95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2773


 
Introduced 2/15/2008, by Sen. Dan Kotowski
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/11-501
  from Ch. 95 1/2, par. 11-501








    Amends the Illinois Vehicle Code.  Provides that a person who commits the offense of driving under the influence

during
a period in which his
or her driving privileges are revoked or suspended, where the revocation or
suspension was for driving under the influence

or a similar provision of the law of another jurisdiction is guilty of a
Class 4 felony.  Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2773

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1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7
    (Text of Section before amendment by P.A. 95-400 and 
8
95-578)
9
    (Text of Section from P.A. 93-1093, 94-963, 95-149, and 
10
95-355)
11
    Sec. 11-501. Driving while under the influence of alcohol, 
12
other drug or
drugs, intoxicating compound or compounds or any 
13
combination thereof.

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


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


19
        (2) under the influence of alcohol;


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


23
        (4) under the influence of any other drug or 
 


 






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    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, an intoxicating 
11
    compound listed
in the Use of Intoxicating Compounds Act, 
12
    or methamphetamine as listed in the Methamphetamine 
13
    Control and Community Protection Act.


14
    (b) The fact that any person charged with violating this 
15
Section is or
has been legally entitled to use alcohol, other 
16
drug or drugs, or
intoxicating compound or compounds, or any

17
combination thereof,  shall not constitute a defense against any 
18
charge of
violating this Section.


19
    (b-1) With regard to penalties imposed under this Section:

20
        (1) Any reference to a prior violation of subsection 
21
    (a) or a similar
provision includes any violation of a 
22
    provision of a local ordinance or a
provision of a law of 
23
    another state or an offense committed on a military 
24
    installation that is similar to a violation of
subsection 
25
    (a) of this Section.

26
        (2) Any penalty imposed for driving with a license that 
 


 






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    has been revoked
for a previous violation of subsection (a) 
2
    of this Section shall be in
addition to the penalty imposed 
3
    for any subsequent violation of subsection (a).

4
    (b-2) Except as otherwise provided in this Section, any 
5
person convicted of
violating subsection (a) of this Section is 
6
guilty of a Class A misdemeanor.

7
    (b-3) In addition to any other criminal or administrative 
8
sanction for any
second conviction of violating subsection (a) 
9
or a similar provision committed
within 5 years of a previous 
10
violation of subsection (a) or a similar
provision, the 
11
defendant shall be sentenced to a mandatory minimum of 5 days 
12
of
imprisonment or assigned a mandatory minimum of 240 hours of 
13
community service
as may be determined by the court.

14
    (b-4) In the case of a third or subsequent violation 
15
committed within 5
years of a previous violation of subsection 
16
(a) or a similar provision, in
addition to any other criminal 
17
or administrative sanction, a mandatory minimum
term of either 
18
10 days of imprisonment or 480 hours of community service shall

19
be imposed.

20
    (b-5) The imprisonment or assignment of community service 
21
under subsections
(b-3) and (b-4) shall not be subject to 
22
suspension, nor shall the person be
eligible for a reduced 
23
sentence.


24
    (c) (Blank).



25
    (c-1) (1) A person who violates subsection (a)

during
a 
26
    period in which his
or her driving privileges are revoked 
 


 






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    or suspended, where the revocation or
suspension was for a 
2
    violation of subsection (a) or a similar
provision, Section

3
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
4
    homicide as defined in Section 9-3 of
the Criminal Code of 
5
    1961 is guilty of a
Class 4 felony.


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

12
    of the Criminal Code of 1961, is guilty of
a Class 3 
13
    felony; and if the
person receives a term of
probation or 
14
    conditional discharge, he or she shall be required to serve 
15
    a
mandatory
minimum of 10 days of imprisonment or shall be 
16
    assigned a mandatory minimum of
480 hours of community 
17
    service, as may be determined by the court, as a
condition 
18
    of the probation or conditional discharge. This mandatory 
19
    minimum
term of imprisonment or assignment of community 
20
    service shall not be suspended
or 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 
 


 






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


15
    (c-2) (Blank).


16
    (c-3) (Blank).



17
    (c-4) (Blank).

18
    (c-5)(1) A person who violates subsection (a), if the 
19
    person was transporting
a person under the age of 16 at the 
20
    time of the violation, is subject to an
additional 
21
    mandatory minimum fine of $1,000, an additional mandatory 
22
    minimum
140 hours of community service, which shall include 
23
    40 hours of community
service in a program benefiting 
24
    children, and an additional 2 days of
imprisonment. The 
25
    imprisonment or assignment of community service under this 
26
    subdivision (c-5)(1) is not subject to suspension, nor is 
 


 






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    the person eligible for
a reduced sentence.

2
        (2) Except as provided in subdivisions (c-5)(3) and 
3
    (c-5)(4) a person who
violates
subsection (a) a second 
4
    time, if at the time of
the second violation the person was 
5
    transporting a person under the age of 16,
is subject to an 
6
    additional 10 days of imprisonment, an additional 
7
    mandatory
minimum fine of $1,000, and an additional 
8
    mandatory minimum 140 hours of
community service, which 
9
    shall include 40 hours of community service in a
program 
10
    benefiting children.
The imprisonment or assignment of 
11
    community service under this subdivision (c-5)(2)

is not 
12
    subject to suspension, nor is the person eligible for a 
13
    reduced
sentence.

