-4) of Section 11-501
from driving any | ||||||
24 | vehicle not equipped with an ignition interlock device
| ||||||
25 | nevertheless is convicted of driving a vehicle that is not | ||||||
26 | equipped with the
device,
that person is prohibited from |
| |||||||
| |||||||
1 | driving any vehicle not equipped with an
ignition interlock | ||||||
2 | device for an additional 2 years beyond the
period of time | ||||||
3 | equal to the initial
time period that the person was required | ||||||
4 | to use an ignition interlock device.
| ||||||
5 | (Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
| ||||||
6 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
7 | Sec. 6-208. Period of Suspension - Application After | ||||||
8 | Revocation.
| ||||||
9 | (a) Except as otherwise provided by this Code or any other | ||||||
10 | law of this
State, the Secretary of State shall not suspend a | ||||||
11 | driver's license,
permit or privilege to drive a motor vehicle | ||||||
12 | on the highways for a
period of more than one year.
| ||||||
13 | (b) Any person whose license, permit or privilege to drive | ||||||
14 | a motor
vehicle on the highways has been revoked shall not be | ||||||
15 | entitled to have
such license, permit or privilege renewed or | ||||||
16 | restored. However, such
person may, except as provided under | ||||||
17 | subsection (d) of Section 6-205, make
application for a license | ||||||
18 | pursuant to Section 6-106 (i) if the revocation
was
for a cause | ||||||
19 | which has been removed or (ii) as provided in the following
| ||||||
20 | subparagraphs:
| ||||||
21 | 1. Except as provided in subparagraphs 2, 3, and 4,
the | ||||||
22 | person may make application for a license after the | ||||||
23 | expiration of one
year from the effective date of the | ||||||
24 | revocation
or, in the case of a violation of paragraph (b) | ||||||
25 | of Section 11-401 of this
Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance, after the expiration of 3
years from the | ||||||
2 | effective date of the revocation or, in the case of a | ||||||
3 | violation
of Section 9-3 of the Criminal Code of 1961 or a | ||||||
4 | similar provision of a law of another state relating to the | ||||||
5 | offense of reckless
homicide or a violation of subparagraph | ||||||
6 | (F) of paragraph 1 of subsection (d) of Section 11-501 of | ||||||
7 | this Code relating to aggravated driving under the | ||||||
8 | influence of alcohol, other drug or drugs, intoxicating | ||||||
9 | compound or compounds, or any combination thereof, if the | ||||||
10 | violation was the proximate cause of a death, after the | ||||||
11 | expiration of 2 years from the effective date of the
| ||||||
12 | revocation
or after the expiration of 24 months from the | ||||||
13 | date of release from
a
period of imprisonment as provided | ||||||
14 | in Section
6-103 of this Code, whichever is later.
| ||||||
15 | 2. If such person is convicted of committing a second | ||||||
16 | violation within a
20 year period of:
| ||||||
17 | (A) Section 11-501 of this Code, or a similar | ||||||
18 | provision of a local
ordinance; or
| ||||||
19 | (B) Paragraph (b) of Section 11-401 of this Code, | ||||||
20 | or a similar
provision
of a local ordinance; or
| ||||||
21 | (C) Section 9-3 of the Criminal Code of 1961, as | ||||||
22 | amended, relating
to the
offense of reckless homicide; | ||||||
23 | or
| ||||||
24 | (D) any combination of the above offenses | ||||||
25 | committed at different
instances;
| ||||||
26 | then such person may not make application for a license |
| |||||||
| |||||||
1 | until after
the expiration of 5 years from the effective | ||||||
2 | date of the most recent
revocation. The 20 year period | ||||||
3 | shall be computed by using the dates the
offenses were | ||||||
4 | committed and shall also include similar out-of-state
| ||||||
5 | offenses.
| ||||||
6 | 3. However, except as provided in subparagraph 4, if | ||||||
7 | such person is
convicted of committing a third, or
| ||||||
8 | subsequent, violation or any combination of the above | ||||||
9 | offenses, including
similar out-of-state offenses, | ||||||
10 | contained in subparagraph 2, then such person
may not make | ||||||
11 | application for a license until after the expiration of 10 | ||||||
12 | years
from the effective date of the most recent | ||||||
13 | revocation.
| ||||||
14 | 4. The person may not make application for a license if | ||||||
15 | the person is
convicted of committing a fourth or | ||||||
16 | subsequent
violation of Section 11-501 of this Code or a | ||||||
17 | similar provision of a local
ordinance, Section 11-401 of | ||||||
18 | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | ||||||
19 | combination of these offenses
or similar provisions of | ||||||
20 | local ordinances
or similar out-of-state offenses.
| ||||||
21 | Notwithstanding any other provision of this Code, all | ||||||
22 | persons referred to
in this paragraph (b) may not have their | ||||||
23 | privileges restored until the
Secretary receives payment of the | ||||||
24 | required reinstatement fee pursuant to
subsection (b) of | ||||||
25 | Section 6-118.
| ||||||
26 | In no event shall the Secretary issue such license
unless |
| |||||||
| |||||||
1 | and until such person has had a hearing pursuant to this Code | ||||||
2 | and
the appropriate administrative rules and the Secretary is
| ||||||
3 | satisfied, after a review or investigation of such person, that
| ||||||
4 | to grant the privilege of driving a motor vehicle on the | ||||||
5 | highways will
not endanger the public safety or welfare.
| ||||||
6 | (c) (Blank).
| ||||||
7 | (d) If a person prohibited under Section 11-501 of this | ||||||
8 | Code from driving any vehicle not equipped with an ignition | ||||||
9 | interlock device nevertheless is convicted of driving a vehicle | ||||||
10 | that is not equipped with the device, that person is prohibited | ||||||
11 | from driving any vehicle not equipped with an ignition | ||||||
12 | interlock device for an additional 2 years beyond the time | ||||||
13 | period that the person was required to use an ignition | ||||||
14 | interlock device.
| ||||||
15 | (Source: P.A. 92-343, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
16 | 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 93-712, eff. | ||||||
17 | 1-1-05; 93-788, eff. 1-1-05; revised 10-14-04.)
| ||||||
18 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
19 | (Text of Section from P.A. 93-1093 and 94-963) | ||||||
20 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
21 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof.
| ||||||
23 | (a) A person shall not drive or be in actual
physical | ||||||
24 | control of any vehicle within this State while:
| ||||||
25 | (1) the alcohol concentration in the person's blood or |
| |||||||
| |||||||
1 | 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 |
| |||||||
| |||||||
1 | provision of a local ordinance or a
provision of a law of | ||||||
2 | another state that is similar to a violation of
subsection | ||||||
3 | (a) of this Section.
| ||||||
4 | (2) Any penalty imposed for driving with a license that | ||||||
5 | has been revoked
for a previous violation of subsection (a) | ||||||
6 | of this Section shall be in
addition to the penalty imposed | ||||||
7 | for any subsequent violation of subsection (a).
| ||||||
8 | (b-2) Except as otherwise provided in this Section, any | ||||||
9 | person convicted of
violating subsection (a) of this Section is | ||||||
10 | guilty of a Class A misdemeanor.
| ||||||
11 | (b-3) In addition to any other criminal or administrative | ||||||
12 | sanction for any
second conviction of violating subsection (a) | ||||||
13 | or a similar provision committed
within 5 years of a previous | ||||||
14 | violation of subsection (a) or a similar
provision, the | ||||||
15 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
16 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
17 | community service
as may be determined by the court.
| ||||||
18 | (b-4) In the case of a third or subsequent violation | ||||||
19 | committed within 5
years of a previous violation of subsection | ||||||
20 | (a) or a similar provision, in
addition to any other criminal | ||||||
21 | or administrative sanction, a mandatory minimum
term of either | ||||||
22 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
23 | be imposed.
| ||||||
24 | (b-5) The imprisonment or assignment of community service | ||||||
25 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
26 | suspension, nor shall the person be
eligible for a reduced |
| |||||||
| |||||||
1 | sentence.
| ||||||
2 | (c) (Blank).
| ||||||
3 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
4 | period in which his
or her driving privileges are revoked | ||||||
5 | or suspended, where the revocation or
suspension was for a | ||||||
6 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
7 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
8 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
9 | Class 4 felony.
| ||||||
10 | (2) A person who violates subsection (a) a third
time, | ||||||
11 | if the third violation occurs during a period in
which his | ||||||
12 | or her driving privileges are revoked or suspended where | ||||||
13 | the
revocation
or suspension was for a violation of | ||||||
14 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
15 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
16 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
17 | felony; and if the
person receives a term of
probation or | ||||||
18 | conditional discharge, he or she shall be required to serve | ||||||
19 | a
mandatory
minimum of 10 days of imprisonment or shall be | ||||||
20 | assigned a mandatory minimum of
480 hours of community | ||||||
21 | service, as may be determined by the court, as a
condition | ||||||
22 | of the probation or conditional discharge. This mandatory | ||||||
23 | minimum
term of imprisonment or assignment of community | ||||||
24 | service shall not be suspended
or reduced by the court.
| ||||||
25 | (2.2) A person who violates subsection (a), if the
| ||||||
26 | violation occurs during a period in which his or her |
| |||||||
| |||||||
1 | driving privileges are
revoked or suspended where the | ||||||
2 | revocation or suspension was for a violation of
subsection | ||||||
3 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
4 | additional
mandatory minimum term of 30 consecutive days of | ||||||
5 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
6 | 720 hours of community service, as may be
determined by the | ||||||
7 | court. This mandatory term of imprisonment or assignment of
| ||||||
8 | community service shall not be suspended or reduced by the | ||||||
9 | court.
| ||||||
10 | (3) A person who violates subsection (a) a fourth or
| ||||||
11 | subsequent time, if the fourth or subsequent violation | ||||||
12 | occurs
during a period in which his
or her driving | ||||||
13 | privileges are revoked or suspended where the revocation
or | ||||||
14 | suspension was for a violation of subsection (a),
Section | ||||||
15 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
16 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
17 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
18 | a sentence of probation or
conditional discharge.
| ||||||
19 | (c-2) (Blank).
| ||||||
20 | (c-3) (Blank).
| ||||||
21 | (c-4) (Blank).
| ||||||
22 | (c-5)(1) A person who violates subsection (a), if the | ||||||
23 | person was transporting
a person under the age of 16 at the | ||||||
24 | time of the violation, is subject to an
additional | ||||||
25 | mandatory minimum fine of $1,000, an additional mandatory | ||||||
26 | minimum
140 hours of community service, which shall include |
| |||||||
| |||||||
1 | 40 hours of community
service in a program benefiting | ||||||
2 | children, and an additional 2 days of
imprisonment. The | ||||||
3 | imprisonment or assignment of community service under this | ||||||
4 | subdivision (c-5)(1) is not subject to suspension, nor is | ||||||
5 | the person eligible for
a reduced sentence.
| ||||||
6 | (2) Except as provided in subdivisions (c-5)(3) and | ||||||
7 | (c-5)(4) a person who
violates
subsection (a) a second | ||||||
8 | time, if at the time of
the second violation the person was | ||||||
9 | transporting a person under the age of 16,
is subject to an | ||||||
10 | additional 10 days of imprisonment, an additional | ||||||
11 | mandatory
minimum fine of $1,000, and an additional | ||||||
12 | mandatory minimum 140 hours of
community service, which | ||||||
13 | shall include 40 hours of community service in a
program | ||||||
14 | benefiting children.
The imprisonment or assignment of | ||||||
15 | community service under this subdivision (c-5)(2)
is not | ||||||
16 | subject to suspension, nor is the person eligible for a | ||||||
17 | reduced
sentence.
| ||||||
18 | (3) Except as provided in subdivision (c-5)(4), any | ||||||
19 | person convicted of
violating subdivision (c-5)(2) or a | ||||||
20 | similar
provision within 10 years of a previous violation | ||||||
21 | of subsection (a) or a
similar provision shall receive, in | ||||||
22 | addition to any other penalty imposed, a
mandatory minimum | ||||||
23 | 12 days imprisonment, an additional 40 hours of mandatory
| ||||||
24 | community service in a program benefiting children, and a | ||||||
25 | mandatory minimum
fine of $1,750. The imprisonment or | ||||||
26 | assignment of community service under this subdivision |
| |||||||
| |||||||
1 | (c-5)(3) is not subject to suspension, nor is the person
| ||||||
2 | eligible for a reduced sentence.
| ||||||
3 | (4) Any person convicted of violating subdivision | ||||||
4 | (c-5)(2) or a similar
provision within 5 years of a | ||||||
5 | previous violation of subsection (a) or a similar
provision | ||||||
6 | shall receive, in addition to any other penalty imposed, an
| ||||||
7 | additional 80 hours of mandatory community service in a | ||||||
8 | program benefiting
children, an additional mandatory | ||||||
9 | minimum 12 days of imprisonment, and a
mandatory minimum | ||||||
10 | fine of $1,750. The imprisonment or assignment of community
| ||||||
11 | service under this subdivision (c-5)(4)
is not subject to | ||||||
12 | suspension, nor
is the
person eligible for a reduced | ||||||
13 | sentence.
| ||||||
14 | (5) Any person convicted a third time for violating | ||||||
15 | subsection (a) or a
similar provision, if at the time of | ||||||
16 | the third violation the person was
transporting a person | ||||||
17 | under the age of 16, is guilty of a Class 4 felony and | ||||||
18 | shall
receive, in addition to any other
penalty imposed, an | ||||||
19 | additional mandatory fine of $1,000, an additional
| ||||||
20 | mandatory 140 hours of community service, which shall | ||||||
21 | include 40 hours in a
program benefiting children, and a | ||||||
22 | mandatory minimum 30 days of imprisonment.
The | ||||||
23 | imprisonment or assignment of community service under this | ||||||
24 | subdivision (c-5)(5)
is not subject to suspension, nor is | ||||||
25 | the person eligible for a reduced
sentence.
| ||||||
26 | (6) Any person convicted of violating subdivision |
| |||||||
| |||||||
1 | (c-5)(5) or a similar
provision a third time within 20 | ||||||
2 | years of a previous violation of subsection
(a) or a
| ||||||
3 | similar provision is guilty of a Class 4 felony and shall | ||||||
4 | receive, in addition
to any other penalty imposed, an | ||||||
5 | additional mandatory 40 hours of community
service in a | ||||||
6 | program benefiting children, an additional mandatory fine | ||||||
7 | of
$3,000, and a mandatory minimum 120 days of | ||||||
8 | imprisonment. The imprisonment or
assignment of community | ||||||
9 | service under this subdivision (c-5)(6) is not subject to
| ||||||
10 | suspension, nor is the person eligible for a reduced | ||||||
11 | sentence.
| ||||||
12 | (7) Any person convicted a fourth or subsequent time | ||||||
13 | for violating
subsection (a) or a similar provision, if at | ||||||
14 | the time of the fourth or
subsequent violation the person | ||||||
15 | was transporting a person under the age of 16,
and if the | ||||||
16 | person's 3 prior violations of subsection (a) or a
similar | ||||||
17 | provision
occurred while transporting a person under the | ||||||
18 | age of 16 or while the alcohol
concentration in his or her | ||||||
19 | blood, breath, or urine was 0.16 or more based
on the | ||||||
20 | definition of blood, breath, or urine units in Section | ||||||
21 | 11-501.2, is
guilty of a Class 2 felony, is not eligible | ||||||
22 | for probation or conditional
discharge, and is subject to a | ||||||
23 | minimum fine of $3,000.
| ||||||
24 | (c-6)(1) 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 |
| |||||||
| |||||||
1 | 0.16 or more based on the definition of blood, breath, or | ||||||
2 | urine
units in Section 11-501.2, shall be subject, in | ||||||
3 | addition to any other penalty
that may be imposed, to a | ||||||
4 | mandatory minimum of 100 hours of community service
and a | ||||||
5 | mandatory minimum fine of $500.
| ||||||
6 | (2) Any person convicted of a second violation of | ||||||
7 | subsection (a) or a similar provision committed within 10 | ||||||
8 | years of a previous violation of subsection (a) or a | ||||||
9 | similar provision, if at the time of the second violation | ||||||
10 | of subsection (a) or a similar provision the
alcohol | ||||||
11 | concentration in his or her blood, breath, or urine was | ||||||
12 | 0.16 or more
based on the definition of blood, breath, or | ||||||
13 | urine units in Section 11-501.2,
shall be
subject, in | ||||||
14 | addition to any other penalty that may be imposed, to a | ||||||
15 | mandatory
minimum of 2 days of imprisonment and a mandatory | ||||||
16 | minimum fine of $1,250.
| ||||||
17 | (3) 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 | ||||||
20 | provision, if at the time of the third violation of | ||||||
21 | subsection (a) or a
similar provision the alcohol | ||||||
22 | concentration in his or her blood, breath, or
urine was | ||||||
23 | 0.16 or more based on the definition of blood, breath, or | ||||||
24 | urine units
in Section 11-501.2, is guilty of a Class 4 | ||||||
25 | felony and shall be subject, in
addition to any other | ||||||
26 | penalty that may be imposed, to a mandatory minimum of
90 |
| |||||||
| |||||||
1 | days of imprisonment and a mandatory minimum fine of | ||||||
2 | $2,500.