14
        (3) Except as provided in subdivision (c-5)(4), any 
15
    person convicted of
violating subdivision (c-5)(2) or a 
16
    similar
provision within 10 years of a previous violation 
17
    of subsection (a) or a
similar provision shall receive, in 
18
    addition to any other penalty imposed, a
mandatory minimum 
19
    12 days imprisonment, an additional 40 hours of mandatory

20
    community service in a program benefiting children, and a 
21
    mandatory minimum
fine of $1,750. The imprisonment or 
22
    assignment of community service under this subdivision 
23
    (c-5)(3) is not subject to suspension, nor is the person

24
    eligible for a reduced sentence.

25
        (4) Any person convicted of violating subdivision 
26
    (c-5)(2) or a similar
provision within 5 years of a 
 


 






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    previous violation of subsection (a) or a similar
provision 
2
    shall receive, in addition to any other penalty imposed, an

3
    additional 80 hours of mandatory community service in a 
4
    program benefiting
children, an additional mandatory 
5
    minimum 12 days of imprisonment, and a
mandatory minimum 
6
    fine of $1,750. The imprisonment or assignment of community

7
    service under this subdivision (c-5)(4)

is not subject to 
8
    suspension, nor
is the
person eligible for a reduced 
9
    sentence.

10
        (5) Any person convicted a third time for violating 
11
    subsection (a) or a
similar provision, if at the time of 
12
    the third violation the person was
transporting a person 
13
    under the age of 16, is guilty of a Class 4 felony and 
14
    shall
receive, in addition to any other
penalty imposed, an 
15
    additional mandatory fine of $1,000, an additional

16
    mandatory 140 hours of community service, which shall 
17
    include 40 hours in a
program benefiting children, and a 
18
    mandatory minimum 30 days of imprisonment.
The 
19
    imprisonment or assignment of community service under this 
20
    subdivision (c-5)(5)

is not subject to suspension, nor is 
21
    the person eligible for a reduced
sentence.

22
        (6) Any person convicted of violating subdivision 
23
    (c-5)(5) or a similar
provision a third time within 20 
24
    years of a previous violation of subsection
(a) or a

25
    similar provision is guilty of a Class 4 felony and shall 
26
    receive, in addition
to any other penalty imposed, an 
 


 






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    additional mandatory 40 hours of community
service in a 
2
    program benefiting children, an additional mandatory fine 
3
    of
$3,000, and a mandatory minimum 120 days of 
4
    imprisonment. The imprisonment or
assignment of community 
5
    service under this subdivision (c-5)(6) is not subject to

6
    suspension, nor is the person eligible for a reduced 
7
    sentence.

8
        (7) Any person convicted a fourth or subsequent time 
9
    for violating
subsection (a) or a similar provision, if at 
10
    the time of the fourth or
subsequent violation the person 
11
    was transporting a person under the age of 16,
and if the 
12
    person's 3 prior violations of subsection (a) or a
similar 
13
    provision
occurred while transporting a person under the 
14
    age of 16 or while the alcohol
concentration in his or her 
15
    blood, breath, or urine was 0.16 or more based
on the 
16
    definition of blood, breath, or urine units in Section 
17
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
18
    for probation or conditional
discharge, and is subject to a 
19
    minimum fine of $3,000.

20
    (c-6)(1) Any person convicted of a first violation of 
21
    subsection (a) or a
similar provision, if 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, shall be subject, in 
25
    addition to any other penalty
that may be imposed, to a 
26
    mandatory minimum of 100 hours of community service
and a 
 


 






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    mandatory minimum fine of $500.

2
        (2) Any person convicted of a second violation of 
3
    subsection (a) or a similar provision committed within 10 
4
    years of a previous violation of subsection (a) or a 
5
    similar provision, if at the time of the second violation 
6
    of subsection (a) or a similar provision the
alcohol 
7
    concentration in his or her blood, breath, or urine was 
8
    0.16 or more
based on the definition of blood, breath, or 
9
    urine units in Section 11-501.2,
shall be
subject, in 
10
    addition to any other penalty that may be imposed, to a 
11
    mandatory
minimum of 2 days of imprisonment and a mandatory 
12
    minimum fine of $1,250.

13
        (3) Any person convicted of a third violation of 
14
    subsection (a) or a
similar provision within 20 years of a 
15
    previous violation of subsection (a) or
a
similar 
16
    provision, if at the time of the third violation of 
17
    subsection (a) or a
similar provision the alcohol 
18
    concentration in his or her blood, breath, or
urine was 
19
    0.16 or more based on the definition of blood, breath, or 
20
    urine units
in Section 11-501.2, is guilty of a Class 4 
21
    felony and shall be subject, in
addition to any other 
22
    penalty that may be imposed, to a mandatory minimum of
90 
23
    days of imprisonment and a mandatory minimum fine of 
24
    $2,500.