| ||||||
3 | (4) Any person convicted of a fourth or subsequent | ||||||
4 | violation of
subsection
(a) or a similar provision, if at | ||||||
5 | the time of the fourth or subsequent
violation the alcohol | ||||||
6 | concentration in his or her blood, breath, or urine was
| ||||||
7 | 0.16 or more based on the definition of blood, breath, or | ||||||
8 | urine units in
Section 11-501.2, and if the person's 3 | ||||||
9 | prior violations of subsection (a) or a
similar provision | ||||||
10 | occurred while transporting a person under the age of 16 or
| ||||||
11 | while the alcohol concentration in his or her blood, | ||||||
12 | breath, or urine was 0.16
or more based on the definition | ||||||
13 | of blood, breath, or urine units in Section
11-501.2, is | ||||||
14 | guilty of a Class 2 felony and is not eligible for a | ||||||
15 | sentence of
probation or conditional discharge and is | ||||||
16 | subject to a minimum fine of
$2,500.
| ||||||
17 | (d) (1) Every person convicted of committing a violation of | ||||||
18 | this Section
shall be guilty of aggravated driving under | ||||||
19 | the influence of alcohol,
other drug or drugs, or | ||||||
20 | intoxicating compound or compounds, or any combination
| ||||||
21 | thereof if:
| ||||||
22 | (A) the person committed a violation of subsection | ||||||
23 | (a) or a similar
provision for the
third or subsequent | ||||||
24 | time;
| ||||||
25 | (B) the person committed a violation of subsection | ||||||
26 | (a)
while
driving a school bus with persons 18 years of |
| |||||||
| |||||||
1 | age or younger
on board;
| ||||||
2 | (C) the person in committing a violation of | ||||||
3 | subsection
(a) was
involved in a motor vehicle accident | ||||||
4 | that resulted in great bodily harm or
permanent | ||||||
5 | disability or disfigurement to another, when the | ||||||
6 | violation was
a proximate cause of the injuries;
| ||||||
7 | (D) the person committed a violation of subsection | ||||||
8 | (a)
for a
second time and has been previously convicted | ||||||
9 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
10 | or a similar provision of a law of another state | ||||||
11 | relating to reckless homicide in which the person was
| ||||||
12 | determined to have been under the influence of alcohol, | ||||||
13 | other drug or
drugs, or intoxicating compound or | ||||||
14 | compounds as an element of the offense or
the person | ||||||
15 | has previously been convicted
under subparagraph (C) | ||||||
16 | or subparagraph (F) of this paragraph (1);
| ||||||
17 | (E) the person, in committing a violation of | ||||||
18 | subsection (a) while
driving at any speed in a school | ||||||
19 | speed zone at a time when a speed limit of
20 miles per | ||||||
20 | hour was in effect under subsection (a) of Section | ||||||
21 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
22 | accident that resulted in bodily
harm, other than great | ||||||
23 | bodily harm or permanent disability or disfigurement,
| ||||||
24 | to another person, when the violation of subsection (a) | ||||||
25 | was a
proximate cause
of the bodily harm; or
| ||||||
26 | (F) the person, in committing a violation of |
| |||||||
| |||||||
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, if sentenced to a term of
imprisonment, shall be | ||||||
19 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
20 | years and not more
than 14 years if the violation resulted | ||||||
21 | in the death of one person; or
(B) a term of imprisonment | ||||||
22 | of not less than 6 years and not
more than 28 years if the | ||||||
23 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
24 | any prosecution under this subsection
(d), a certified copy | ||||||
25 | of the
driving abstract of the defendant shall be admitted | ||||||
26 | as proof of any prior
conviction.
Any person sentenced |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
2 | be paid from fees collected from the
offender or as may be | ||||||
3 | determined by the court.
| ||||||
4 | (f) Every person found guilty of violating this Section, | ||||||
5 | whose
operation of a motor vehicle while in violation of this | ||||||
6 | Section proximately
caused any incident resulting in an | ||||||
7 | appropriate emergency response, shall
be liable for the expense | ||||||
8 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
9 | Unified Code of Corrections.
| ||||||
10 | (g) The Secretary of State shall revoke the driving | ||||||
11 | privileges of any
person convicted under this Section or a | ||||||
12 | similar provision of a local
ordinance.
| ||||||
13 | (h) (Blank).
| ||||||
14 | (i) The Secretary of State shall require the installation | ||||||
15 | and continuous use of ignition interlock
devices on all | ||||||
16 | vehicles owned by an individual who has been convicted of a
| ||||||
17 | first, second, or third violation
second
or subsequent offense
| ||||||
18 | of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
19 | similar provision of a local
ordinance. The Secretary shall | ||||||
20 | establish by rule and regulation the procedures
for | ||||||
21 | certification and use of the ignition interlock system.
| ||||||
22 | The ignition interlock device installed in the vehicle of a | ||||||
23 | person convicted of a first, second, or third violation of | ||||||
24 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
25 | remain installed until the individual's driver's license has | ||||||
26 | been reinstated. Individuals with a fourth or subsequent |
| |||||||
| |||||||
1 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
2 | of this Section must install and maintain ignition interlock | ||||||
3 | devices on all vehicles they own and must keep the devices on | ||||||
4 | those vehicles indefinitely. Individuals who have been | ||||||
5 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
6 | this Section or a similar provision of a local ordinance but do | ||||||
7 | not own a vehicle must either: use a transdermal alcohol | ||||||
8 | monitoring device until the individual's driver's license has | ||||||
9 | been reinstated or install an ignition interlock device in a | ||||||
10 | vehicle not owned by the individual until the individual's | ||||||
11 | driver's license has been reinstated. Upon installation, the | ||||||
12 | individual shall pay to the Secretary of State DUI | ||||||
13 | Administration Fund an annual fee of $120 and shall continue to | ||||||
14 | pay this fee annually until the individual's driver's license | ||||||
15 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
16 | for the collection of this fee and for its payment in monthly | ||||||
17 | increments for necessary periods of less than one year.
| ||||||
18 | (i-1) Individuals convicted of violating subsection (i) | ||||||
19 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
20 | a sentence of probation or conditional discharge, and shall, in | ||||||
21 | addition to any other penalty imposed, be subject to a | ||||||
22 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
23 | suspended or reduced by the court.
| ||||||
24 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
25 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
26 | shall not be eligible for a sentence of probation or |
| |||||||
| |||||||
1 | conditional discharge, and shall, in addition to any other | ||||||
2 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
3 | months. This term of imprisonment shall not be suspended or | ||||||
4 | reduced by the court.
| ||||||
5 | (j) In addition to any other penalties and liabilities, a | ||||||
6 | person who is
found guilty of or pleads guilty to violating | ||||||
7 | subsection (a), including any
person placed on court | ||||||
8 | supervision for violating subsection (a), shall be fined
$500, | ||||||
9 | payable to the
circuit clerk, who shall distribute the money as | ||||||
10 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
11 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
12 | into the General Revenue Fund. If the person has been | ||||||
13 | previously convicted of violating
subsection (a) or a similar | ||||||
14 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
15 | the event that more than one agency is responsible
for the | ||||||
16 | arrest, the amount payable to law enforcement agencies shall be | ||||||
17 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
18 | under this subsection (j) shall be used for enforcement and | ||||||
19 | prevention of driving while under the influence of alcohol, | ||||||
20 | other drug or drugs, intoxicating compound or compounds or any | ||||||
21 | combination thereof, as defined by this Section, including but | ||||||
22 | not limited to the purchase of law
enforcement equipment and | ||||||
23 | commodities that will assist in the prevention of alcohol | ||||||
24 | related
criminal violence throughout the State; police officer | ||||||
25 | training and education in areas related to alcohol related | ||||||
26 | crime, including but not limited to DUI training; and police |
| |||||||
| |||||||
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 | shall include, but are not limited
to, in-car video cameras, | ||||||
5 | radar and laser speed detection devices, and alcohol
breath | ||||||
6 | testers.
Any moneys received by the Department of State Police | ||||||
7 | under this subsection
(j) shall be deposited into the State | ||||||
8 | 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
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 |
| |||||||
| |||||||
1 | combination thereof, as defined by this Section, including but | ||||||
2 | not limited to the purchase of law enforcement equipment and | ||||||
3 | commodities to assist in the prevention of
alcohol related | ||||||
4 | criminal violence throughout the State; police officer | ||||||
5 | training and education in areas related to alcohol related | ||||||
6 | crime, including but not limited to DUI training; and police | ||||||
7 | officer salaries, including but not limited to salaries for | ||||||
8 | hire back funding for safety checkpoints, saturation patrols, | ||||||
9 | and liquor store sting operations.
| ||||||
10 | (l) Whenever an individual is sentenced for an offense | ||||||
11 | based upon an
arrest for a violation of subsection (a) or a | ||||||
12 | similar provision of a local
ordinance, and the professional | ||||||
13 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
14 | education, neither the treatment nor the education
shall be the | ||||||
15 | sole disposition and either or both may be imposed only in
| ||||||
16 | conjunction with another disposition. The court shall monitor | ||||||
17 | compliance with
any remedial education or treatment | ||||||
18 | recommendations contained in the
professional evaluation. | ||||||
19 | Programs conducting alcohol or other drug evaluation
or | ||||||
20 | remedial education must be licensed by the Department of Human | ||||||
21 | Services. If
the individual is not a resident of Illinois, | ||||||
22 | however, the court may accept an
alcohol or other drug | ||||||
23 | evaluation or remedial education program in the
individual's | ||||||
24 | state of residence. Programs providing treatment must be | ||||||
25 | licensed
under existing applicable alcoholism and drug | ||||||
26 | treatment licensure standards.
|
| |||||||
| |||||||
1 | (m) In addition to any other fine or penalty required by | ||||||
2 | law, an individual
convicted of a 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, whose operation of a motor vehicle, | ||||||
6 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
7 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
8 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
9 | similar
provision proximately caused an incident resulting in | ||||||
10 | an appropriate emergency
response, shall be required to make | ||||||
11 | restitution to a public agency for the
costs of that emergency | ||||||
12 | response. The restitution may not exceed $1,000 per
public | ||||||
13 | agency for each emergency response. As used in this subsection | ||||||
14 | (m),
"emergency response" means any incident requiring a | ||||||
15 | response by a police
officer, a firefighter carried on the | ||||||
16 | rolls of a regularly constituted fire
department, or an | ||||||
17 | ambulance.
| ||||||
18 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
19 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
20 | 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. | ||||||
21 | 6-28-06.)
| ||||||
22 | (Text of Section from P.A. 94-110 and 94-963) | ||||||
23 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
24 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof.
|
| |||||||
| |||||||
1 | (a) A person shall not drive or be in actual
physical | ||||||
2 | control of any vehicle within this State while:
| ||||||
3 | (1) the alcohol concentration in the person's blood or | ||||||
4 | breath is 0.08
or more based on the definition of blood and | ||||||
5 | breath units in Section 11-501.2;
| ||||||
6 | (2) under the influence of alcohol;
| ||||||
7 | (3) under the influence of any intoxicating compound or | ||||||
8 | combination of
intoxicating compounds to a degree that | ||||||
9 | renders the person incapable of
driving safely;
| ||||||
10 | (4) under the influence of any other drug or | ||||||
11 | combination of drugs to a
degree that renders the person | ||||||
12 | incapable of safely driving;
| ||||||
13 | (5) under the combined influence of alcohol, other drug | ||||||
14 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
15 | that renders the person
incapable of safely driving; or
| ||||||
16 | (6) there is any amount of a drug, substance, or | ||||||
17 | compound in the
person's breath, blood, or urine resulting | ||||||
18 | from the unlawful use or consumption
of cannabis listed in | ||||||
19 | the Cannabis Control Act, a controlled substance listed
in | ||||||
20 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
21 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
22 | (b) The fact that any person charged with violating this | ||||||
23 | Section is or
has been legally entitled to use alcohol, other | ||||||
24 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
25 | combination thereof, shall not constitute a defense against any | ||||||
26 | charge of
violating this Section.
|
| |||||||
| |||||||
1 | (b-1) With regard to penalties imposed under this Section:
| ||||||
2 | (1) Any reference to a prior violation of subsection | ||||||
3 | (a) or a similar
provision includes any violation of a | ||||||
4 | provision of a local ordinance or a
provision of a law of | ||||||
5 | another state that is similar to a violation of
subsection | ||||||
6 | (a) of this Section.
| ||||||
7 | (2) Any penalty imposed for driving with a license that | ||||||
8 | has been revoked
for a previous violation of subsection (a) | ||||||
9 | of this Section shall be in
addition to the penalty imposed | ||||||
10 | for any subsequent violation of subsection (a).
| ||||||
11 | (b-2) Except as otherwise provided in this Section, any | ||||||
12 | person convicted of
violating subsection (a) of this Section is | ||||||
13 | guilty of a Class A misdemeanor.
| ||||||
14 | (b-3) In addition to any other criminal or administrative | ||||||
15 | sanction for any
second conviction of violating subsection (a) | ||||||
16 | or a similar provision committed
within 5 years of a previous | ||||||
17 | violation of subsection (a) or a similar
provision, the | ||||||
18 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
19 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
20 | community service
as may be determined by the court.
| ||||||
21 | (b-4) In the case of a third or subsequent violation | ||||||
22 | committed within 5
years of a previous violation of subsection | ||||||
23 | (a) or a similar provision, in
addition to any other criminal | ||||||
24 | or administrative sanction, a mandatory minimum
term of either | ||||||
25 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
26 | be imposed.
|
| |||||||
| |||||||
1 | (b-5) The imprisonment or assignment of community service | ||||||
2 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
3 | suspension, nor shall the person be
eligible for a reduced | ||||||
4 | sentence.
| ||||||
5 | (c) (Blank).
| ||||||
6 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
7 | period in which his
or her driving privileges are revoked | ||||||
8 | or suspended, where the revocation or
suspension was for a | ||||||
9 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
10 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
11 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
12 | Class 4 felony.
| ||||||
13 | (2) A person who violates subsection (a) a third
time, | ||||||
14 | if the third violation occurs during a period in
which his | ||||||
15 | or her driving privileges are revoked or suspended where | ||||||
16 | the
revocation
or suspension was for a violation of | ||||||
17 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
18 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
19 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
20 | felony; and if the
person receives a term of
probation or | ||||||
21 | conditional discharge, he or she shall be required to serve | ||||||
22 | a
mandatory
minimum of 10 days of imprisonment or shall be | ||||||
23 | assigned a mandatory minimum of
480 hours of community | ||||||
24 | service, as may be determined by the court, as a
condition | ||||||
25 | of the probation or conditional discharge. This mandatory | ||||||
26 | minimum
term of imprisonment or assignment of community |
| |||||||
| |||||||
1 | service shall not be suspended
or reduced by the court.
| ||||||
2 | (2.2) A person who violates subsection (a), if the
| ||||||
3 | violation occurs during a period in which his or her | ||||||
4 | driving privileges are
revoked or suspended where the | ||||||
5 | revocation or suspension was for a violation of
subsection | ||||||
6 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
7 | additional
mandatory minimum term of 30 consecutive days of | ||||||
8 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
9 | 720 hours of community service, as may be
determined by the | ||||||
10 | court. This mandatory term of imprisonment or assignment of
| ||||||
11 | community service shall not be suspended or reduced by the | ||||||
12 | court.
| ||||||
13 | (3) A person who violates subsection (a) a fourth or
| ||||||
14 | subsequent time, if the fourth or subsequent violation | ||||||
15 | occurs
during a period in which his
or her driving | ||||||
16 | privileges are revoked or suspended where the revocation
or | ||||||
17 | suspension was for a violation of subsection (a),
Section | ||||||
18 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
19 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
20 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
21 | a sentence of probation or
conditional discharge.
| ||||||
22 | (c-2) (Blank).
| ||||||
23 | (c-3) (Blank).
| ||||||
24 | (c-4) (Blank).
| ||||||
25 | (c-5) Except as provided in subsection (c-5.1), a person 21 | ||||||
26 | years of age or older who violates subsection (a), if the |
| |||||||
| |||||||
1 | person was transporting
a person under the age of 16 at the | ||||||
2 | time of the violation, is subject to 6 months of imprisonment, | ||||||
3 | an
additional mandatory minimum fine of $1,000, and 25 days of | ||||||
4 | community service in a program benefiting children. The | ||||||
5 | imprisonment or assignment of community service under this
| ||||||
6 | subsection (c-5) is not subject to suspension, nor is the | ||||||
7 | person eligible for
a reduced sentence.
| ||||||
8 | (c-5.1) A person 21 years of age or older who is convicted | ||||||
9 | of violating subsection (a) of this Section
a
first time and | ||||||
10 | who in committing that violation was involved in a motor | ||||||
11 | vehicle
accident that resulted in bodily harm to the child | ||||||
12 | under the age of 16 being
transported by the person, if the | ||||||
13 | violation was the proximate cause of the
injury, is guilty of a | ||||||
14 | Class 4 felony and is subject to one year of
imprisonment,
a | ||||||
15 | mandatory fine of $2,500, and 25 days of community service in a | ||||||
16 | program
benefiting children. The imprisonment or assignment to | ||||||
17 | community service under
this subsection (c-5.1) shall not be | ||||||
18 | subject to suspension, nor shall the person be
eligible for | ||||||
19 | probation in order to reduce the sentence or assignment.
| ||||||
20 | (c-6) Except as provided in subsections (c-7) and (c-7.1), | ||||||
21 | a person 21 years of age or older who
violates
subsection (a) a | ||||||
22 | second time, if at the time of
the second violation the person | ||||||
23 | was transporting a person under the age of 16,
is subject to 6 | ||||||
24 | months of imprisonment, an additional mandatory
minimum fine of | ||||||
25 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
26 | community service, which shall include 40 hours of community |
| |||||||
| |||||||
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-7.1), any person | ||||||
6 | 21 years of age or older convicted of
violating subsection | ||||||
7 | (c-6) or a similar
provision within 10 years of a previous | ||||||
8 | violation of subsection (a) or a
similar provision is guilty of | ||||||
9 | a Class 4 felony and, in addition to any other penalty imposed, | ||||||
10 | is subject to one year of
imprisonment, 25 days of mandatory
| ||||||
11 | community service in a program benefiting children, and a | ||||||
12 | mandatory
fine of $2,500. The imprisonment or assignment of | ||||||
13 | community service under this
subsection (c-7) is not subject to | ||||||
14 | suspension, nor is the person
eligible for a reduced sentence.
| ||||||
15 | (c-7.1) A person 21 years of age or older who is convicted | ||||||
16 | of violating subsection (a) of this Section
a
second time | ||||||
17 | within 10 years and who in committing that violation was | ||||||
18 | involved
in a motor vehicle accident that resulted in bodily | ||||||
19 | harm to the child under the
age of 16 being transported, if the | ||||||
20 | violation was the proximate cause of the
injury, is guilty of a | ||||||
21 | Class 4 felony and is subject to 18 months of
imprisonment, a
| ||||||
22 | mandatory fine of $5,000, and 25 days of community service in a | ||||||
23 | program
benefiting
children. The imprisonment or assignment to | ||||||
24 | community service under this
subsection
(c-7.1) shall not be | ||||||
25 | subject to suspension, nor shall the person be eligible for
| ||||||
26 | probation in order
to reduce the sentence or assignment.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | the age of 16 or while the alcohol
concentration in his or her | ||||||
2 | blood, breath, or urine was 0.16 or more based
on the | ||||||
3 | definition of blood, breath, or urine units in Section | ||||||
4 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
5 | probation or conditional
discharge, and is subject to a minimum | ||||||
6 | fine of $25,000.
| ||||||
7 | (c-12) Any person convicted of a first violation of | ||||||
8 | subsection (a) or a
similar provision, if the alcohol | ||||||
9 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
10 | more based on the definition of blood, breath, or urine
units | ||||||
11 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
12 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
13 | hours of community service
and a mandatory minimum fine of | ||||||
14 | $500.
| ||||||
15 | (c-13) Any person convicted of a second violation of | ||||||
16 | subsection (a) or a similar provision committed within 10 years | ||||||
17 | of a previous violation of subsection (a) or a similar | ||||||
18 | provision, if at the time of the second violation of subsection | ||||||
19 | (a) or a similar provision the
alcohol concentration in his or | ||||||
20 | her blood, breath, or urine was 0.16 or more
based on the | ||||||
21 | definition of blood, breath, or urine units in Section | ||||||
22 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
23 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
24 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
25 | (c-14) Any person convicted of a third violation of | ||||||
26 | subsection (a) or a
similar provision within 20 years of a |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
1 | thereof if:
| ||||||
2 | (A) the person committed a violation of subsection | ||||||
3 | (a) or a similar
provision for the
third or subsequent | ||||||
4 | time;
| ||||||
5 | (B) the person committed a violation of subsection | ||||||
6 | (a)
while
driving a school bus with persons 18 years of | ||||||
7 | age or younger
on board;
| ||||||
8 | (C) the person in committing a violation of | ||||||
9 | subsection
(a) was
involved in a motor vehicle accident | ||||||
10 | that resulted in great bodily harm or
permanent | ||||||
11 | disability or disfigurement to another, when the | ||||||
12 | violation was
a proximate cause of the injuries;
| ||||||
13 | (D) the person committed a violation of subsection | ||||||
14 | (a)
for a
second time and has been previously convicted | ||||||
15 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
16 | or a similar provision of a law of another state | ||||||
17 | relating to reckless homicide in which the person was
| ||||||
18 | determined to have been under the influence of alcohol, | ||||||
19 | other drug or
drugs, or intoxicating compound or | ||||||
20 | compounds as an element of the offense or
the person | ||||||
21 | has previously been convicted
under subparagraph (C) | ||||||
22 | or subparagraph (F) of this paragraph (1);
| ||||||
23 | (E) the person, in committing a violation of | ||||||
24 | subsection (a) while
driving at any speed in a school | ||||||
25 | speed zone at a time when a speed limit of
20 miles per | ||||||
26 | hour was in effect under subsection (a) of Section |
| |||||||
| |||||||
1 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
2 | accident that resulted in bodily
harm, other than great | ||||||
3 | bodily harm or permanent disability or disfigurement,
| ||||||
4 | to another person, when the violation of subsection (a) | ||||||
5 | was a
proximate cause
of the bodily harm; or
| ||||||
6 | (F) the person, in committing a violation of | ||||||
7 | subsection (a), was
involved in a motor vehicle, | ||||||
8 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
9 | accident that resulted in
the death of another person, | ||||||
10 | when the violation of subsection
(a) was
a proximate | ||||||
11 | cause of the death.
| ||||||
12 | (2) Except as provided in this paragraph (2), a person | ||||||
13 | convicted of
aggravated driving under
the
influence of | ||||||
14 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
15 | compounds, or any
combination thereof is guilty of a Class | ||||||
16 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
17 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
18 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
19 | one year nor more than 12 years.
Aggravated driving under | ||||||
20 | the influence of alcohol, other drug or drugs,
or | ||||||
21 | intoxicating compound or compounds, or any combination | ||||||
22 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
23 | this subsection (d) is
a Class 2 felony, for which the | ||||||
24 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
25 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
26 | years and not more
than 14 years if the violation resulted |
| |||||||
| |||||||
1 | in the death of one person; or
(B) a term of imprisonment | ||||||
2 | of not less than 6 years and not
more than 28 years if the | ||||||
3 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
4 | any prosecution under this subsection
(d), a certified copy | ||||||
5 | of the
driving abstract of the defendant shall be admitted | ||||||
6 | as proof of any prior
conviction.
Any person sentenced | ||||||
7 | under this subsection (d) who receives a term of
probation
| ||||||
8 | or conditional discharge must serve a minimum term of | ||||||
9 | either 480 hours of
community service or 10 days of | ||||||
10 | imprisonment as a condition of the probation or
conditional | ||||||
11 | discharge. This mandatory minimum term of imprisonment or
| ||||||
12 | assignment of community service may not be suspended or | ||||||
13 | reduced by the court.
| ||||||
14 | (e) After a finding of guilt and prior to any final | ||||||
15 | sentencing, or an
order for supervision, for an offense based | ||||||
16 | upon an arrest for a
violation of this Section or a similar | ||||||
17 | provision of a local ordinance,
individuals shall be required | ||||||
18 | to undergo a professional evaluation to
determine if an | ||||||
19 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
20 | and the
extent of the problem, and undergo the imposition of | ||||||
21 | treatment as appropriate.
Programs conducting these | ||||||
22 | evaluations shall be
licensed by the Department of Human | ||||||
23 | Services. The cost of any professional
evaluation shall be paid | ||||||
24 | for by the
individual
required to undergo the professional | ||||||
25 | evaluation.
| ||||||
26 | (e-1) Any person who is found guilty of or pleads guilty to |
| |||||||
| |||||||
1 | violating this
Section, including any person receiving a | ||||||
2 | disposition of court supervision for
violating this Section, | ||||||
3 | may be required by the Court to attend a victim
impact panel | ||||||
4 | offered by, or under contract with, a County State's Attorney's
| ||||||
5 | office, a probation and court services department, Mothers | ||||||
6 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
7 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
8 | be paid from fees collected from the
offender or as may be | ||||||
9 | determined by the court.
| ||||||
10 | (f) Every person found guilty of violating this Section, | ||||||
11 | whose
operation of a motor vehicle while in violation of this | ||||||
12 | Section proximately
caused any incident resulting in an | ||||||
13 | appropriate emergency response, shall
be liable for the expense | ||||||
14 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
15 | Unified Code of Corrections.
| ||||||
16 | (g) The Secretary of State shall revoke the driving | ||||||
17 | privileges of any
person convicted under this Section or a | ||||||
18 | similar provision of a local
ordinance.
| ||||||
19 | (h) (Blank).
| ||||||
20 | (i) The Secretary of State shall require the installation | ||||||
21 | and continuous use of ignition interlock
devices on all | ||||||
22 | vehicles owned by an individual who has been convicted of a
| ||||||
23 | first, second, or third violation
second
or subsequent offense
| ||||||
24 | of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
25 | similar provision of a local
ordinance. The Secretary shall | ||||||
26 | establish by rule and regulation the procedures
for |
| |||||||
| |||||||
1 | certification and use of the ignition interlock system.
| ||||||
2 | The ignition interlock device installed in the vehicle of a | ||||||
3 | person convicted of a first, second, or third violation of | ||||||
4 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
5 | remain installed until the individual's driver's license has | ||||||
6 | been reinstated. Individuals with a fourth or subsequent | ||||||
7 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
8 | of this Section must install and maintain ignition interlock | ||||||
9 | devices on all vehicles they own and must keep the devices on | ||||||
10 | those vehicles indefinitely. Individuals who have been | ||||||
11 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
12 | this Section or a similar provision of a local ordinance but do | ||||||
13 | not own a vehicle must either: use a transdermal alcohol | ||||||
14 | monitoring device until the individual's driver's license has | ||||||
15 | been reinstated or install an ignition interlock device in a | ||||||
16 | vehicle not owned by the individual until the individual's | ||||||
17 | driver's license has been reinstated. Upon installation, the | ||||||
18 | individual shall pay to the Secretary of State DUI | ||||||
19 | Administration Fund an annual fee of $120 and shall continue to | ||||||
20 | pay this fee annually until the individual's driver's license | ||||||
21 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
22 | for the collection of this fee and for its payment in monthly | ||||||
23 | increments for necessary periods of less than one year.
| ||||||
24 | (i-1) Individuals convicted of violating subsection (i) | ||||||
25 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
26 | a sentence of probation or conditional discharge, and shall, in |
| |||||||
| |||||||
1 | addition to any other penalty imposed, be subject to a | ||||||
2 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
3 | suspended or reduced by the court.
| ||||||
4 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
5 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
6 | shall not be eligible for a sentence of probation or | ||||||
7 | conditional discharge, and shall, in addition to any other | ||||||
8 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
9 | months. This term of imprisonment shall not be suspended or | ||||||
10 | reduced by the court.
| ||||||
11 | (j) In addition to any other penalties and liabilities, a | ||||||
12 | person who is
found guilty of or pleads guilty to violating | ||||||
13 | subsection (a), including any
person placed on court | ||||||
14 | supervision for violating subsection (a), shall be fined
$500, | ||||||
15 | payable to the
circuit clerk, who shall distribute the money as | ||||||
16 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
17 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
18 | into the General Revenue Fund. If the person has been | ||||||
19 | previously convicted of violating
subsection (a) or a similar | ||||||
20 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
21 | the event that more than one agency is responsible
for the | ||||||
22 | arrest, the amount payable to law enforcement agencies shall be | ||||||
23 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
24 | under this subsection (j) shall be used for enforcement and | ||||||
25 | prevention of driving while under the influence of alcohol, | ||||||
26 | other drug or drugs, intoxicating compound or compounds or any |
| |||||||
| |||||||
1 | combination thereof, as defined by this Section, including but | ||||||
2 | not limited to the purchase of law
enforcement equipment and | ||||||
3 | commodities that will assist in the prevention of alcohol | ||||||
4 | related
criminal violence throughout the State; police officer | ||||||
5 | training and education in areas related to alcohol related | ||||||
6 | crime, including but not limited to DUI training; and police | ||||||
7 | officer salaries, including but not limited to salaries for | ||||||
8 | hire back funding for safety checkpoints, saturation patrols, | ||||||
9 | and liquor store sting operations. Equipment and commodities | ||||||
10 | shall include, but are not limited
to, in-car video cameras, | ||||||
11 | radar and laser speed detection devices, and alcohol
breath | ||||||
12 | testers.
Any moneys received by the Department of State Police | ||||||
13 | under this subsection
(j) shall be deposited into the State | ||||||
14 | Police DUI Fund and 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
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.
| ||||||
26 | (k) The Secretary of State Police DUI Fund is created as a |
| |||||||
| |||||||
1 | special
fund in the State treasury. All moneys received by the | ||||||
2 | Secretary of State
Police under subsection (j) of this Section | ||||||
3 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
4 | and, subject to appropriation, shall be
used for enforcement | ||||||
5 | and 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 purchase of law enforcement equipment and | ||||||
9 | commodities to assist in the prevention of
alcohol related | ||||||
10 | 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.
| ||||||
16 | (l) Whenever an individual is sentenced for an offense | ||||||
17 | based upon an
arrest for a violation of subsection (a) or a | ||||||
18 | similar provision of a local
ordinance, and the professional | ||||||
19 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
20 | education, neither the treatment nor the education
shall be the | ||||||
21 | sole disposition and either or both may be imposed only in
| ||||||
22 | conjunction with another disposition. The court shall monitor | ||||||
23 | compliance with
any remedial education or treatment | ||||||
24 | recommendations contained in the
professional evaluation. | ||||||
25 | Programs conducting alcohol or other drug evaluation
or | ||||||
26 | remedial education must be licensed by the Department of Human |
| |||||||
| |||||||
1 | 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; 94-110, eff. 1-1-06; 94-963, eff. |
| |||||||
| |||||||
1 | 6-28-06.)
| ||||||
2 | (Text of Section from P.A. 94-113, 94-609, and 94-963) | ||||||
3 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
4 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
5 | combination thereof.
| ||||||
6 | (a) A person shall not drive or be in actual
physical | ||||||
7 | control of any vehicle within this State while:
| ||||||
8 | (1) the alcohol concentration in the person's blood or | ||||||
9 | breath is 0.08
or more based on the definition of blood and | ||||||
10 | breath units in Section 11-501.2;
| ||||||
11 | (2) under the influence of alcohol;
| ||||||
12 | (3) under the influence of any intoxicating compound or | ||||||
13 | combination of
intoxicating compounds to a degree that | ||||||
14 | renders the person incapable of
driving safely;
| ||||||
15 | (4) under the influence of any other drug or | ||||||
16 | combination of drugs to a
degree that renders the person | ||||||
17 | incapable of safely driving;
| ||||||
18 | (5) under the combined influence of alcohol, other drug | ||||||
19 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
20 | that renders the person
incapable of safely driving; or
| ||||||
21 | (6) there is any amount of a drug, substance, or | ||||||
22 | compound in the
person's breath, blood, or urine resulting | ||||||
23 | from the unlawful use or consumption
of cannabis listed in | ||||||
24 | the Cannabis Control Act, a controlled substance listed
in | ||||||
25 | the Illinois Controlled Substances Act, or an intoxicating |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
1 | (b-4) In the case of a third or subsequent violation | ||||||
2 | committed within 5
years of a previous violation of subsection | ||||||
3 | (a) or a similar provision, in
addition to any other criminal | ||||||
4 | or administrative sanction, a mandatory minimum
term of either | ||||||
5 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
6 | be imposed.
| ||||||
7 | (b-5) The imprisonment or assignment of community service | ||||||
8 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
9 | suspension, nor shall the person be
eligible for a reduced | ||||||
10 | sentence.
| ||||||
11 | (c) (Blank).
| ||||||
12 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
13 | period in which his
or her driving privileges are revoked | ||||||
14 | or suspended, where the revocation or
suspension was for a | ||||||
15 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
16 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
17 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
18 | Class 4 felony.
| ||||||
19 | (2) A person who violates subsection (a) a third
time, | ||||||
20 | if the third violation occurs during a period in
which his | ||||||
21 | or her driving privileges are revoked or suspended where | ||||||
22 | the
revocation
or suspension was for a violation of | ||||||
23 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
24 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
25 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
26 | felony. |
| |||||||
| |||||||
1 | (2.1) A person who violates subsection (a) a third | ||||||
2 | time, if the third
violation occurs during a period in | ||||||
3 | which his or her driving privileges are
revoked or | ||||||
4 | suspended where the revocation or suspension was for a | ||||||
5 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
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 3 felony; and if the
person receives a term of
| ||||||
9 | probation or conditional discharge, he or she shall be | ||||||
10 | required to serve a
mandatory
minimum of 10 days of | ||||||
11 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
12 | 480 hours of community service, as may be determined by the | ||||||
13 | court, as a
condition of the probation or conditional | ||||||
14 | discharge. This mandatory minimum
term of imprisonment or | ||||||
15 | assignment of community service shall not be suspended
or | ||||||
16 | reduced by the court.
| ||||||
17 | (2.2) A person who violates subsection (a), if the
| ||||||
18 | violation occurs during a period in which his or her | ||||||
19 | driving privileges are
revoked or suspended where the | ||||||
20 | revocation or suspension was for a violation of
subsection | ||||||
21 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
22 | additional
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 |
| |||||||
| |||||||
1 | court.
| ||||||
2 | (3) A person who violates subsection (a) a fourth or
| ||||||
3 | subsequent time, if the fourth or subsequent violation | ||||||
4 | occurs
during a period in which his
or her driving | ||||||
5 | privileges are revoked or suspended where the revocation
or | ||||||
6 | suspension was for a violation of subsection (a),
Section | ||||||
7 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
8 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
9 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
10 | a sentence of probation or
conditional discharge.
| ||||||
11 | (c-2) (Blank).
| ||||||
12 | (c-3) (Blank).
| ||||||
13 | (c-4) (Blank).
| ||||||
14 | (c-5) A person who violates subsection (a), if the person | ||||||
15 | was transporting
a person under the age of 16 at the time of | ||||||
16 | the violation, is subject to an
additional mandatory minimum | ||||||
17 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
18 | community service, which shall include 40 hours of community
| ||||||
19 | service in a program benefiting children, and an additional 2 | ||||||
20 | days of
imprisonment. The imprisonment or assignment of | ||||||
21 | community service under this
subsection (c-5) is not subject to | ||||||
22 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
23 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
24 | person who
violates
subsection (a) a second time, if at the | ||||||
25 | time of
the second violation the person was transporting a | ||||||
26 | person under the age of 16,
is subject to an additional 10 days |
| |||||||
| |||||||
1 | of imprisonment, an additional mandatory
minimum fine of | ||||||
2 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
3 | community service, which shall include 40 hours of community | ||||||
4 | service in a
program benefiting children.