25
        (4) Any person convicted of a fourth or subsequent 
26
    violation of
subsection
(a) or a similar provision, if at 
 


 






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    the time of the fourth or subsequent
violation the alcohol 
2
    concentration in his or her blood, breath, or urine was

3
    0.16 or more based on the definition of blood, breath, or 
4
    urine units in
Section 11-501.2, and if the person's 3 
5
    prior violations of subsection (a) or a
similar provision 
6
    occurred while transporting a person under the age of 16 or

7
    while the alcohol concentration in his or her blood, 
8
    breath, or urine was 0.16
or more based on the definition 
9
    of blood, breath, or urine units in Section
11-501.2, is 
10
    guilty of a Class 2 felony and is not eligible for a 
11
    sentence of
probation or conditional discharge and is 
12
    subject to a minimum fine of
$2,500.


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

17
    thereof if:


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


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

on board;


24
            (C) the person in committing a violation of 
25
        subsection
(a) was
involved in a motor vehicle accident 
26
        that resulted in great bodily harm or
permanent 
 


 






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        disability or disfigurement to another, when the 
2
        violation was
a proximate cause of the injuries;


3
            (D) the person committed a violation of subsection 
4
        (a)
for a
second time and has been previously convicted 
5
        of violating Section 9-3 of the
Criminal Code of 1961 
6
        or a similar provision of a law of another state 
7
        relating to reckless homicide in which the person was

8
        determined to have been under the influence of alcohol, 
9
        other drug or
drugs, or intoxicating compound or 
10
        compounds as an element of the offense or
the person 
11
        has previously been convicted
under subparagraph (C) 
12
        or subparagraph (F) of this paragraph (1);


13
            (E) the person, in committing a violation of 
14
        subsection (a) while
driving at any speed in a school 
15
        speed zone at a time when a speed limit of
20 miles per 
16
        hour was in effect under subsection (a) of Section 
17
        11-605 of
this Code, was involved in a motor vehicle 
18
        accident that resulted in bodily
harm, other than great 
19
        bodily harm or permanent disability or disfigurement,

20
        to another person, when the violation of subsection (a) 
21
        was a
proximate cause
of the bodily harm; or


22
            (F) the person, in committing a violation of 
23
        subsection (a), was
involved in a motor vehicle, 
24
        snowmobile, all-terrain vehicle, or watercraft

25
        accident that resulted in
the death of another person, 
26
        when the violation of subsection
(a) was
a proximate 
 


 






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        cause of the death.


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

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

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


 






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    discharge. This mandatory minimum term of imprisonment or

2
    assignment of community service may not be suspended or 
3
    reduced by the court.


4
    (e) After a finding of guilt and prior to any final 
5
sentencing, or an
order for supervision, for an offense based 
6
upon an arrest for a
violation of this Section or a similar 
7
provision of a local ordinance,
individuals shall be required 
8
to undergo a professional evaluation to
determine if an 
9
alcohol, drug, or intoxicating compound abuse problem exists

10
and the
extent of the problem, and undergo the imposition of 
11
treatment as appropriate.
Programs conducting these 
12
evaluations shall be
licensed by the Department of Human 
13
Services.  The cost of any professional
evaluation shall be paid 
14
for by the
individual
required to undergo the professional 
15
evaluation.


16
    (e-1) Any person who is found guilty of or pleads guilty to 
17
violating this
Section, including any person receiving a 
18
disposition of court supervision for
violating this Section, 
19
may be required by the Court to attend a victim
impact panel 
20
offered by, or under contract with, a County State's Attorney's

21
office, a probation and court services department, Mothers 
22
Against Drunk
Driving,
or the Alliance Against Intoxicated 
23
Motorists.
All costs generated by
the victim impact panel shall 
24
be paid from fees collected from the
offender or as may be 
25
determined by the court.


26
    (f) Every person found guilty of violating this Section, 
 


 






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whose
operation of a motor vehicle while in violation of this 
2
Section proximately
caused any incident resulting in an 
3
appropriate emergency response, shall
be liable for the expense 
4
of an emergency response as provided in subsection (m) of this 
5
Section.


6
    (g) The Secretary of State shall revoke the driving 
7
privileges of any
person convicted under this Section or a 
8
similar provision of a local
ordinance.


9
    (h) (Blank).



10
    (i) The Secretary of State shall require the use of 
11
ignition interlock
devices on all vehicles owned by an 
12
individual who has been convicted of a
second
or subsequent 
13
offense of this Section or a similar provision of a local

14
ordinance.  The Secretary shall establish by rule and regulation 
15
the procedures
for certification and use of the interlock 
16
system.