The imprisonment or | ||||||
5 | assignment of community service under this subsection (c-6)
is | ||||||
6 | not subject to suspension, nor is the person eligible for a | ||||||
7 | reduced
sentence.
| ||||||
8 | (c-7) Except as provided in subsection (c-8), any person | ||||||
9 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
10 | within 10 years of a previous violation of subsection (a) or a
| ||||||
11 | similar provision shall receive, in addition to any other | ||||||
12 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
13 | additional 40 hours of mandatory
community service in a program | ||||||
14 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
15 | The imprisonment or assignment of community service under this
| ||||||
16 | subsection (c-7) is not subject to suspension, nor is the | ||||||
17 | person
eligible for a reduced sentence.
| ||||||
18 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
19 | a similar
provision within 5 years of a previous violation of | ||||||
20 | subsection (a) or a similar
provision shall receive, in | ||||||
21 | addition to any other penalty imposed, an
additional 80 hours | ||||||
22 | of mandatory community service in a program benefiting
| ||||||
23 | children, an additional mandatory minimum 12 days of | ||||||
24 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
25 | imprisonment or assignment of community
service under this | ||||||
26 | subsection (c-8) is not subject to suspension, nor
is the
|
| |||||||
| |||||||
1 | person eligible for a reduced sentence.
| ||||||
2 | (c-9) Any person convicted a third time for violating | ||||||
3 | subsection (a) or a
similar provision, if at the time of the | ||||||
4 | third violation the person was
transporting a person under the | ||||||
5 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
6 | addition to any other
penalty imposed, an additional mandatory | ||||||
7 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
8 | service, which shall include 40 hours in a
program benefiting | ||||||
9 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
10 | imprisonment or assignment of community service under this | ||||||
11 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
12 | person eligible for a reduced
sentence.
| ||||||
13 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
14 | or a similar
provision a third time within 20 years of a | ||||||
15 | previous violation of subsection
(a) or a
similar provision is | ||||||
16 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
17 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
18 | community
service in a program benefiting children, an | ||||||
19 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
20 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
21 | community service under this subsection (c-10) is not subject | ||||||
22 | to
suspension, nor is the person eligible for a reduced | ||||||
23 | sentence.
| ||||||
24 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
25 | violating
subsection (a) or a similar provision, if at the time | ||||||
26 | of the fourth or
subsequent violation the person was |
| |||||||
| |||||||
1 | transporting a person under the age of 16,
and if the person's | ||||||
2 | 3 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, breath, or | ||||||
5 | urine was 0.16 or more based
on the definition of blood, | ||||||
6 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
7 | Class 2 felony, is not eligible for probation or conditional
| ||||||
8 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
9 | (c-12) Any person convicted of a first violation of | ||||||
10 | subsection (a) or a
similar provision, if the alcohol | ||||||
11 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
12 | more based on the definition of blood, breath, or urine
units | ||||||
13 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
14 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
15 | hours of community service
and a mandatory minimum fine of | ||||||
16 | $500.
| ||||||
17 | (c-13) Any person convicted of a second violation of | ||||||
18 | subsection (a) or a similar provision committed within 10 years | ||||||
19 | of a previous violation of subsection (a) or a similar | ||||||
20 | provision committed within 10 years of a previous violation of | ||||||
21 | subsection (a) or a similar provision, if at the time of the | ||||||
22 | second violation of subsection (a) the
alcohol concentration in | ||||||
23 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
24 | the definition of blood, breath, or urine units in Section | ||||||
25 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
26 | that may be imposed, to a mandatory
minimum of 2 days of |
| |||||||
| |||||||
1 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
2 | (c-14) Any person convicted of a third violation of | ||||||
3 | subsection (a) or a
similar provision within 20 years of a | ||||||
4 | previous violation of subsection (a) or
a
similar provision, if | ||||||
5 | at the time of the third violation of subsection (a) or a
| ||||||
6 | similar provision the alcohol concentration in his or her | ||||||
7 | blood, breath, or
urine was 0.16 or more based on the | ||||||
8 | definition of blood, breath, or urine units
in Section | ||||||
9 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
10 | in
addition to any other penalty that may be imposed, to a | ||||||
11 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
12 | minimum fine of $2,500.
| ||||||
13 | (c-15) Any person convicted of a fourth or subsequent | ||||||
14 | violation of
subsection
(a) or a similar provision, if at the | ||||||
15 | time of the fourth or subsequent
violation 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, and if the person's 3 prior violations of | ||||||
19 | subsection (a) or a
similar provision occurred while | ||||||
20 | transporting a person under the age of 16 or
while the alcohol | ||||||
21 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
22 | more based on the definition of blood, breath, or urine units | ||||||
23 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
24 | eligible for a sentence of
probation or conditional discharge | ||||||
25 | and is subject to a minimum fine of
$2,500.
| ||||||
26 | (d) (1) Every person convicted of committing a violation of |
| |||||||
| |||||||
1 | this Section
shall be guilty of aggravated driving under | ||||||
2 | the influence of alcohol,
other drug or drugs, or | ||||||
3 | intoxicating compound or compounds, or any combination
| ||||||
4 | thereof if:
| ||||||
5 | (A) the person committed a violation of subsection | ||||||
6 | (a) or a similar
provision for the
third or subsequent | ||||||
7 | time;
| ||||||
8 | (B) the person committed a violation of subsection | ||||||
9 | (a)
while
driving a school bus with persons 18 years of | ||||||
10 | age or younger
on board;
| ||||||
11 | (C) the person in committing a violation of | ||||||
12 | subsection
(a) was
involved in a motor vehicle accident | ||||||
13 | that resulted in great bodily harm or
permanent | ||||||
14 | disability or disfigurement to another, when the | ||||||
15 | violation was
a proximate cause of the injuries;
| ||||||
16 | (D) the person committed a violation of subsection | ||||||
17 | (a)
for a
second time and has been previously convicted | ||||||
18 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
19 | or a similar provision of a law of another state | ||||||
20 | relating to reckless homicide in which the person was
| ||||||
21 | determined to have been under the influence of alcohol, | ||||||
22 | other drug or
drugs, or intoxicating compound or | ||||||
23 | compounds as an element of the offense or
the person | ||||||
24 | has previously been convicted
under subparagraph (C) | ||||||
25 | or subparagraph (F) of this paragraph (1);
| ||||||
26 | (E) the person, in committing a violation of |
| |||||||
| |||||||
1 | subsection (a) while
driving at any speed in a school | ||||||
2 | speed zone at a time when a speed limit of
20 miles per | ||||||
3 | hour was in effect under subsection (a) of Section | ||||||
4 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
5 | accident that resulted in bodily
harm, other than great | ||||||
6 | bodily harm or permanent disability or disfigurement,
| ||||||
7 | to another person, when the violation of subsection (a) | ||||||
8 | was a
proximate cause
of the bodily harm; or
| ||||||
9 | (F) the person, in committing a violation of | ||||||
10 | subsection (a), was
involved in a motor vehicle, | ||||||
11 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
12 | accident that resulted in
the death of another person, | ||||||
13 | when the violation of subsection
(a) was
a proximate | ||||||
14 | cause of the death.
| ||||||
15 | (2) Except as provided in this paragraph (2), a person | ||||||
16 | convicted of
aggravated driving under
the
influence of | ||||||
17 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
18 | compounds, or any
combination thereof is guilty of a Class | ||||||
19 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
20 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
21 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
22 | one year nor more than 12 years.
Aggravated driving under | ||||||
23 | the influence of alcohol, other drug or drugs,
or | ||||||
24 | intoxicating compound or compounds, or any combination | ||||||
25 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
26 | this subsection (d) is
a Class 2 felony, for which the |
| |||||||
| |||||||
1 | defendant, unless the court determines that extraordinary | ||||||
2 | circumstances exist and require probation, shall be | ||||||
3 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
4 | years and not more
than 14 years if the violation resulted | ||||||
5 | in the death of one person; or
(B) a term of imprisonment | ||||||
6 | of not less than 6 years and not
more than 28 years if the | ||||||
7 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
8 | any prosecution under this subsection
(d), a certified copy | ||||||
9 | of the
driving abstract of the defendant shall be admitted | ||||||
10 | as proof of any prior
conviction.
Any person sentenced | ||||||
11 | under this subsection (d) who receives a term of
probation
| ||||||
12 | or conditional discharge must serve a minimum term of | ||||||
13 | either 480 hours of
community service or 10 days of | ||||||
14 | imprisonment as a condition of the probation or
conditional | ||||||
15 | discharge. This mandatory minimum term of imprisonment or
| ||||||
16 | assignment of community service may not be suspended or | ||||||
17 | reduced by the court.
| ||||||
18 | (e) After a finding of guilt and prior to any final | ||||||
19 | sentencing, or an
order for supervision, for an offense based | ||||||
20 | upon an arrest for a
violation of this Section or a similar | ||||||
21 | provision of a local ordinance,
individuals shall be required | ||||||
22 | to undergo a professional evaluation to
determine if an | ||||||
23 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
24 | and the
extent of the problem, and undergo the imposition of | ||||||
25 | treatment as appropriate.
Programs conducting these | ||||||
26 | evaluations shall be
licensed by the Department of Human |
| |||||||
| |||||||
1 | Services. The cost of any professional
evaluation shall be paid | ||||||
2 | for by the
individual
required to undergo the professional | ||||||
3 | evaluation.
| ||||||
4 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
5 | violating this
Section, including any person receiving a | ||||||
6 | disposition of court supervision for
violating this Section, | ||||||
7 | may be required by the Court to attend a victim
impact panel | ||||||
8 | offered by, or under contract with, a County State's Attorney's
| ||||||
9 | office, a probation and court services department, Mothers | ||||||
10 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
11 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
12 | be paid from fees collected from the
offender or as may be | ||||||
13 | determined by the court.
| ||||||
14 | (f) Every person found guilty of violating this Section, | ||||||
15 | whose
operation of a motor vehicle while in violation of this | ||||||
16 | Section proximately
caused any incident resulting in an | ||||||
17 | appropriate emergency response, shall
be liable for the expense | ||||||
18 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (g) The Secretary of State shall revoke the driving | ||||||
21 | privileges of any
person convicted under this Section or a | ||||||
22 | similar provision of a local
ordinance.
| ||||||
23 | (h) (Blank).
| ||||||
24 | (i) The Secretary of State shall require the installation | ||||||
25 | and continuous use of ignition interlock
devices on all | ||||||
26 | vehicles owned by an individual who has been convicted of a
|
| |||||||
| |||||||
1 | first, second, or third violation
second
or subsequent offense
| ||||||
2 | of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
3 | similar provision of a local
ordinance. The Secretary shall | ||||||
4 | establish by rule and regulation the procedures
for | ||||||
5 | certification and use of the ignition interlock system.
| ||||||
6 | The ignition interlock device installed in the vehicle of a | ||||||
7 | person convicted of a first, second, or third violation of | ||||||
8 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
9 | remain installed until the individual's driver's license has | ||||||
10 | been reinstated. Individuals with a fourth or subsequent | ||||||
11 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
12 | of this Section must install and maintain ignition interlock | ||||||
13 | devices on all vehicles they own and must keep the devices on | ||||||
14 | those vehicles indefinitely. Individuals who have been | ||||||
15 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
16 | this Section or a similar provision of a local ordinance but do | ||||||
17 | not own a vehicle must either: use a transdermal alcohol | ||||||
18 | monitoring device until the individual's driver's license has | ||||||
19 | been reinstated or install an ignition interlock device in a | ||||||
20 | vehicle not owned by the individual until the individual's | ||||||
21 | driver's license has been reinstated. Upon installation, the | ||||||
22 | individual shall pay to the Secretary of State DUI | ||||||
23 | Administration Fund an annual fee of $120 and shall continue to | ||||||
24 | pay this fee annually until the individual's driver's license | ||||||
25 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
26 | for the collection of this fee and for its payment in monthly |
| |||||||
| |||||||
1 | increments for necessary periods of less than one year.
| ||||||
2 | (i-1) Individuals convicted of violating subsection (i) | ||||||
3 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
4 | a sentence of probation or conditional discharge, and shall, in | ||||||
5 | addition to any other penalty imposed, be subject to a | ||||||
6 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
7 | suspended or reduced by the court.
| ||||||
8 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
9 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
10 | shall not be eligible for a sentence of probation or | ||||||
11 | conditional discharge, and shall, in addition to any other | ||||||
12 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
13 | months. This term of imprisonment shall not be suspended or | ||||||
14 | reduced by the court.
| ||||||
15 | (j) In addition to any other penalties and liabilities, a | ||||||
16 | person who is
found guilty of or pleads guilty to violating | ||||||
17 | subsection (a), including any
person placed on court | ||||||
18 | supervision for violating subsection (a), shall be fined
$500, | ||||||
19 | payable to the
circuit clerk, who shall distribute the money as | ||||||
20 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
21 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
22 | into the General Revenue Fund. If the person has been | ||||||
23 | previously convicted of violating
subsection (a) or a similar | ||||||
24 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
25 | the event that more than one agency is responsible
for the | ||||||
26 | arrest, the amount payable to law enforcement agencies shall be |
| |||||||
| |||||||
1 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
2 | under this subsection (j) shall be used for enforcement and | ||||||
3 | 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 purchase of law
enforcement equipment and | ||||||
7 | commodities that will assist in the prevention of alcohol | ||||||
8 | related
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. Equipment and commodities | ||||||
14 | shall include, but are not limited
to, in-car video cameras, | ||||||
15 | radar and laser speed detection devices, and alcohol
breath | ||||||
16 | testers.
Any moneys received by the Department of State Police | ||||||
17 | under this subsection
(j) shall be deposited into the State | ||||||
18 | Police DUI Fund and shall be used for enforcement and | ||||||
19 | prevention of driving while under the influence of alcohol, | ||||||
20 | other drug or drugs, intoxicating compound or compounds or any | ||||||
21 | combination thereof, as defined by this Section, including but | ||||||
22 | not limited to the
purchase of law enforcement equipment and | ||||||
23 | commodities that will assist in the prevention of
alcohol | ||||||
24 | related criminal violence throughout the State; police officer | ||||||
25 | training and education in areas related to alcohol related | ||||||
26 | crime, including but not limited to DUI training; and police |
| |||||||
| |||||||
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.
| ||||||
4 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
5 | special
fund in the State treasury. All moneys received by the | ||||||
6 | Secretary of State
Police under subsection (j) of this Section | ||||||
7 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
8 | and, subject to appropriation, shall be
used for enforcement | ||||||
9 | and 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 purchase of law enforcement equipment and | ||||||
13 | commodities to assist in the prevention of
alcohol related | ||||||
14 | 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 | (l) Whenever an individual is sentenced for an offense | ||||||
21 | based upon an
arrest for a violation of subsection (a) or a | ||||||
22 | similar provision of a local
ordinance, and the professional | ||||||
23 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
24 | education, neither the treatment nor the education
shall be the | ||||||
25 | sole disposition and either or both may be imposed only in
| ||||||
26 | conjunction with another disposition. The court shall monitor |
| |||||||
| |||||||
1 | compliance with
any remedial education or treatment | ||||||
2 | recommendations contained in the
professional evaluation. | ||||||
3 | Programs conducting alcohol or other drug evaluation
or | ||||||
4 | remedial education must be licensed by the Department of Human | ||||||
5 | Services. If
the individual is not a resident of Illinois, | ||||||
6 | however, the court may accept an
alcohol or other drug | ||||||
7 | evaluation or remedial education program in the
individual's | ||||||
8 | state of residence. Programs providing treatment must be | ||||||
9 | licensed
under existing applicable alcoholism and drug | ||||||
10 | treatment licensure standards.
| ||||||
11 | (m) In addition to any other fine or penalty required by | ||||||
12 | law, an individual
convicted of a 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, whose operation of a motor vehicle, | ||||||
16 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
17 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
18 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
19 | similar
provision proximately caused an incident resulting in | ||||||
20 | an appropriate emergency
response, shall be required to make | ||||||
21 | restitution to a public agency for the
costs of that emergency | ||||||
22 | response. The restitution may not exceed $1,000 per
public | ||||||
23 | agency for each emergency response. As used in this subsection | ||||||
24 | (m),
"emergency response" means any incident requiring a | ||||||
25 | response by a police
officer, a firefighter carried on the | ||||||
26 | rolls of a regularly constituted fire
department, or an |
| |||||||
| |||||||
1 | 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; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; | ||||||
5 | 94-963, eff. 6-28-06.)
| ||||||
6 | (Text of Section from P.A. 94-114 and 94-963) | ||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
8 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof.