17
    (j) In addition to any other penalties and liabilities, a 
18
person who is
found guilty of or pleads guilty to violating 
19
subsection (a), including any
person placed on court 
20
supervision for violating subsection (a), shall be fined
$500, 
21
payable to the
circuit clerk, who shall distribute the money as 
22
follows: 20% to the law enforcement agency
that made the arrest 
23
and 80% shall be forwarded to the State Treasurer for deposit 
24
into the General Revenue Fund.  If the person has been 
25
previously convicted of violating
subsection (a) or a similar 
26
provision of a local
ordinance, the fine shall be
$1,000.  In 
 


 






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the event that more than one agency is responsible
for the 
2
arrest, the amount payable to law enforcement agencies  shall be 
3
shared equally.  Any moneys received
by a law
enforcement agency 
4
under this subsection (j) shall be used for enforcement and 
5
prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the purchase of law
enforcement equipment and 
9
commodities that will assist in the prevention of alcohol 
10
related
criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations.  Equipment and commodities 
16
shall include, but are not limited
to, in-car video cameras, 
17
radar and laser speed detection devices, and alcohol
breath 
18
testers.
Any moneys received by the Department of State Police 
19
under this subsection
(j) shall be deposited into the State 
20
Police DUI Fund and shall be used for enforcement and 
21
prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the

purchase of law enforcement equipment and 
25
commodities that will assist in the prevention of
alcohol 
26
related criminal violence throughout the State; police officer 
 


 






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1
training and education in areas related to alcohol related 
2
crime, including but not limited to DUI training; and police 
3
officer salaries, including but not limited to salaries for 
4
hire back funding for safety checkpoints, saturation patrols, 
5
and liquor store sting operations.


6
    (k) The Secretary of State Police DUI Fund is created as a 
7
special
fund in the State treasury. All moneys received by the 
8
Secretary of State
Police under subsection (j) of this Section 
9
shall be deposited into the
Secretary of State Police DUI Fund 
10
and, subject to appropriation, shall be
used for enforcement 
11
and prevention of driving while under the influence of alcohol, 
12
other drug or drugs, intoxicating compound or compounds or any 
13
combination thereof, as defined by this Section, including but 
14
not limited to the purchase of law enforcement equipment and 
15
commodities to assist in the prevention of
alcohol related 
16
criminal violence throughout the State; police officer 
17
training and education in areas related to alcohol related 
18
crime, including but not limited to DUI training; and police 
19
officer salaries, including but not limited to salaries for 
20
hire back funding for safety checkpoints, saturation patrols, 
21
and liquor store sting operations.


22
    (l) Whenever an individual is sentenced for an offense 
23
based upon an
arrest for a violation of subsection (a) or a 
24
similar provision of a local
ordinance, and the professional 
25
evaluation recommends remedial or
rehabilitative treatment or 
26
education, neither the treatment nor the education
shall be the 
 


 






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1
sole disposition and either or both may be imposed only in

2
conjunction with another disposition. The court shall monitor 
3
compliance with
any remedial education or treatment 
4
recommendations contained in the
professional evaluation. 
5
Programs conducting alcohol or other drug evaluation
or 
6
remedial education must be licensed by the Department of Human 
7
Services. If
the individual is not a resident of Illinois, 
8
however, the court may accept an
alcohol or other drug 
9
evaluation or remedial education program in the
individual's 
10
state of residence.  Programs providing treatment must be 
11
licensed
under existing applicable alcoholism and drug 
12
treatment licensure standards.

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


 






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1
response by a police
officer, a firefighter carried on the 
2
rolls of a regularly constituted fire
department, or an 
3
ambulance.


4
(Source: P.A. 93-1093, eff. 3-29-05; 94-963, eff. 6-28-06; 
5
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)

 
6
    (Text of Section from P.A. 94-110, 94-963, 95-149, and 
7
95-355)
8
    Sec. 11-501. Driving while under the influence of alcohol, 
9
other drug or
drugs, intoxicating compound or compounds or any 
10
combination thereof.

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


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


16
        (2) under the influence of alcohol;


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


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


23
        (5) under the combined influence of alcohol, other drug 
24
    or drugs, or
intoxicating compound or compounds to a degree 
25
    that renders the person
incapable of safely driving; or


 


 






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1
        (6) there is any amount of a drug, substance, or 
2
    compound in the
person's breath, blood, or urine resulting 
3
    from the unlawful use or consumption
of cannabis listed in 
4
    the Cannabis Control Act, a controlled substance listed
in 
5
    the Illinois Controlled Substances Act, an intoxicating 
6
    compound listed
in the Use of Intoxicating Compounds Act, 
7
    or methamphetamine as listed in the Methamphetamine 
8
    Control and Community Protection Act.


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

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


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

15
        (1) Any reference to a prior violation of subsection 
16
    (a) or a similar
provision includes any violation of a 
17
    provision of a local ordinance or a
provision of a law of 
18
    another state or an offense committed on a military 
19
    installation that is similar to a violation of
subsection 
20
    (a) of this Section.

21
        (2) Any penalty imposed for driving with a license that 
22
    has been revoked
for a previous violation of subsection (a) 
23
    of this Section shall be in
addition to the penalty imposed 
24
    for any subsequent violation of subsection (a).

25
    (b-2) Except as otherwise provided in this Section, any 
26
person convicted of
violating subsection (a) of this Section is 
 


 






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1
guilty of a Class A misdemeanor.