| ||||||
10 | (a) A person shall not drive or be in actual
physical | ||||||
11 | control of any vehicle within this State while:
| ||||||
12 | (1) the alcohol concentration in the person's blood or | ||||||
13 | breath is 0.08
or more based on the definition of blood and | ||||||
14 | breath units in Section 11-501.2;
| ||||||
15 | (2) under the influence of alcohol;
| ||||||
16 | (3) under the influence of any intoxicating compound or | ||||||
17 | combination of
intoxicating compounds to a degree that | ||||||
18 | renders the person incapable of
driving safely;
| ||||||
19 | (4) under the influence of any other drug or | ||||||
20 | combination of drugs to a
degree that renders the person | ||||||
21 | incapable of safely driving;
| ||||||
22 | (5) under the combined influence of alcohol, other drug | ||||||
23 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
24 | that renders the person
incapable of safely driving; or
| ||||||
25 | (6) there is any amount of a drug, substance, or |
| |||||||
| |||||||
1 | compound in the
person's breath, blood, or urine resulting | ||||||
2 | from the unlawful use or consumption
of cannabis listed in | ||||||
3 | the Cannabis Control Act, a controlled substance listed
in | ||||||
4 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
5 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
6 | (b) The fact that any person charged with violating this | ||||||
7 | Section is or
has been legally entitled to use alcohol, other | ||||||
8 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
9 | combination thereof, shall not constitute a defense against any | ||||||
10 | charge of
violating this Section.
| ||||||
11 | (b-1) With regard to penalties imposed under this Section:
| ||||||
12 | (1) Any reference to a prior violation of subsection | ||||||
13 | (a) or a similar
provision includes any violation of a | ||||||
14 | provision of a local ordinance or a
provision of a law of | ||||||
15 | another state that is similar to a violation of
subsection | ||||||
16 | (a) of this Section.
| ||||||
17 | (2) Any penalty imposed for driving with a license that | ||||||
18 | has been revoked
for a previous violation of subsection (a) | ||||||
19 | of this Section shall be in
addition to the penalty imposed | ||||||
20 | for any subsequent violation of subsection (a).
| ||||||
21 | (b-2) Except as otherwise provided in this Section, any | ||||||
22 | person convicted of
violating subsection (a) of this Section is | ||||||
23 | guilty of a Class A misdemeanor.
| ||||||
24 | (b-3) In addition to any other criminal or administrative | ||||||
25 | sanction for any
second conviction of violating subsection (a) | ||||||
26 | or a similar provision committed
within 5 years of a previous |
| |||||||
| |||||||
1 | violation of subsection (a) or a similar
provision, the | ||||||
2 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
3 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
4 | community service
as may be determined by the court.
| ||||||
5 | (b-4) In the case of a third or subsequent violation | ||||||
6 | committed within 5
years of a previous violation of subsection | ||||||
7 | (a) or a similar provision, in
addition to any other criminal | ||||||
8 | or administrative sanction, a mandatory minimum
term of either | ||||||
9 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
10 | be imposed.
| ||||||
11 | (b-5) The imprisonment or assignment of community service | ||||||
12 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
13 | suspension, nor shall the person be
eligible for a reduced | ||||||
14 | sentence.
| ||||||
15 | (c) (Blank).
| ||||||
16 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
17 | period in which his
or her driving privileges are revoked | ||||||
18 | or suspended, where the revocation or
suspension was for a | ||||||
19 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
20 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
21 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
22 | Class 4 felony.
| ||||||
23 | (2) A person who violates subsection (a) a third
time, | ||||||
24 | if the third violation occurs during a period in
which his | ||||||
25 | or her driving privileges are revoked or suspended where | ||||||
26 | the
revocation
or suspension was for a violation of |
| |||||||
| |||||||
1 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
2 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
3 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
4 | felony. | ||||||
5 | (2.1) A person who violates subsection (a) a third | ||||||
6 | time, if the third
violation occurs during a period in | ||||||
7 | which his or her driving privileges are
revoked or | ||||||
8 | suspended where the revocation or suspension was for a | ||||||
9 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
10 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
11 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
12 | Class 3 felony; and if the
person receives a term of
| ||||||
13 | probation or conditional discharge, he or she shall be | ||||||
14 | required to serve a
mandatory
minimum of 10 days of | ||||||
15 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
16 | 480 hours of community service, as may be determined by the | ||||||
17 | court, as a
condition of the probation or conditional | ||||||
18 | discharge. This mandatory minimum
term of imprisonment or | ||||||
19 | assignment of community service shall not be suspended
or | ||||||
20 | reduced by the court.
| ||||||
21 | (2.2) A person who violates subsection (a), if the
| ||||||
22 | violation occurs during a period in which his or her | ||||||
23 | driving privileges are
revoked or suspended where the | ||||||
24 | revocation or suspension was for a violation of
subsection | ||||||
25 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
26 | additional
mandatory minimum term of 30 consecutive days of |
| |||||||
| |||||||
1 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
2 | 720 hours of community service, as may be
determined by the | ||||||
3 | court. This mandatory term of imprisonment or assignment of
| ||||||
4 | community service shall not be suspended or reduced by the | ||||||
5 | court.
| ||||||
6 | (3) A person who violates subsection (a) a fourth or
| ||||||
7 | fifth time, if the fourth or fifth
violation occurs
during | ||||||
8 | a period in which his
or her driving privileges are revoked | ||||||
9 | or suspended where the revocation
or suspension was for a | ||||||
10 | violation of subsection (a),
Section 11-501.1, paragraph
| ||||||
11 | (b) of Section 11-401, or for reckless homicide as defined | ||||||
12 | in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | ||||||
13 | Class 2 felony and is not eligible for a sentence of | ||||||
14 | probation or
conditional discharge.
| ||||||
15 | (c-2) (Blank).
| ||||||
16 | (c-3) (Blank).
| ||||||
17 | (c-4) (Blank).
| ||||||
18 | (c-5) A person who violates subsection (a), if the person | ||||||
19 | was transporting
a person under the age of 16 at the time of | ||||||
20 | the violation, is subject to an
additional mandatory minimum | ||||||
21 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
22 | community service, which shall include 40 hours of community
| ||||||
23 | service in a program benefiting children, and an additional 2 | ||||||
24 | days of
imprisonment. The imprisonment or assignment of | ||||||
25 | community service under this
subsection (c-5) is not subject to | ||||||
26 | suspension, nor is the person eligible for
a reduced sentence.
|
| |||||||
| |||||||
1 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
2 | person who
violates
subsection (a) a second time, if at the | ||||||
3 | time of
the second violation the person was transporting a | ||||||
4 | person under the age of 16,
is subject to an additional 10 days | ||||||
5 | of imprisonment, an additional mandatory
minimum fine of | ||||||
6 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
7 | community service, which shall include 40 hours of community | ||||||
8 | service in a
program benefiting children.
The imprisonment or | ||||||
9 | assignment of community service under this subsection (c-6)
is | ||||||
10 | not subject to suspension, nor is the person eligible for a | ||||||
11 | reduced
sentence.
| ||||||
12 | (c-7) Except as provided in subsection (c-8), any person | ||||||
13 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
14 | within 10 years of a previous violation of subsection (a) or a
| ||||||
15 | similar provision shall receive, in addition to any other | ||||||
16 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
17 | additional 40 hours of mandatory
community service in a program | ||||||
18 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
19 | The imprisonment or assignment of community service under this
| ||||||
20 | subsection (c-7) is not subject to suspension, nor is the | ||||||
21 | person
eligible for a reduced sentence.
| ||||||
22 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
23 | a similar
provision within 5 years of a previous violation of | ||||||
24 | subsection (a) or a similar
provision shall receive, in | ||||||
25 | addition to any other penalty imposed, an
additional 80 hours | ||||||
26 | of mandatory community service in a program benefiting
|
| |||||||
| |||||||
1 | children, an additional mandatory minimum 12 days of | ||||||
2 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
3 | imprisonment or assignment of community
service under this | ||||||
4 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
5 | person eligible for a reduced sentence.
| ||||||
6 | (c-9) Any person convicted a third time for violating | ||||||
7 | subsection (a) or a
similar provision, if at the time of the | ||||||
8 | third violation the person was
transporting a person under the | ||||||
9 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
10 | addition to any other
penalty imposed, an additional mandatory | ||||||
11 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
12 | service, which shall include 40 hours in a
program benefiting | ||||||
13 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
14 | imprisonment or assignment of community service under this | ||||||
15 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
16 | person eligible for a reduced
sentence.
| ||||||
17 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
18 | or a similar
provision a third time within 20 years of a | ||||||
19 | previous violation of subsection
(a) or a
similar provision is | ||||||
20 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
21 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
22 | community
service in a program benefiting children, an | ||||||
23 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
24 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
25 | community service under this subsection (c-10) is not subject | ||||||
26 | to
suspension, nor is the person eligible for a reduced |
| |||||||
| |||||||
1 | sentence.
| ||||||
2 | (c-11) Any person convicted a fourth or fifth
time for | ||||||
3 | violating
subsection (a) or a similar provision, if at the time | ||||||
4 | of the fourth or
fifth violation the person was transporting a | ||||||
5 | person under the age of 16,
and if the person's 3 prior | ||||||
6 | violations of subsection (a) or a similar provision
occurred | ||||||
7 | while transporting a person under the age of 16 or while the | ||||||
8 | alcohol
concentration in his or her blood, breath, or urine was | ||||||
9 | 0.16 or more based
on the definition of blood, breath, or urine | ||||||
10 | units in Section 11-501.2, is
guilty of a Class 2 felony, is | ||||||
11 | not eligible for probation or conditional
discharge, and is | ||||||
12 | subject to a minimum fine of $3,000.
| ||||||
13 | (c-12) Any person convicted of a first violation of | ||||||
14 | subsection (a) or a
similar provision, if the alcohol | ||||||
15 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
16 | more based on the definition of blood, breath, or urine
units | ||||||
17 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
18 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
19 | hours of community service
and a mandatory minimum fine of | ||||||
20 | $500.
| ||||||
21 | (c-13) Any person convicted of a second violation of | ||||||
22 | subsection (a) or a similar provision committed within 10 years | ||||||
23 | of a previous violation of subsection (a) or a similar | ||||||
24 | provision committed within 10 years of a previous violation of | ||||||
25 | subsection (a) or a similar provision, if at the time of the | ||||||
26 | second violation of subsection (a) the
alcohol concentration in |
| |||||||
| |||||||
1 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
2 | the definition of blood, breath, or urine units in Section | ||||||
3 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
4 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
5 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
6 | (c-14) Any person convicted of a third violation of | ||||||
7 | subsection (a) or a
similar provision within 20 years of a | ||||||
8 | previous violation of subsection (a) or
a
similar provision, if | ||||||
9 | at the time of the third violation of subsection (a) or a
| ||||||
10 | similar provision the alcohol concentration in his or her | ||||||
11 | blood, breath, or
urine was 0.16 or more based on the | ||||||
12 | definition of blood, breath, or urine units
in Section | ||||||
13 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
14 | in
addition to any other penalty that may be imposed, to a | ||||||
15 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
16 | minimum fine of $2,500.
| ||||||
17 | (c-15) Any person convicted of a fourth or fifth
violation | ||||||
18 | of
subsection
(a) or a similar provision, if at the time of the | ||||||
19 | fourth or fifth
violation the alcohol concentration in his or | ||||||
20 | her blood, breath, or urine was
0.16 or more based on the | ||||||
21 | definition of blood, breath, or urine units in
Section | ||||||
22 | 11-501.2, and if the person's 3 prior violations of subsection | ||||||
23 | (a) or a
similar provision occurred while transporting a person | ||||||
24 | under the age of 16 or
while the alcohol concentration in his | ||||||
25 | or her blood, breath, or urine was 0.16
or more based on the | ||||||
26 | definition of blood, breath, or urine units in Section
|
| |||||||
| |||||||
1 | 11-501.2, is guilty of a Class 2 felony and is not eligible for | ||||||
2 | a sentence of
probation or conditional discharge and is subject | ||||||
3 | to a minimum fine of
$2,500.
| ||||||
4 | (c-16) Any person convicted of a sixth or subsequent | ||||||
5 | violation of subsection (a) is guilty of a Class X felony.
| ||||||
6 | (d) (1) Every person convicted of committing a violation of | ||||||
7 | this Section
shall be guilty of aggravated driving under | ||||||
8 | the influence of alcohol,
other drug or drugs, or | ||||||
9 | intoxicating compound or compounds, or any combination
| ||||||
10 | thereof if:
| ||||||
11 | (A) the person committed a violation of subsection | ||||||
12 | (a) or a similar
provision for the
third or subsequent | ||||||
13 | time;
| ||||||
14 | (B) the person committed a violation of subsection | ||||||
15 | (a)
while
driving a school bus with persons 18 years of | ||||||
16 | age or younger
on board;
| ||||||
17 | (C) the person in committing a violation of | ||||||
18 | subsection
(a) was
involved in a motor vehicle accident | ||||||
19 | that resulted in great bodily harm or
permanent | ||||||
20 | disability or disfigurement to another, when the | ||||||
21 | violation was
a proximate cause of the injuries;
| ||||||
22 | (D) the person committed a violation of subsection | ||||||
23 | (a)
for a
second time and has been previously convicted | ||||||
24 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
25 | or a similar provision of a law of another state | ||||||
26 | relating to reckless homicide in which the person was
|
| |||||||
| |||||||
1 | determined to have been under the influence of alcohol, | ||||||
2 | other drug or
drugs, or intoxicating compound or | ||||||
3 | compounds as an element of the offense or
the person | ||||||
4 | has previously been convicted
under subparagraph (C) | ||||||
5 | or subparagraph (F) of this paragraph (1);
| ||||||
6 | (E) the person, in committing a violation of | ||||||
7 | subsection (a) while
driving at any speed in a school | ||||||
8 | speed zone at a time when a speed limit of
20 miles per | ||||||
9 | hour was in effect under subsection (a) of Section | ||||||
10 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
11 | accident that resulted in bodily
harm, other than great | ||||||
12 | bodily harm or permanent disability or disfigurement,
| ||||||
13 | to another person, when the violation of subsection (a) | ||||||
14 | was a
proximate cause
of the bodily harm; or
| ||||||
15 | (F) the person, in committing a violation of | ||||||
16 | subsection (a), was
involved in a motor vehicle, | ||||||
17 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
18 | accident that resulted in
the death of another person, | ||||||
19 | when the violation of subsection
(a) was
a proximate | ||||||
20 | cause of the death.
| ||||||
21 | (2) Except as provided in this paragraph (2), 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 |
| |||||||
| |||||||
1 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
2 | one year nor more than 12 years.
Aggravated driving under | ||||||
3 | the influence of alcohol, other drug or drugs,
or | ||||||
4 | intoxicating compound or compounds, or any combination | ||||||
5 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
6 | this subsection (d) is
a Class 2 felony, for which the | ||||||
7 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
8 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
9 | years and not more
than 14 years if the violation resulted | ||||||
10 | in the death of one person; or
(B) a term of imprisonment | ||||||
11 | of not less than 6 years and not
more than 28 years if the | ||||||
12 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
13 | any prosecution under this subsection
(d), a certified copy | ||||||
14 | of the
driving abstract of the defendant shall be admitted | ||||||
15 | as proof of any prior
conviction.
Any person sentenced | ||||||
16 | under this subsection (d) who receives a term of
probation
| ||||||
17 | or conditional discharge must serve a minimum term of | ||||||
18 | either 480 hours of
community service or 10 days of | ||||||
19 | imprisonment as a condition of the probation or
conditional | ||||||
20 | discharge. This mandatory minimum term of imprisonment or
| ||||||
21 | assignment of community service may not be suspended or | ||||||
22 | reduced by the court.
| ||||||
23 | (e) After a finding of guilt and prior to any final | ||||||
24 | sentencing, or an
order for supervision, for an offense based | ||||||
25 | upon an arrest for a
violation of this Section or a similar | ||||||
26 | provision of a local ordinance,
individuals shall be required |
| |||||||
| |||||||
1 | to undergo a professional evaluation to
determine if an | ||||||
2 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
3 | and the
extent of the problem, and undergo the imposition of | ||||||
4 | treatment as appropriate.