2
    (b-3) In addition to any other criminal or administrative 
3
sanction for any
second conviction of violating subsection (a) 
4
or a similar provision committed
within 5 years of a previous 
5
violation of subsection (a) or a similar
provision, the 
6
defendant shall be sentenced to a mandatory minimum of 5 days 
7
of
imprisonment or assigned a mandatory minimum of 240 hours of 
8
community service
as may be determined by the court.

9
    (b-4) In the case of a third or subsequent violation 
10
committed within 5
years of a previous violation of subsection 
11
(a) or a similar provision, in
addition to any other criminal 
12
or administrative sanction, a mandatory minimum
term of either 
13
10 days of imprisonment or 480 hours of community service shall

14
be imposed.

15
    (b-5) The imprisonment or assignment of community service 
16
under subsections
(b-3) and (b-4) shall not be subject to 
17
suspension, nor shall the person be
eligible for a reduced 
18
sentence.


19
    (c) (Blank).



20
    (c-1) (1) A person who violates subsection (a)

during
a 
21
    period in which his
or her driving privileges are revoked 
22
    or suspended, where the revocation or
suspension was for a 
23
    violation of subsection (a) or a similar provision, Section

24
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
25
    homicide as defined in Section 9-3 of
the Criminal Code of 
26
    1961 is guilty of a
Class 4 felony.


 


 






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1
        (2) A person who violates subsection (a) a third
time, 
2
    if the third violation occurs during a period in
which his 
3
    or her driving privileges are revoked or suspended where 
4
    the
revocation
or suspension was for a violation of 
5
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
6
    11-401, or for reckless homicide as defined in Section 9-3

7
    of the Criminal Code of 1961, is guilty of
a Class 3 
8
    felony; and if the
person receives a term of
probation or 
9
    conditional discharge, he or she shall be required to serve 
10
    a
mandatory
minimum of 10 days of imprisonment or shall be 
11
    assigned a mandatory minimum of
480 hours of community 
12
    service, as may be determined by the court, as a
condition 
13
    of the probation or conditional discharge. This mandatory 
14
    minimum
term of imprisonment or assignment of community 
15
    service shall not be suspended
or reduced by the court.

16
        (2.2) A person who violates subsection (a), if the

17
    violation occurs during a period in which his or her 
18
    driving privileges are
revoked or suspended where the 
19
    revocation or suspension was for a violation of
subsection 
20
    (a) or Section 11-501.1, shall also be sentenced to an 
21
    additional
mandatory minimum term of 30 consecutive days of 
22
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
23
    720 hours of community service, as may be
determined by the 
24
    court.  This mandatory term of imprisonment or assignment of

25
    community service shall  not be suspended or reduced by the 
26
    court.


 


 






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

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


10
    (c-2) (Blank).


11
    (c-3) (Blank).



12
    (c-4) (Blank).

13
    (c-5) Except as provided in subsection (c-5.1), a person 21 
14
years of age or older who violates subsection (a), if the 
15
person was transporting
a person under the age of 16 at the 
16
time of the violation, is subject to 6 months of imprisonment, 
17
an
additional mandatory minimum fine of $1,000, and 25 days of 
18
community service in a program benefiting children. The 
19
imprisonment or assignment of community service under this

20
subsection (c-5) is not subject to suspension, nor is the 
21
person eligible for
a reduced sentence.

22
    (c-5.1) A person 21 years of age or older who is convicted 
23
of violating subsection (a) of this Section
a
first time and 
24
who in committing that violation was involved in a motor 
25
vehicle
accident that resulted in bodily harm to the child 
26
under the age of 16 being
transported by the person, if the 
 


 






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1
violation was the proximate cause of the
injury, is guilty of a 
2
Class 4 felony and is subject to one year of
imprisonment,
a 
3
mandatory fine of $2,500, and 25 days of community service in a 
4
program
benefiting children. The imprisonment or assignment to 
5
community service under
this subsection (c-5.1) shall not be 
6
subject to suspension, nor shall the person be
eligible for 
7
probation in order to reduce the sentence or assignment.

8
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
9
a person 21 years of age or older who
violates
subsection (a) a 
10
second time, if at the time of
the second violation the person 
11
was transporting a person under the age of 16,
is subject to 6 
12
months of imprisonment, an additional mandatory
minimum fine of 
13
$1,000, and an additional mandatory minimum 140 hours of

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

19
    (c-7) Except as provided in subsection (c-7.1), any person 
20
21 years of age or older convicted of
violating subsection 
21
(c-6) or a similar
provision within 10 years of a previous 
22
violation of subsection (a) or a
similar provision is guilty of 
23
a Class 4 felony and, in addition to any other penalty imposed, 
24
is subject to one year of

imprisonment, 25 days of mandatory

25
community service in a program benefiting children, and a 
26
mandatory
fine of $2,500. The imprisonment or assignment of 
 


 






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1
community service under this
subsection (c-7) is not subject to 
2
suspension, nor is the person
eligible for a reduced sentence.