Programs conducting these | ||||||
5 | evaluations shall be
licensed by the Department of Human | ||||||
6 | Services. The cost of any professional
evaluation shall be paid | ||||||
7 | for by the
individual
required to undergo the professional | ||||||
8 | evaluation.
| ||||||
9 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
10 | violating this
Section, including any person receiving a | ||||||
11 | disposition of court supervision for
violating this Section, | ||||||
12 | may be required by the Court to attend a victim
impact panel | ||||||
13 | offered by, or under contract with, a County State's Attorney's
| ||||||
14 | office, a probation and court services department, Mothers | ||||||
15 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
16 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
17 | be paid from fees collected from the
offender or as may be | ||||||
18 | determined by the court.
| ||||||
19 | (f) Every person found guilty of violating this Section, | ||||||
20 | whose
operation of a motor vehicle while in violation of this | ||||||
21 | Section proximately
caused any incident resulting in an | ||||||
22 | appropriate emergency response, shall
be liable for the expense | ||||||
23 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
24 | Unified Code of Corrections.
| ||||||
25 | (g) The Secretary of State shall revoke the driving | ||||||
26 | privileges of any
person convicted under this Section or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance.
| ||||||
2 | (h) (Blank).
| ||||||
3 | (i) The Secretary of State shall require the installation | ||||||
4 | and continuous use of ignition interlock
devices on all | ||||||
5 | vehicles owned by an individual who has been convicted of a
| ||||||
6 | first, second, or third violation
second
or subsequent offense
| ||||||
7 | of subdivisions (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
8 | similar provision of a local
ordinance. The Secretary shall | ||||||
9 | establish by rule and regulation the procedures
for | ||||||
10 | certification and use of the ignition interlock system.
| ||||||
11 | The ignition interlock device installed in the vehicle of a | ||||||
12 | person convicted of a first, second, or third violation of | ||||||
13 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
14 | remain installed until the individual's driver's license has | ||||||
15 | been reinstated. Individuals with a fourth or subsequent | ||||||
16 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
17 | of this Section must install and maintain ignition interlock | ||||||
18 | devices on all vehicles they own and must keep the devices on | ||||||
19 | those vehicles indefinitely. Individuals who have been | ||||||
20 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
21 | this Section or a similar provision of a local ordinance but do | ||||||
22 | not own a vehicle must either: use a transdermal alcohol | ||||||
23 | monitoring device until the individual's driver's license has | ||||||
24 | been reinstated or install an ignition interlock device in a | ||||||
25 | vehicle not owned by the individual until the individual's | ||||||
26 | driver's license has been reinstated. Upon installation, the |
| |||||||
| |||||||
1 | individual shall pay to the Secretary of State DUI | ||||||
2 | Administration Fund an annual fee of $120 and shall continue to | ||||||
3 | pay this fee annually until the individual's driver's license | ||||||
4 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
5 | for the collection of this fee and for its payment in monthly | ||||||
6 | increments for necessary periods of less than one year.
| ||||||
7 | (i-1) Individuals convicted of violating subsection (i) | ||||||
8 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
9 | a sentence of probation or conditional discharge, and shall, in | ||||||
10 | addition to any other penalty imposed, be subject to a | ||||||
11 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
12 | suspended or reduced by the court.
| ||||||
13 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
14 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
15 | shall not be eligible for a sentence of probation or | ||||||
16 | conditional discharge, and shall, in addition to any other | ||||||
17 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
18 | months. This term of imprisonment shall not be suspended or | ||||||
19 | reduced by the court.
| ||||||
20 | (j) In addition to any other penalties and liabilities, a | ||||||
21 | person who is
found guilty of or pleads guilty to violating | ||||||
22 | subsection (a), including any
person placed on court | ||||||
23 | supervision for violating subsection (a), shall be fined
$500, | ||||||
24 | payable to the
circuit clerk, who shall distribute the money as | ||||||
25 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
26 | and 80% shall be forwarded to the State Treasurer for deposit |
| |||||||
| |||||||
1 | into the General Revenue Fund. If the person has been | ||||||
2 | previously convicted of violating
subsection (a) or a similar | ||||||
3 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
4 | the event that more than one agency is responsible
for the | ||||||
5 | arrest, the amount payable to law enforcement agencies shall be | ||||||
6 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
7 | under this subsection (j) shall be used for enforcement and | ||||||
8 | prevention of driving while under the influence of alcohol, | ||||||
9 | other drug or drugs, intoxicating compound or compounds or any | ||||||
10 | combination thereof, as defined by this Section, including but | ||||||
11 | not limited to the purchase of law
enforcement equipment and | ||||||
12 | commodities that will assist in the prevention of alcohol | ||||||
13 | related
criminal violence throughout the State; police officer | ||||||
14 | training and education in areas related to alcohol related | ||||||
15 | crime, including but not limited to DUI training; and police | ||||||
16 | officer salaries, including but not limited to salaries for | ||||||
17 | hire back funding for safety checkpoints, saturation patrols, | ||||||
18 | and liquor store sting operations. Equipment and commodities | ||||||
19 | shall include, but are not limited
to, in-car video cameras, | ||||||
20 | radar and laser speed detection devices, and alcohol
breath | ||||||
21 | testers.
Any moneys received by the Department of State Police | ||||||
22 | under this subsection
(j) shall be deposited into the State | ||||||
23 | Police DUI Fund and shall be used for enforcement and | ||||||
24 | prevention of driving while under the influence of alcohol, | ||||||
25 | other drug or drugs, intoxicating compound or compounds or any | ||||||
26 | combination thereof, as defined by this Section, including but |
| |||||||
| |||||||
1 | not limited to the
purchase of law enforcement equipment and | ||||||
2 | commodities that will assist in the prevention of
alcohol | ||||||
3 | related criminal violence throughout the State; police officer | ||||||
4 | training and education in areas related to alcohol related | ||||||
5 | crime, including but not limited to DUI training; and police | ||||||
6 | officer salaries, including but not limited to salaries for | ||||||
7 | hire back funding for safety checkpoints, saturation patrols, | ||||||
8 | and liquor store sting operations.
| ||||||
9 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
10 | special
fund in the State treasury. All moneys received by the | ||||||
11 | Secretary of State
Police under subsection (j) of this Section | ||||||
12 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
13 | and, subject to appropriation, shall be
used for enforcement | ||||||
14 | and prevention of driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof, as defined by this Section, including but | ||||||
17 | not limited to the purchase of law enforcement equipment and | ||||||
18 | commodities to assist in the prevention of
alcohol related | ||||||
19 | criminal violence throughout the State; police officer | ||||||
20 | training and education in areas related to alcohol related | ||||||
21 | crime, including but not limited to DUI training; and police | ||||||
22 | officer salaries, including but not limited to salaries for | ||||||
23 | hire back funding for safety checkpoints, saturation patrols, | ||||||
24 | and liquor store sting operations.
| ||||||
25 | (l) Whenever an individual is sentenced for an offense | ||||||
26 | based upon an
arrest for a violation of subsection (a) or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance, and the professional | ||||||
2 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
3 | education, neither the treatment nor the education
shall be the | ||||||
4 | sole disposition and either or both may be imposed only in
| ||||||
5 | conjunction with another disposition. The court shall monitor | ||||||
6 | compliance with
any remedial education or treatment | ||||||
7 | recommendations contained in the
professional evaluation. | ||||||
8 | Programs conducting alcohol or other drug evaluation
or | ||||||
9 | remedial education must be licensed by the Department of Human | ||||||
10 | Services. If
the individual is not a resident of Illinois, | ||||||
11 | however, the court may accept an
alcohol or other drug | ||||||
12 | evaluation or remedial education program in the
individual's | ||||||
13 | state of residence. Programs providing treatment must be | ||||||
14 | licensed
under existing applicable alcoholism and drug | ||||||
15 | treatment licensure standards.
| ||||||
16 | (m) In addition to any other fine or penalty required by | ||||||
17 | law, an individual
convicted of a 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, whose operation of a motor vehicle, | ||||||
21 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
22 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
23 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
24 | similar
provision proximately caused an incident resulting in | ||||||
25 | an appropriate emergency
response, shall be required to make | ||||||
26 | restitution to a public agency for the
costs of that emergency |
| |||||||
| |||||||
1 | response. The restitution may not exceed $1,000 per
public | ||||||
2 | agency for each emergency response. As used in this subsection | ||||||
3 | (m),
"emergency response" means any incident requiring a | ||||||
4 | response by a police
officer, a firefighter carried on the | ||||||
5 | rolls of a regularly constituted fire
department, or an | ||||||
6 | ambulance.
| ||||||
7 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
8 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
9 | 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. | ||||||
10 | 6-28-06.)
| ||||||
11 | (Text of Section from P.A. 94-116 and 94-963) | ||||||
12 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
13 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
14 | combination thereof.
| ||||||
15 | (a) A person shall not drive or be in actual
physical | ||||||
16 | control of any vehicle within this State while:
| ||||||
17 | (1) the alcohol concentration in the person's blood or | ||||||
18 | breath is 0.08
or more based on the definition of blood and | ||||||
19 | breath units in Section 11-501.2;
| ||||||
20 | (2) under the influence of alcohol;
| ||||||
21 | (3) under the influence of any intoxicating compound or | ||||||
22 | combination of
intoxicating compounds to a degree that | ||||||
23 | renders the person incapable of
driving safely;
| ||||||
24 | (4) under the influence of any other drug or | ||||||
25 | combination of drugs to a
degree that renders the person |
| |||||||
| |||||||
1 | incapable of safely driving;
| ||||||
2 | (5) under the combined influence of alcohol, other drug | ||||||
3 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
4 | that renders the person
incapable of safely driving; or
| ||||||
5 | (6) there is any amount of a drug, substance, or | ||||||
6 | compound in the
person's breath, blood, or urine resulting | ||||||
7 | from the unlawful use or consumption
of cannabis listed in | ||||||
8 | the Cannabis Control Act, a controlled substance listed
in | ||||||
9 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
10 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
11 | (b) The fact that any person charged with violating this | ||||||
12 | Section is or
has been legally entitled to use alcohol, other | ||||||
13 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
14 | combination thereof, shall not constitute a defense against any | ||||||
15 | charge of
violating this Section.
| ||||||
16 | (b-1) With regard to penalties imposed under this Section:
| ||||||
17 | (1) Any reference to a prior violation of subsection | ||||||
18 | (a) or a similar
provision includes any violation of a | ||||||
19 | provision of a local ordinance or a
provision of a law of | ||||||
20 | another state that is similar to a violation of
subsection | ||||||
21 | (a) of this Section.
| ||||||
22 | (2) Any penalty imposed for driving with a license that | ||||||
23 | has been revoked
for a previous violation of subsection (a) | ||||||
24 | of this Section shall be in
addition to the penalty imposed | ||||||
25 | for any subsequent violation of subsection (a).
| ||||||
26 | (b-2) Except as otherwise provided in this Section, any |
| |||||||
| |||||||
1 | 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
|
| |||||||
| |||||||
1 | Class 4 felony.
| ||||||
2 | (2) A person who violates subsection (a) a third
time | ||||||
3 | is guilty of
a Class 2 felony. | ||||||
4 | (2.1) A person who violates subsection (a) a third | ||||||
5 | time, if the third
violation occurs during a period in | ||||||
6 | which his or her driving privileges are
revoked or | ||||||
7 | suspended where the revocation or suspension was for a | ||||||
8 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
9 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
10 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
11 | Class 2 felony; and if the
person receives a term of
| ||||||
12 | probation or conditional discharge, he or she shall be | ||||||
13 | required to serve a
mandatory
minimum of 10 days of | ||||||
14 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
15 | 480 hours of community service, as may be determined by the | ||||||
16 | court, as a
condition of the probation or conditional | ||||||
17 | discharge. This mandatory minimum
term of imprisonment or | ||||||
18 | assignment of community service shall not be suspended
or | ||||||
19 | reduced by the court.
| ||||||
20 | (2.2) A person who violates subsection (a), if the
| ||||||
21 | violation occurs during a period in which his or her | ||||||
22 | driving privileges are
revoked or suspended where the | ||||||
23 | revocation or suspension was for a violation of
subsection | ||||||
24 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
25 | additional
mandatory minimum term of 30 consecutive days of | ||||||
26 | imprisonment, 40 days of
24-hour periodic imprisonment, or |
| |||||||
| |||||||
1 | 720 hours of community service, as may be
determined by the | ||||||
2 | court. This mandatory term of imprisonment or assignment of
| ||||||
3 | community service shall not be suspended or reduced by the | ||||||
4 | court.
| ||||||
5 | (3) A person who violates subsection (a) a fourth time | ||||||
6 | is guilty of
a Class 2 felony and is not eligible for a | ||||||
7 | sentence of probation or
conditional discharge.
| ||||||
8 | (4) A person who violates subsection (a) a fifth or | ||||||
9 | subsequent time is guilty of a Class 1 felony and is not | ||||||
10 | eligible for a sentence of probation or conditional | ||||||
11 | discharge.
| ||||||
12 | (c-2) (Blank).
| ||||||
13 | (c-3) (Blank).
| ||||||
14 | (c-4) (Blank).
| ||||||
15 | (c-5) A person who violates subsection (a), if the person | ||||||
16 | was transporting
a person under the age of 16 at the time of | ||||||
17 | the violation, is subject to an
additional mandatory minimum | ||||||
18 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
19 | community service, which shall include 40 hours of community
| ||||||
20 | service in a program benefiting children, and an additional 2 | ||||||
21 | days of
imprisonment. The imprisonment or assignment of | ||||||
22 | community service under this
subsection (c-5) is not subject to | ||||||
23 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
24 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
25 | person who
violates
subsection (a) a second time, if at the | ||||||
26 | time of
the second violation the person was transporting a |
| |||||||
| |||||||
1 | person under the age of 16,
is subject to an additional 10 days | ||||||
2 | of imprisonment, an additional mandatory
minimum fine of | ||||||
3 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
4 | community service, which shall include 40 hours of community | ||||||
5 | service in a
program benefiting children.
The imprisonment or | ||||||
6 | assignment of community service under this subsection (c-6)
is | ||||||
7 | not subject to suspension, nor is the person eligible for a | ||||||
8 | reduced
sentence.
| ||||||
9 | (c-7) Except as provided in subsection (c-8), any person | ||||||
10 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
11 | within 10 years of a previous violation of subsection (a) or a
| ||||||
12 | similar provision shall receive, in addition to any other | ||||||
13 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
14 | additional 40 hours of mandatory
community service in a program | ||||||
15 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
16 | The imprisonment or assignment of community service under this
| ||||||
17 | subsection (c-7) is not subject to suspension, nor is the | ||||||
18 | person
eligible for a reduced sentence.
| ||||||
19 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
20 | a similar
provision within 5 years of a previous violation of | ||||||
21 | subsection (a) or a similar
provision shall receive, in | ||||||
22 | addition to any other penalty imposed, an
additional 80 hours | ||||||
23 | of mandatory community service in a program benefiting
| ||||||
24 | children, an additional mandatory minimum 12 days of | ||||||
25 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
26 | imprisonment or assignment of community
service under this |
| |||||||
| |||||||
1 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
2 | person eligible for a reduced sentence.
| ||||||
3 | (c-9) Any person convicted a third time for violating | ||||||
4 | subsection (a) or a
similar provision, if at the time of the | ||||||
5 | third violation the person was
transporting a person under the | ||||||
6 | age of 16, is guilty of a Class 2 felony and shall
receive, in | ||||||
7 | addition to any other
penalty imposed, an additional mandatory | ||||||
8 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
9 | service, which shall include 40 hours in a
program benefiting | ||||||
10 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
11 | imprisonment or assignment of community service under this | ||||||
12 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
13 | person eligible for a reduced
sentence.
| ||||||
14 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
15 | or a similar
provision a third time within 20 years of a | ||||||
16 | previous violation of subsection
(a) or a
similar provision is | ||||||
17 | guilty of a Class 2 felony and shall receive, in addition
to | ||||||
18 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
19 | community
service in a program benefiting children, an | ||||||
20 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
21 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
22 | community service under this subsection (c-10) is not subject | ||||||
23 | to
suspension, nor is the person eligible for a reduced | ||||||
24 | sentence.
| ||||||
25 | (c-11) Any person convicted a fourth time for violating
| ||||||
26 | subsection (a) or a similar provision, if at the time of the |
| |||||||
| |||||||
1 | fourth violation the person was transporting a person under the | ||||||
2 | age of 16,
and if the person's 3 prior violations of subsection | ||||||
3 | (a) or a similar provision
occurred while transporting a person | ||||||
4 | under the age of 16 or while the alcohol
concentration in his | ||||||
5 | or her blood, breath, or urine was 0.16 or more based
on the | ||||||
6 | definition of blood, breath, or urine units in Section | ||||||
7 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
8 | probation or conditional
discharge, and is subject to a minimum | ||||||
9 | fine of $3,000.
| ||||||
10 | (c-12) Any person convicted of a first violation of | ||||||
11 | subsection (a) or a
similar provision, if the alcohol | ||||||
12 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
13 | more based on the definition of blood, breath, or urine
units | ||||||
14 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
15 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
16 | hours of community service
and a mandatory minimum fine of | ||||||
17 | $500.
| ||||||
18 | (c-13) Any person convicted of a second violation of | ||||||
19 | subsection (a) or a similar provision committed within 10 years | ||||||
20 | of a previous violation of subsection (a) or a similar | ||||||
21 | provision committed within 10 years of a previous violation of | ||||||
22 | subsection (a) or a similar provision, if at the time of the | ||||||
23 | second violation of subsection (a) the
alcohol concentration in | ||||||
24 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
25 | the definition of blood, breath, or urine units in Section | ||||||
26 | 11-501.2,
shall be
subject, in addition to any other penalty |
| |||||||
| |||||||
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 2 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
violation of
| ||||||
15 | subsection
(a) or a similar provision, if at the time of the | ||||||
16 | fourth
violation the alcohol concentration in his or her blood, | ||||||
17 | breath, or urine was
0.16 or more based on the definition of | ||||||
18 | blood, breath, or urine units in
Section 11-501.2, and if the | ||||||
19 | person's 3 prior violations of subsection (a) or a
similar | ||||||
20 | provision occurred while transporting a person under the age of | ||||||
21 | 16 or
while the alcohol concentration in his or her blood, | ||||||
22 | breath, or urine was 0.16
or more based on the definition of | ||||||
23 | blood, breath, or urine units in Section
11-501.2, is guilty of | ||||||
24 | a Class 2 felony and is not eligible for a sentence of
| ||||||
25 | probation or conditional discharge and is subject to a minimum | ||||||
26 | fine of
$2,500.
|
| |||||||
| |||||||
1 | (d) (1) Every person convicted of committing a violation of | ||||||
2 | this Section
shall be guilty of aggravated driving under | ||||||
3 | the influence of alcohol,
other drug or drugs, or | ||||||
4 | intoxicating compound or compounds, or any combination
| ||||||
5 | thereof if:
| ||||||
6 | (A) the person committed a violation of subsection | ||||||
7 | (a) or a similar
provision for the
third or subsequent | ||||||
8 | time;
| ||||||
9 | (B) the person committed a violation of subsection | ||||||
10 | (a)
while
driving a school bus with persons 18 years of | ||||||
11 | age or younger
on board;
| ||||||
12 | (C) the person in committing a violation of | ||||||
13 | subsection
(a) was
involved in a motor vehicle accident | ||||||
14 | that resulted in great bodily harm or
permanent | ||||||
15 | disability or disfigurement to another, when the | ||||||
16 | violation was
a proximate cause of the injuries;
| ||||||
17 | (D) the person committed a violation of subsection | ||||||
18 | (a)
for a
second time and has been previously convicted | ||||||
19 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
20 | or a similar provision of a law of another state | ||||||
21 | relating to reckless homicide in which the person was
| ||||||
22 | determined to have been under the influence of alcohol, | ||||||
23 | other drug or
drugs, or intoxicating compound or | ||||||
24 | compounds as an element of the offense or
the person | ||||||
25 | has previously been convicted
under subparagraph (C) | ||||||
26 | or subparagraph (F) of this paragraph (1);
|
| |||||||
| |||||||
1 | (E) the person, in committing a violation of | ||||||
2 | subsection (a) while
driving at any speed in a school | ||||||
3 | speed zone at a time when a speed limit of
20 miles per | ||||||
4 | hour was in effect under subsection (a) of Section | ||||||
5 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
6 | accident that resulted in bodily
harm, other than great | ||||||
7 | bodily harm or permanent disability or disfigurement,
| ||||||
8 | to another person, when the violation of subsection (a) | ||||||
9 | was a
proximate cause
of the bodily harm; or
| ||||||
10 | (F) the person, in committing a violation of | ||||||
11 | subsection (a), was
involved in a motor vehicle, | ||||||
12 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
13 | accident that resulted in
the death of another person, | ||||||
14 | when the violation of subsection
(a) was
a proximate | ||||||
15 | cause of the death.
| ||||||
16 | (2) Except as provided in this paragraph (2) and in | ||||||
17 | paragraphs (3) and (4) of subsection (c-1), 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.