3
    (c-7.1) A person 21 years of age or older who is convicted 
4
of violating subsection (a) of this Section
a
second time 
5
within 10 years and who in committing that violation was 
6
involved
in a motor vehicle accident that resulted in bodily 
7
harm to the child under the
age of 16 being transported, if the 
8
violation was the proximate cause of the
injury, is guilty of a 
9
Class 4 felony and is subject to 18 months of
imprisonment, a

10
mandatory fine of $5,000, and 25 days of community service in a 
11
program
benefiting
children. The imprisonment or assignment to 
12
community service under this
subsection
(c-7.1) shall not be 
13
subject to suspension, nor shall the person be eligible for

14
probation in order
to reduce the sentence or assignment.

15
    (c-8) (Blank).

16
    (c-9)  Any person 21 years of age or older convicted a third 
17
time for violating subsection (a) or a
similar provision, if at 
18
the time of the third violation the person was
transporting a 
19
person under the age of 16, is guilty of a Class 4 felony and is 
20
subject to 18 months of imprisonment, a mandatory fine of 
21
$2,500, and 25 days  of community service in a
program 
22
benefiting children.
The imprisonment or assignment of 
23
community service under this subsection (c-9)
is not subject to 
24
suspension, nor is the person eligible for a reduced
sentence.

25
    (c-10) Any person 21 years of age or older convicted of 
26
violating subsection (c-9) or a similar
provision a third time 
 


 






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1
within 20 years of a previous violation of subsection
(a) or a

2
similar provision is guilty of a Class 3 felony and, in 
3
addition
to any other penalty imposed, is subject to 3 years of 
4
imprisonment, 25 days of community
service in a program 
5
benefiting children, and a mandatory fine of
$25,000. The 
6
imprisonment or
assignment of community service under this 
7
subsection (c-10) is not subject to
suspension, nor is the 
8
person eligible for a reduced sentence.

9
    (c-11) Any person 21 years of age or older convicted a 
10
fourth or subsequent time for violating
subsection (a) or a 
11
similar provision, if at the time of the fourth or
subsequent 
12
violation the person was transporting a person under the age of 
13
16,
and if the person's 3 prior violations of subsection (a) or 
14
a similar provision
occurred while transporting a person under 
15
the age of 16 or while the alcohol
concentration in his or her 
16
blood, breath, or urine was 0.16 or more based
on the 
17
definition of blood, breath, or urine units in Section 
18
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
19
probation or conditional
discharge, and is subject to a minimum 
20
fine of $25,000.

21
    (c-12) Any person convicted of a first violation of 
22
subsection (a) or a
similar provision, if the alcohol 
23
concentration in his or her blood, breath, or
urine was 0.16 or 
24
more based on the definition of blood, breath, or urine
units 
25
in Section 11-501.2, shall be subject, in addition to any other 
26
penalty
that may be imposed, to a mandatory minimum of 100 
 


 






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1
hours of community service
and a mandatory minimum fine of 
2
$500.

3
    (c-13) Any person convicted of a second violation of 
4
subsection (a) or a similar provision committed within 10 years 
5
of a previous violation of subsection (a) or a similar 
6
provision, if at the time of the second violation of subsection 
7
(a) or a similar provision the
alcohol concentration in his or 
8
her 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,
shall be
subject, in addition to any other penalty 
11
that may be imposed, to a mandatory
minimum of 2 days of 
12
imprisonment and a mandatory minimum fine of $1,250.

13
    (c-14) Any person convicted of a third violation of 
14
subsection (a) or a
similar provision within 20 years of a 
15
previous violation of subsection (a) or
a
similar provision, if 
16
at the time of the third violation of subsection (a) or a

17
similar provision the alcohol concentration in his or her 
18
blood, breath, or
urine was 0.16 or more based on the 
19
definition of blood, breath, or urine units
in Section 
20
11-501.2, is guilty of a Class 4 felony and shall be subject, 
21
in
addition to any other penalty that may be imposed, to a 
22
mandatory minimum of
90 days of imprisonment and a mandatory 
23
minimum fine of $2,500.

24
    (c-15) Any person convicted of a fourth or subsequent 
25
violation of
subsection
(a) or a similar provision, if at the 
26
time of the fourth or subsequent
violation the alcohol 
 


 






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1
concentration in his or her blood, breath, or urine was
0.16 or 
2
more based on the definition of blood, breath, or urine units 
3
in
Section 11-501.2, and if the person's 3 prior violations of 
4
subsection (a) or a
similar provision occurred while 
5
transporting a person under the age of 16 or
while the alcohol 
6
concentration in his or her blood, breath, or urine was 0.16
or 
7
more based on the definition of blood, breath, or urine units 
8
in Section
11-501.2, is guilty of a Class 2 felony and is not 
9
eligible for a sentence of
probation or conditional discharge 
10
and is subject to a minimum fine of
$2,500.


11
    (d) (1) Every person convicted of committing a violation of 
12
    this Section
shall be guilty of aggravated driving under 
13
    the influence of alcohol,
other drug or drugs, or 
14
    intoxicating compound or compounds, or any combination

15
    thereof if:


16
            (A) the person committed a violation of subsection 
17
        (a) or a similar
provision for the
third or subsequent 
18
        time;


19
            (B) the person committed a violation of subsection 
20
        (a)
while
driving a school bus with persons 18 years of 
21
        age or younger

on board;


22
            (C) the person in committing a violation of 
23
        subsection
(a) was
involved in a motor vehicle accident 
24
        that resulted in great bodily harm or
permanent 
25
        disability or disfigurement to another, when the 
26
        violation was
a proximate cause of the injuries;


 


 






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1
            (D) the person committed a violation of subsection 
2
        (a)
for a
second time and has been previously convicted 
3
        of violating Section 9-3 of the
Criminal Code of 1961 
4
        or a similar provision of a law of another state 
5
        relating to reckless homicide in which the person was

6
        determined to have been under the influence of alcohol, 
7
        other drug or
drugs, or intoxicating compound or 
8
        compounds as an element of the offense or
the person 
9
        has previously been convicted
under subparagraph (C) 
10
        or subparagraph (F) of this paragraph (1);


11
            (E) the person, in committing a violation of 
12
        subsection (a) while
driving at any speed in a school 
13
        speed zone at a time when a speed limit of
20 miles per 
14
        hour was in effect under subsection (a) of Section 
15
        11-605 of
this Code, was involved in a motor vehicle 
16
        accident that resulted in bodily
harm, other than great 
17
        bodily harm or permanent disability or disfigurement,

18
        to another person, when the violation of subsection (a) 
19
        was a
proximate cause
of the bodily harm; or


20
            (F) the person, in committing a violation of 
21
        subsection (a), was
involved in a motor vehicle, 
22
        snowmobile, all-terrain vehicle, or watercraft

23
        accident that resulted in
the death of another person, 
24
        when the violation of subsection
(a) was
a proximate 
25
        cause of the death.


26
        (2) Except as provided in this paragraph (2), a person 
 


 






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

7
    one year nor more than 12 years.
Aggravated driving under 
8
    the influence of alcohol, other drug or drugs,
or 
9
    intoxicating compound or compounds, or any combination 
10
    thereof as
defined in subparagraph (F) of paragraph (1) of 
11
    this subsection (d) is
a Class 2 felony, for which the 
12
    defendant, if sentenced to a term of
imprisonment, shall be 
13
    sentenced to: (A) a
term of imprisonment of not less than 3 
14
    years and not more
than 14 years if the violation resulted 
15
    in the death of one person; or
(B) a term of imprisonment 
16
    of not less than 6 years and not
more than 28 years if the 
17
    violation resulted in the deaths of 2 or more
persons.
For 
18
    any prosecution under this subsection
(d), a certified copy 
19
    of the
driving abstract of the defendant shall be admitted 
20
    as proof of any prior
conviction.
Any person sentenced 
21
    under this subsection (d) who receives a term of
probation

22
    or conditional discharge must serve a minimum term of 
23
    either 480 hours of
community service or 10 days of 
24
    imprisonment as a condition of the probation or
conditional 
25
    discharge. This mandatory minimum term of imprisonment or

26
    assignment of community service may not be suspended or 
 


 






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1
    reduced by the court.


2
    (e) After a finding of guilt and prior to any final 
3
sentencing, or an
order for supervision, for an offense based 
4
upon an arrest for a
violation of this Section or a similar 
5
provision of a local ordinance,
individuals shall be required 
6
to undergo a professional evaluation to
determine if an 
7
alcohol, drug, or intoxicating compound abuse problem exists

8
and the
extent of the problem, and undergo the imposition of 
9
treatment as appropriate.
Programs conducting these 
10
evaluations shall be
licensed by the Department of Human 
11
Services.  The cost of any professional
evaluation shall be paid 
12
for by the
individual
required to undergo the professional 
13
evaluation.


14
    (e-1) Any person who is found guilty of or pleads guilty to 
15
violating this
Section, including any person receiving a 
16
disposition of court supervision for
violating this Section, 
17
may be required by the Court to attend a victim
impact panel 
18
offered by, or under contract with, a County State's Attorney's

19
office, a probation and court services department, Mothers 
20
Against Drunk
Driving,
or the Alliance Against Intoxicated 
21
Motorists.
All costs generated by
the victim impact panel shall 
22
be paid from fees collected from the
offender or as may be 
23
determined by the court.


24
    (f) Every person found guilty of violating this Section, 
25
whose
operation of a motor vehicle while in violation of this 
26
Section proximately
caused any incident resulting in an 
 


 






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1
appropriate emergency response, shall
be liable for the expense 
2
of an emergency response as provided in subsection (m) of this 
3
Section.


4
    (g) The Secretary of State shall revoke the driving 
5
privileges of any
person convicted under this Section or a 
6
similar provision of a local
ordinance.


7
    (h) (Blank).



8
    (i) The Secretary of State shall require the use of 
9
ignition interlock
devices on all vehicles owned by an 
10
individual who has been convicted of a
second
or subsequent 
11
offense of this Section or a similar provision of a local

12
ordinance.  The Secretary shall establish by rule and regulation 
13
the procedures
for certification and use of the interlock 
14
system.


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 
 


 






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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 
 


 






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


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 
 


 






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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 
 


 






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1
ambulance.