Except as provided in | ||||||
25 | paragraph (4) of subsection (c-1), aggravated driving | ||||||
26 | under the influence of alcohol, other drug, or drugs, |
| |||||||
| |||||||
1 | intoxicating compounds or compounds, or any combination | ||||||
2 | thereof as defined in subparagraph (A) of paragraph (1) of | ||||||
3 | this subsection (d) is a Class 2 felony. Aggravated driving | ||||||
4 | under the influence of alcohol, other drug or drugs,
or | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
7 | this subsection (d) is
a Class 2 felony, for which the | ||||||
8 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
9 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
10 | years and not more
than 14 years if the violation resulted | ||||||
11 | in the death of one person; or
(B) a term of imprisonment | ||||||
12 | of not less than 6 years and not
more than 28 years if the | ||||||
13 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
14 | any prosecution under this subsection
(d), a certified copy | ||||||
15 | of the
driving abstract of the defendant shall be admitted | ||||||
16 | as proof of any prior
conviction.
Any person sentenced | ||||||
17 | under this subsection (d) who receives a term of
probation
| ||||||
18 | or conditional discharge must serve a minimum term of | ||||||
19 | either 480 hours of
community service or 10 days of | ||||||
20 | imprisonment as a condition of the probation or
conditional | ||||||
21 | discharge. This mandatory minimum term of imprisonment or
| ||||||
22 | assignment of community service may not be suspended or | ||||||
23 | reduced by the court.
| ||||||
24 | (e) After a finding of guilt and prior to any final | ||||||
25 | sentencing, or an
order for supervision, for an offense based | ||||||
26 | upon an arrest for a
violation of this Section or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance,
individuals shall be required | ||||||
2 | to undergo a professional evaluation to
determine if an | ||||||
3 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
4 | and the
extent of the problem, and undergo the imposition of | ||||||
5 | treatment as appropriate.
Programs conducting these | ||||||
6 | evaluations shall be
licensed by the Department of Human | ||||||
7 | Services. The cost of any professional
evaluation shall be paid | ||||||
8 | for by the
individual
required to undergo the professional | ||||||
9 | evaluation.
| ||||||
10 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
11 | violating this
Section, including any person receiving a | ||||||
12 | disposition of court supervision for
violating this Section, | ||||||
13 | may be required by the Court to attend a victim
impact panel | ||||||
14 | offered by, or under contract with, a County State's Attorney's
| ||||||
15 | office, a probation and court services department, Mothers | ||||||
16 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
17 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
18 | be paid from fees collected from the
offender or as may be | ||||||
19 | determined by the court.
| ||||||
20 | (f) Every person found guilty of violating this Section, | ||||||
21 | whose
operation of a motor vehicle while in violation of this | ||||||
22 | Section proximately
caused any incident resulting in an | ||||||
23 | appropriate emergency response, shall
be liable for the expense | ||||||
24 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
25 | Unified Code of Corrections.
| ||||||
26 | (g) The Secretary of State shall revoke the driving |
| |||||||
| |||||||
1 | privileges of any
person convicted under this Section or a | ||||||
2 | similar provision of a local
ordinance.
| ||||||
3 | (h) (Blank).
| ||||||
4 | (i) The Secretary of State shall require the installation | ||||||
5 | and continuous use of ignition interlock
devices on all | ||||||
6 | vehicles owned by an individual who has been convicted of a
| ||||||
7 | first, second, or third violation
second
or subsequent offense
| ||||||
8 | of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
9 | similar provision of a local
ordinance. The Secretary shall | ||||||
10 | establish by rule and regulation the procedures
for | ||||||
11 | certification and use of the ignition interlock system.
| ||||||
12 | The ignition interlock device installed in the vehicle of a | ||||||
13 | person convicted of a first, second, or third violation of | ||||||
14 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
15 | remain installed until the individual's driver's license has | ||||||
16 | been reinstated. Individuals with a fourth or subsequent | ||||||
17 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
18 | of this Section must install and maintain ignition interlock | ||||||
19 | devices on all vehicles they own and must keep the devices on | ||||||
20 | those vehicles indefinitely. Individuals who have been | ||||||
21 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
22 | this Section or a similar provision of a local ordinance but do | ||||||
23 | not own a vehicle must either: use a transdermal alcohol | ||||||
24 | monitoring device until the individual's driver's license has | ||||||
25 | been reinstated or install an ignition interlock device in a | ||||||
26 | vehicle not owned by the individual until the individual's |
| |||||||
| |||||||
1 | driver's license has been reinstated. Upon installation, the | ||||||
2 | individual shall pay to the Secretary of State DUI | ||||||
3 | Administration Fund an annual fee of $120 and shall continue to | ||||||
4 | pay this fee annually until the individual's driver's license | ||||||
5 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
6 | for the collection of this fee and for its payment in monthly | ||||||
7 | increments for necessary periods of less than one year.
| ||||||
8 | (i-1) Individuals convicted of violating subsection (i) | ||||||
9 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
10 | a sentence of probation or conditional discharge, and shall, in | ||||||
11 | addition to any other penalty imposed, be subject to a | ||||||
12 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
13 | suspended or reduced by the court.
| ||||||
14 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
15 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
16 | shall not be eligible for a sentence of probation or | ||||||
17 | conditional discharge, and shall, in addition to any other | ||||||
18 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
19 | months. This term of imprisonment shall not be suspended or | ||||||
20 | reduced by the court.
| ||||||
21 | (j) In addition to any other penalties and liabilities, a | ||||||
22 | person who is
found guilty of or pleads guilty to violating | ||||||
23 | subsection (a), including any
person placed on court | ||||||
24 | supervision for violating subsection (a), shall be fined
$500, | ||||||
25 | payable to the
circuit clerk, who shall distribute the money as | ||||||
26 | follows: 20% to the law enforcement agency
that made the arrest |
| |||||||
| |||||||
1 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
2 | into the General Revenue Fund. If the person has been | ||||||
3 | previously convicted of violating
subsection (a) or a similar | ||||||
4 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
5 | the event that more than one agency is responsible
for the | ||||||
6 | arrest, the amount payable to law enforcement agencies shall be | ||||||
7 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
8 | under this subsection (j) 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 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. Equipment and commodities | ||||||
20 | shall include, but are not limited
to, in-car video cameras, | ||||||
21 | radar and laser speed detection devices, and alcohol
breath | ||||||
22 | testers.
Any moneys received by the Department of State Police | ||||||
23 | under this subsection
(j) shall be deposited into the State | ||||||
24 | Police DUI Fund and shall be used for enforcement and | ||||||
25 | prevention of driving while under the influence of alcohol, | ||||||
26 | other drug or drugs, intoxicating compound or compounds or any |
| |||||||
| |||||||
1 | combination thereof, as defined by this Section, including but | ||||||
2 | not limited to the
purchase of law enforcement equipment and | ||||||
3 | commodities that will assist in the prevention of
alcohol | ||||||
4 | related criminal violence throughout the State; police officer | ||||||
5 | training and education in areas related to alcohol related | ||||||
6 | crime, including but not limited to DUI training; and police | ||||||
7 | officer salaries, including but not limited to salaries for | ||||||
8 | hire back funding for safety checkpoints, saturation patrols, | ||||||
9 | and liquor store sting operations.
| ||||||
10 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
11 | special
fund in the State treasury. All moneys received by the | ||||||
12 | Secretary of State
Police under subsection (j) of this Section | ||||||
13 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
14 | and, subject to appropriation, shall be
used for enforcement | ||||||
15 | and 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 purchase of law enforcement equipment and | ||||||
19 | commodities to assist in the prevention of
alcohol related | ||||||
20 | 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.
| ||||||
26 | (l) Whenever an individual is sentenced for an offense |
| |||||||
| |||||||
1 | based upon an
arrest for a violation of subsection (a) or a | ||||||
2 | similar provision of a local
ordinance, and the professional | ||||||
3 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
4 | education, neither the treatment nor the education
shall be the | ||||||
5 | sole disposition and either or both may be imposed only in
| ||||||
6 | conjunction with another disposition. The court shall monitor | ||||||
7 | compliance with
any remedial education or treatment | ||||||
8 | recommendations contained in the
professional evaluation. | ||||||
9 | Programs conducting alcohol or other drug evaluation
or | ||||||
10 | remedial education must be licensed by the Department of Human | ||||||
11 | Services. If
the individual is not a resident of Illinois, | ||||||
12 | however, the court may accept an
alcohol or other drug | ||||||
13 | evaluation or remedial education program in the
individual's | ||||||
14 | state of residence. Programs providing treatment must be | ||||||
15 | licensed
under existing applicable alcoholism and drug | ||||||
16 | treatment licensure standards.
| ||||||
17 | (m) In addition to any other fine or penalty required by | ||||||
18 | law, an individual
convicted of a violation of subsection (a), | ||||||
19 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
20 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
21 | similar provision, whose operation of a motor vehicle, | ||||||
22 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
23 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
24 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
25 | similar
provision proximately caused an incident resulting in | ||||||
26 | an appropriate emergency
response, shall be required to make |
| |||||||
| |||||||
1 | restitution to a public agency for the
costs of that emergency | ||||||
2 | response. The restitution may not exceed $1,000 per
public | ||||||
3 | agency for each emergency response. As used in this subsection | ||||||
4 | (m),
"emergency response" means any incident requiring a | ||||||
5 | response by a police
officer, a firefighter carried on the | ||||||
6 | rolls of a regularly constituted fire
department, or an | ||||||
7 | ambulance.
| ||||||
8 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
9 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
10 | 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. | ||||||
11 | 6-28-06.)
| ||||||
12 | (Text of Section from P.A. 94-329 and 94-963) | ||||||
13 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
14 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
15 | combination thereof.
| ||||||
16 | (a) A person shall not drive or be in actual
physical | ||||||
17 | control of any vehicle within this State while:
| ||||||
18 | (1) the alcohol concentration in the person's blood or | ||||||
19 | breath is 0.08
or more based on the definition of blood and | ||||||
20 | breath units in Section 11-501.2;
| ||||||
21 | (2) under the influence of alcohol;
| ||||||
22 | (3) under the influence of any intoxicating compound or | ||||||
23 | combination of
intoxicating compounds to a degree that | ||||||
24 | renders the person incapable of
driving safely;
| ||||||
25 | (4) under the influence of any other drug or |
| |||||||
| |||||||
1 | combination of drugs to a
degree that renders the person | ||||||
2 | incapable of safely driving;
| ||||||
3 | (5) under the combined influence of alcohol, other drug | ||||||
4 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
5 | that renders the person
incapable of safely driving; or
| ||||||
6 | (6) there is any amount of a drug, substance, or | ||||||
7 | compound in the
person's breath, blood, or urine resulting | ||||||
8 | from the unlawful use or consumption
of cannabis listed in | ||||||
9 | the Cannabis Control Act, a controlled substance listed
in | ||||||
10 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
11 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
12 | (b) The fact that any person charged with violating this | ||||||
13 | Section is or
has been legally entitled to use alcohol, other | ||||||
14 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
15 | combination thereof, shall not constitute a defense against any | ||||||
16 | charge of
violating this Section.
| ||||||
17 | (b-1) With regard to penalties imposed under this Section:
| ||||||
18 | (1) Any reference to a prior violation of subsection | ||||||
19 | (a) or a similar
provision includes any violation of a | ||||||
20 | provision of a local ordinance or a
provision of a law of | ||||||
21 | another state that is similar to a violation of
subsection | ||||||
22 | (a) of this Section.
| ||||||
23 | (2) Any penalty imposed for driving with a license that | ||||||
24 | has been revoked
for a previous violation of subsection (a) | ||||||
25 | of this Section shall be in
addition to the penalty imposed | ||||||
26 | for any subsequent violation of subsection (a).
|
| |||||||
| |||||||
1 | (b-2) Except as otherwise provided in this Section, any | ||||||
2 | person convicted of
violating subsection (a) of this Section is | ||||||
3 | guilty of a Class A misdemeanor.
| ||||||
4 | (b-3) In addition to any other criminal or administrative | ||||||
5 | sanction for any
second conviction of violating subsection (a) | ||||||
6 | or a similar provision committed
within 5 years of a previous | ||||||
7 | violation of subsection (a) or a similar
provision, the | ||||||
8 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
9 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
10 | community service
as may be determined by the court.
| ||||||
11 | (b-4) In the case of a third or subsequent violation | ||||||
12 | committed within 5
years of a previous violation of subsection | ||||||
13 | (a) or a similar provision, in
addition to any other criminal | ||||||
14 | or administrative sanction, a mandatory minimum
term of either | ||||||
15 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
16 | be imposed.
| ||||||
17 | (b-5) The imprisonment or assignment of community service | ||||||
18 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
19 | suspension, nor shall the person be
eligible for a reduced | ||||||
20 | sentence.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
23 | period in which his
or her driving privileges are revoked | ||||||
24 | or suspended, where the revocation or
suspension was for a | ||||||
25 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
26 | (b)
of Section 11-401, or for reckless homicide as defined |
| |||||||
| |||||||
1 | in Section 9-3 of
the Criminal Code of 1961 is guilty of | ||||||
2 | aggravated driving under the influence of alcohol, other | ||||||
3 | drug or drugs, intoxicating compound or compounds, or any | ||||||
4 | combination thereof and is guilty of a
Class 4 felony.
| ||||||
5 | (2) A person who violates subsection (a) a third
time, | ||||||
6 | if the third violation occurs during a period in
which his | ||||||
7 | or her driving privileges are revoked or suspended where | ||||||
8 | the
revocation
or suspension was for a violation of | ||||||
9 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
10 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
11 | of the Criminal Code of 1961, is guilty of aggravated | ||||||
12 | driving under the influence of alcohol, other drug or | ||||||
13 | drugs, intoxicating compound or compounds, or any | ||||||
14 | combination thereof and is guilty of
a Class 3 felony. | ||||||
15 | (2.1) A person who violates subsection (a) a third | ||||||
16 | time, if the third
violation occurs during a period in | ||||||
17 | which his or her driving privileges are
revoked or | ||||||
18 | suspended where the revocation or suspension was for a | ||||||
19 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
20 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
21 | in Section
9-3 of the Criminal Code of 1961, is guilty of | ||||||
22 | aggravated driving under the influence of alcohol, other | ||||||
23 | drug or drugs, intoxicating compound or compounds, or any | ||||||
24 | combination thereof and is guilty of a Class 3 felony; and | ||||||
25 | if the
person receives a term of
probation or conditional | ||||||
26 | discharge, he or she shall be required to serve a
mandatory
|
| |||||||
| |||||||
1 | minimum of 10 days of imprisonment or shall be assigned a | ||||||
2 | mandatory minimum of
480 hours of community service, as may | ||||||
3 | be determined by the court, as a
condition of the probation | ||||||
4 | or conditional discharge. This mandatory minimum
term of | ||||||
5 | imprisonment or assignment of community service shall not | ||||||
6 | be suspended
or reduced by the court.
| ||||||
7 | (2.2) A person who violates subsection (a), if the
| ||||||
8 | violation occurs during a period in which his or her | ||||||
9 | driving privileges are
revoked or suspended where the | ||||||
10 | revocation or suspension was for a violation of
subsection | ||||||
11 | (a) or Section 11-501.1, is guilty of aggravated driving | ||||||
12 | under the influence of alcohol, other drug or drugs, | ||||||
13 | intoxicating compound or compounds, or any combination | ||||||
14 | thereof and shall also be sentenced to an additional
| ||||||
15 | mandatory minimum term of 30 consecutive days of | ||||||
16 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
17 | 720 hours of community service, as may be
determined by the | ||||||
18 | court. This mandatory term of imprisonment or assignment of
| ||||||
19 | community service shall not be suspended or reduced by the | ||||||
20 | court.
| ||||||
21 | (3) A person who violates subsection (a) a fourth or
| ||||||
22 | subsequent time, if the fourth or subsequent violation | ||||||
23 | occurs
during a period in which his
or her driving | ||||||
24 | privileges are revoked or suspended where the revocation
or | ||||||
25 | suspension was for a violation of subsection (a),
Section | ||||||
26 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
| |||||||
| |||||||
1 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
2 | 1961, is guilty of aggravated driving under the influence | ||||||
3 | of alcohol, other drug or drugs, intoxicating compound or | ||||||
4 | compounds, or any combination thereof and is guilty of
a | ||||||
5 | Class 2 felony, and is not eligible for a sentence of | ||||||
6 | probation or
conditional discharge.
| ||||||
7 | (c-2) (Blank).
| ||||||
8 | (c-3) (Blank).
| ||||||
9 | (c-4) (Blank).
| ||||||
10 | (c-5) A person who violates subsection (a), if the person | ||||||
11 | was transporting
a person under the age of 16 at the time of | ||||||
12 | the violation, is subject to an
additional mandatory minimum | ||||||
13 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
14 | community service, which shall include 40 hours of community
| ||||||
15 | service in a program benefiting children, and an additional 2 | ||||||
16 | days of
imprisonment. The imprisonment or assignment of | ||||||
17 | community service under this
subsection (c-5) is not subject to | ||||||
18 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
19 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
20 | person who
violates
subsection (a) a second time, if at the | ||||||
21 | time of
the second violation the person was transporting a | ||||||
22 | person under the age of 16,
is subject to an additional 10 days | ||||||
23 | of imprisonment, an additional mandatory
minimum fine of | ||||||
24 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
25 | community service, which shall include 40 hours of community | ||||||
26 | service in a
program benefiting children.
The imprisonment or |
| |||||||
| |||||||
1 | assignment of community service under this subsection (c-6)
is | ||||||
2 | not subject to suspension, nor is the person eligible for a | ||||||
3 | reduced
sentence.
| ||||||
4 | (c-7) Except as provided in subsection (c-8), any person | ||||||
5 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
6 | within 10 years of a previous violation of subsection (a) or a
| ||||||
7 | similar provision shall receive, in addition to any other | ||||||
8 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
9 | additional 40 hours of mandatory
community service in a program | ||||||
10 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
11 | The imprisonment or assignment of community service under this
| ||||||
12 | subsection (c-7) is not subject to suspension, nor is the | ||||||
13 | person
eligible for a reduced sentence.
| ||||||
14 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
15 | a similar
provision within 5 years of a previous violation of | ||||||
16 | subsection (a) or a similar
provision shall receive, in | ||||||
17 | addition to any other penalty imposed, an
additional 80 hours | ||||||
18 | of mandatory community service in a program benefiting
| ||||||
19 | children, an additional mandatory minimum 12 days of | ||||||
20 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
21 | imprisonment or assignment of community
service under this | ||||||
22 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
23 | person eligible for a reduced sentence.
| ||||||
24 | (c-9) Any person convicted a third time for violating | ||||||
25 | subsection (a) or a
similar provision, if at the time of the | ||||||
26 | third violation the person was
transporting a person under the |
| |||||||
| |||||||
1 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
2 | addition to any other
penalty imposed, an additional mandatory | ||||||
3 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
4 | service, which shall include 40 hours in a
program benefiting | ||||||
5 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
6 | imprisonment or assignment of community service under this | ||||||
7 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
8 | person eligible for a reduced
sentence.
| ||||||
9 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
10 | or a similar
provision a third time within 20 years of a | ||||||
11 | previous violation of subsection
(a) or a
similar provision is | ||||||
12 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
13 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
14 | community
service in a program benefiting children, an | ||||||
15 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
16 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
17 | community service under this subsection (c-10) is not subject | ||||||
18 | to
suspension, nor is the person eligible for a reduced | ||||||
19 | sentence.
| ||||||
20 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
21 | violating
subsection (a) or a similar provision, if at the time | ||||||
22 | of the fourth or
subsequent violation the person was | ||||||
23 | transporting a person under the age of 16,
and if the person's | ||||||
24 | 3 prior violations of subsection (a) or a similar provision
| ||||||
25 | occurred while transporting a person under the age of 16 or | ||||||
26 | while the alcohol
concentration in his or her blood, breath, or |
| |||||||
| |||||||
1 | urine was 0.16 or more based
on the definition of blood, | ||||||
2 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
3 | Class 2 felony, is not eligible for probation or conditional
| ||||||
4 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
5 | (c-12) Any person convicted of a first violation of | ||||||
6 | subsection (a) or a
similar provision, if the alcohol | ||||||
7 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
8 | more based on the definition of blood, breath, or urine
units | ||||||
9 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
10 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
11 | hours of community service
and a mandatory minimum fine of | ||||||
12 | $500.
| ||||||
13 | (c-13) Any person convicted of a second violation of | ||||||
14 | subsection (a) or a similar provision committed within 10 years | ||||||
15 | of a previous violation of subsection (a) or a similar | ||||||
16 | provision committed within 10 years of a previous violation of | ||||||
17 | subsection (a) or a similar provision, if at the time of the | ||||||
18 | second violation of subsection (a) the
alcohol concentration in | ||||||
19 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
20 | the definition of blood, breath, or urine units in Section | ||||||
21 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
22 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
23 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
24 | (c-14) Any person convicted of a third violation of | ||||||
25 | subsection (a) or a
similar provision within 20 years of a | ||||||
26 | previous violation of subsection (a) or
a
similar provision, if |
| |||||||
| |||||||
1 | at the time of the third violation of subsection (a) or a
| ||||||
2 | similar provision the alcohol concentration in his or her | ||||||
3 | blood, breath, or
urine was 0.16 or more based on the | ||||||
4 | definition of blood, breath, or urine units
in Section | ||||||
5 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
6 | in
addition to any other penalty that may be imposed, to a | ||||||
7 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
8 | minimum fine of $2,500.
| ||||||
9 | (c-15) Any person convicted of a fourth or subsequent | ||||||
10 | violation of
subsection
(a) or a similar provision, if at the | ||||||
11 | time of the fourth or subsequent
violation the alcohol | ||||||
12 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
13 | more based on the definition of blood, breath, or urine units | ||||||
14 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
15 | subsection (a) or a
similar provision occurred while | ||||||
16 | transporting a person under the age of 16 or
while the alcohol | ||||||
17 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
18 | more based on the definition of blood, breath, or urine units | ||||||
19 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
20 | eligible for a sentence of
probation or conditional discharge | ||||||
21 | and is subject to a minimum fine of
$2,500.
| ||||||
22 | (d) (1) Every person convicted of committing a violation of | ||||||
23 | this Section
shall be guilty of aggravated driving under | ||||||
24 | the influence of alcohol,
other drug or drugs, or | ||||||
25 | intoxicating compound or compounds, or any combination
| ||||||
26 | thereof if:
|
| |||||||
| |||||||
1 | (A) the person committed a violation of subsection | ||||||
2 | (a) or a similar
provision for the
third or subsequent | ||||||
3 | time;
| ||||||
4 | (B) the person committed a violation of subsection | ||||||
5 | (a)
while
driving a school bus with persons 18 years of | ||||||
6 | age or younger
on board;
| ||||||
7 | (C) the person in committing a violation of | ||||||
8 | subsection
(a) was
involved in a motor vehicle accident | ||||||
9 | that resulted in great bodily harm or
permanent | ||||||
10 | disability or disfigurement to another, when the | ||||||
11 | violation was
a proximate cause of the injuries;
| ||||||
12 | (D) the person committed a violation of subsection | ||||||
13 | (a)
for a
second time and has been previously convicted | ||||||
14 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
15 | or a similar provision of a law of another state | ||||||
16 | relating to reckless homicide in which the person was
| ||||||
17 | determined to have been under the influence of alcohol, | ||||||
18 | other drug or
drugs, or intoxicating compound or | ||||||
19 | compounds as an element of the offense or
the person | ||||||
20 | has previously been convicted
under subparagraph (C) | ||||||
21 | or subparagraph (F) of this paragraph (1);
| ||||||
22 | (E) the person, in committing a violation of | ||||||
23 | subsection (a) while
driving at any speed in a school | ||||||
24 | speed zone at a time when a speed limit of
20 miles per | ||||||
25 | hour was in effect under subsection (a) of Section | ||||||
26 | 11-605 of
this Code, was involved in a motor vehicle |
| |||||||
| |||||||
1 | accident that resulted in bodily
harm, other than great | ||||||
2 | bodily harm or permanent disability or disfigurement,
| ||||||
3 | to another person, when the violation of subsection (a) | ||||||
4 | was a
proximate cause
of the bodily harm; or
| ||||||
5 | (F) the person, in committing a violation of | ||||||
6 | subsection (a), was
involved in a motor vehicle, | ||||||
7 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
8 | accident that resulted in
the death of another person, | ||||||
9 | when the violation of subsection
(a) was
a proximate | ||||||
10 | cause of the death;
| ||||||
11 | (G) the person committed the violation while he or | ||||||
12 | she did not possess a driver's license or permit or a | ||||||
13 | restricted driving permit or a judicial driving | ||||||
14 | permit; or
| ||||||
15 | (H) the person committed the violation while he or | ||||||
16 | she knew or should have known that the vehicle he or | ||||||
17 | she was driving was not covered by a liability | ||||||
18 | insurance policy.
| ||||||
19 | (2) Except as provided in this paragraph (2) and in | ||||||
20 | paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||||||
21 | person convicted of
aggravated driving under
the
influence | ||||||
22 | of alcohol, other drug or
drugs,
or intoxicating compound | ||||||
23 | or compounds, or any
combination thereof is guilty of a | ||||||
24 | Class 4 felony. For a violation of
subparagraph (C)
of
| ||||||
25 | paragraph (1) of this subsection (d), the defendant, if | ||||||
26 | sentenced to a term
of imprisonment, shall be sentenced
to |
| |||||||
| |||||||
1 | not less than
one year nor more than 12 years.
Aggravated | ||||||
2 | driving under the influence of alcohol, other drug or | ||||||
3 | drugs,
or intoxicating compound or compounds, or any | ||||||
4 | combination thereof as
defined in subparagraph (F) of | ||||||
5 | paragraph (1) of this subsection (d) is
a Class 2 felony, | ||||||
6 | for which the defendant, if sentenced to a term of
| ||||||
7 | imprisonment, shall be sentenced to: (A) a
term of | ||||||
8 | imprisonment of not less than 3 years and not more
than 14 | ||||||
9 | years if the violation resulted in the death of one person; | ||||||
10 | or
(B) a term of imprisonment of not less than 6 years and | ||||||
11 | not
more than 28 years if the violation resulted in the | ||||||
12 | deaths of 2 or more
persons.
For any prosecution under this | ||||||
13 | subsection
(d), a certified copy of the
driving abstract of | ||||||
14 | the defendant shall be admitted as proof of any prior
| ||||||
15 | conviction.
Any person sentenced under this subsection (d) | ||||||
16 | who receives a term of
probation
or conditional discharge | ||||||
17 | must serve a minimum term of either 480 hours of
community | ||||||
18 | service or 10 days of imprisonment as a condition of the | ||||||
19 | probation or
conditional discharge. This mandatory minimum | ||||||
20 | term of imprisonment or
assignment of community service may | ||||||
21 | not be suspended or reduced by the court.
| ||||||
22 | (e) After a finding of guilt and prior to any final | ||||||
23 | sentencing, or an
order for supervision, for an offense based | ||||||
24 | upon an arrest for a
violation of this Section or a similar | ||||||
25 | provision of a local ordinance,
individuals shall be required | ||||||
26 | to undergo a professional evaluation to
determine if an |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
1 | (h) (Blank).
| ||||||
2 | (i) The Secretary of State shall require the installation | ||||||
3 | and continuous use of ignition interlock
devices on all | ||||||
4 | vehicles owned by an individual who has been convicted of a
| ||||||
5 | first, second, or third violation
second
or subsequent offense
| ||||||
6 | of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a | ||||||
7 | similar provision of a local
ordinance. The Secretary shall | ||||||
8 | establish by rule and regulation the procedures
for | ||||||
9 | certification and use of the ignition interlock system.
| ||||||
10 | The ignition interlock device installed in the vehicle of a | ||||||
11 | person convicted of a first, second, or third violation of | ||||||
12 | subdivision (a)(1), (a)(2), or (a)(5) of this Section shall | ||||||
13 | remain installed until the individual's driver's license has | ||||||
14 | been reinstated. Individuals with a fourth or subsequent | ||||||
15 | conviction of violating subdivision (a)(1), (a)(2), or (a)(3) | ||||||
16 | of this Section must install and maintain ignition interlock | ||||||
17 | devices on all vehicles they own and must keep the devices on | ||||||
18 | those vehicles indefinitely. Individuals who have been | ||||||
19 | convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of | ||||||
20 | this Section or a similar provision of a local ordinance but do | ||||||
21 | not own a vehicle must either: use a transdermal alcohol | ||||||
22 | monitoring device until the individual's driver's license has | ||||||
23 | been reinstated or install an ignition interlock device in a | ||||||
24 | vehicle not owned by the individual until the individual's | ||||||
25 | driver's license has been reinstated. Upon installation, the | ||||||
26 | individual shall pay to the Secretary of State DUI |
| |||||||
| |||||||
1 | Administration Fund an annual fee of $120 and shall continue to | ||||||
2 | pay this fee annually until the individual's driver's license | ||||||
3 | has been reinstated. The Secretary
of State shall adopt rules | ||||||
4 | for the collection of this fee and for its payment in monthly | ||||||
5 | increments for necessary periods of less than one year.
| ||||||
6 | (i-1) Individuals convicted of violating subsection (i) | ||||||
7 | shall be guilty of a Class 4 felony, shall not be eligible for | ||||||
8 | a sentence of probation or conditional discharge, and shall, in | ||||||
9 | addition to any other penalty imposed, be subject to a | ||||||
10 | mandatory minimum fine of $2,500. This fine shall not be | ||||||
11 | suspended or reduced by the court.
| ||||||
12 | (i-2) Individuals convicted of violating subsection (i) a | ||||||
13 | second or subsequent time shall be guilty of a Class 4 felony, | ||||||
14 | shall not be eligible for a sentence of probation or | ||||||
15 | conditional discharge, and shall, in addition to any other | ||||||
16 | penalty imposed, be subject to imprisonment of no less than 18 | ||||||
17 | months. This term of imprisonment shall not be suspended or | ||||||
18 | reduced by the court.
| ||||||
19 | (j) In addition to any other penalties and liabilities, a | ||||||
20 | person who is
found guilty of or pleads guilty to violating | ||||||
21 | subsection (a), including any
person placed on court | ||||||
22 | supervision for violating subsection (a), shall be fined
$500, | ||||||
23 | payable to the
circuit clerk, who shall distribute the money as | ||||||
24 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
25 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
26 | into the General Revenue Fund. If the person has been |
| |||||||
| |||||||
1 | previously convicted of violating
subsection (a) or a similar | ||||||
2 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
3 | the event that more than one agency is responsible
for the | ||||||
4 | arrest, the amount payable to law enforcement agencies shall be | ||||||
5 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
6 | under this subsection (j) shall be used for enforcement and | ||||||
7 | prevention of driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof, as defined by this Section, including but | ||||||
10 | not limited to the purchase of law
enforcement equipment and | ||||||
11 | commodities that will assist in the prevention of alcohol | ||||||
12 | related
criminal violence throughout the State; police officer | ||||||
13 | training and education in areas related to alcohol related | ||||||
14 | crime, including but not limited to DUI training; and police | ||||||
15 | officer salaries, including but not limited to salaries for | ||||||
16 | hire back funding for safety checkpoints, saturation patrols, | ||||||
17 | and liquor store sting operations. Equipment and commodities | ||||||
18 | shall include, but are not limited
to, in-car video cameras, | ||||||
19 | radar and laser speed detection devices, and alcohol
breath | ||||||
20 | testers.
Any moneys received by the Department of State Police | ||||||
21 | under this subsection
(j) shall be deposited into the State | ||||||
22 | Police DUI Fund and shall be used for enforcement and | ||||||
23 | prevention of driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof, as defined by this Section, including but | ||||||
26 | not limited to the
purchase of law enforcement equipment and |
| |||||||
| |||||||
1 | 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 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 |
| |||||||
| |||||||
1 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
2 | education, neither the treatment nor the education
shall be the | ||||||
3 | sole disposition and either or both may be imposed only in
| ||||||
4 | conjunction with another disposition. The court shall monitor | ||||||
5 | compliance with
any remedial education or treatment | ||||||
6 | recommendations contained in the
professional evaluation. | ||||||
7 | Programs conducting alcohol or other drug evaluation
or | ||||||
8 | remedial education must be licensed by the Department of Human | ||||||
9 | Services. If
the individual is not a resident of Illinois, | ||||||
10 | however, the court may accept an
alcohol or other drug | ||||||
11 | evaluation or remedial education program in the
individual's | ||||||
12 | state of residence. Programs providing treatment must be | ||||||
13 | licensed
under existing applicable alcoholism and drug | ||||||
14 | treatment licensure standards.
| ||||||
15 | (m) In addition to any other fine or penalty required by | ||||||
16 | law, an individual
convicted of a violation of subsection (a), | ||||||
17 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
18 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
19 | similar provision, whose operation of a motor vehicle, | ||||||
20 | snowmobile, or
watercraft while in
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 proximately caused an incident resulting in | ||||||
24 | an appropriate emergency
response, shall be required to make | ||||||
25 | restitution to a public agency for the
costs of that emergency | ||||||
26 | response. The restitution may not exceed $1,000 per
public |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | agency for each emergency response. As used in this subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (m),
"emergency response" means any incident requiring a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | response by a police
officer, a firefighter carried on the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | rolls of a regularly constituted fire
department, or an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | ambulance.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 6-28-06.)
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