2
(Source: P.A. 94-110, eff. 1-1-06; 94-963, eff. 6-28-06; 
3
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)

 
4
    (Text of Section from P.A. 94-113, 94-609, 94-963, 95-149, 
5
and 95-355)
6
    Sec. 11-501. Driving while under the influence of alcohol, 
7
other drug or
drugs, intoxicating compound or compounds or any 
8
combination thereof.

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


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


14
        (2) under the influence of alcohol;


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


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


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


24
        (6) there is any amount of a drug, substance, or 
25
    compound in the
person's breath, blood, or urine resulting 
 


 






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1
    from the unlawful use or consumption
of cannabis listed in 
2
    the Cannabis Control Act, a controlled substance listed
in 
3
    the Illinois Controlled Substances Act, an intoxicating 
4
    compound listed
in the Use of Intoxicating Compounds Act, 
5
    or methamphetamine as listed in the Methamphetamine 
6
    Control and Community Protection Act.


7
    (b) The fact that any person charged with violating this 
8
Section is or
has been legally entitled to use alcohol, other 
9
drug or drugs, or
intoxicating compound or compounds, or any

10
combination thereof,  shall not constitute a defense against any 
11
charge of
violating this Section.


12
    (b-1) With regard to penalties imposed under this Section:

13
        (1) Any reference to a prior violation of subsection 
14
    (a) or a similar
provision includes any violation of a 
15
    provision of a local ordinance or a
provision of a law of 
16
    another state or an offense committed on a military 
17
    installation that is similar to a violation of
subsection 
18
    (a) of this Section.

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

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

26
    (b-3) In addition to any other criminal or administrative 
 


 






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1
sanction for any
second conviction of violating subsection (a) 
2
or a similar provision committed
within 5 years of a previous 
3
violation of subsection (a) or a similar
provision, the 
4
defendant shall be sentenced to a mandatory minimum of 5 days 
5
of
imprisonment or assigned a mandatory minimum of 240 hours of 
6
community service
as may be determined by the court.

7
    (b-4) In the case of a third or subsequent violation 
8
committed within 5
years of a previous violation of subsection 
9
(a) or a similar provision, in
addition to any other criminal 
10
or administrative sanction, a mandatory minimum
term of either 
11
10 days of imprisonment or 480 hours of community service shall

12
be imposed.

13
    (b-5) The imprisonment or assignment of community service 
14
under subsections
(b-3) and (b-4) shall not be subject to 
15
suspension, nor shall the person be
eligible for a reduced 
16
sentence.


17
    (c) (Blank).



18
    (c-1) (1) A person who violates subsection (a)

during
a 
19
    period in which his
or her driving privileges are revoked 
20
    or suspended, where the revocation or
suspension was for a 
21
    violation of subsection (a) or a similar provision, Section

22
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
23
    homicide as defined in Section 9-3 of
the Criminal Code of 
24
    1961 is guilty of a
Class 4 felony.


25
        (2) A person who violates subsection (a) a third
time, 
26
    if the third violation occurs during a period in
which his 
 


 






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

5
    of the Criminal Code of 1961, is guilty of
a Class 3 
6
    felony.
7
        (2.1) A person who violates subsection (a) a third 
8
    time, if the third
violation occurs during a period in 
9
    which his or her driving privileges are
revoked or 
10
    suspended where the revocation or suspension was for a 
11
    violation of
subsection (a), Section 11-501.1, subsection 
12
    (b) of Section 11-401, or for
reckless homicide as defined 
13
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
14
    Class 3 felony; and if the
person receives a term of

15
    probation or conditional discharge, he or she shall be 
16
    required to serve a
mandatory
minimum of 10 days of 
17
    imprisonment or shall be assigned a mandatory minimum of

18
    480 hours of community service, as may be determined by the 
19
    court, as a
condition of the probation or conditional 
20
    discharge. This mandatory minimum
term of imprisonment or 
21
    assignment of community service shall not be suspended
or 
22
    reduced by the court.

23
        (2.2) A person who violates subsection (a), if the

24
    violation occurs during a period in which his or her 
25
    driving privileges are
revoked or suspended where the 
26
    revocation or suspension was for a violation of
subsection 
 


 






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1
    (a) or Section 11-501.1, shall also be sentenced to an 
2
    additional
mandatory minimum term of 30 consecutive days of 
3
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
4
    720 hours of community service, as may be
determined by the 
5
    court.  This mandatory term of imprisonment or assignment of

6
    community service shall  not be suspended or reduced by the 
7
    court.


8
        (3) A person who violates subsection (a) a fourth or

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


17
    (c-2) (Blank).


18
    (c-3) (Blank).



19
    (c-4) (Blank).

20
    (c-5) A person who violates subsection (a), if the person 
21
was transporting
a person under the age of 16 at the time of 
22
the violation, is subject to an
additional mandatory minimum 
23
fine of $1,000, an additional mandatory minimum
140 hours of 
24
community service, which shall include 40 hours of community

25
service in a program benefiting children, and an additional 2 
26
days of
imprisonment. The imprisonment or assignment of 
 


 






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1
community service under this
subsection (c-5) is not subject to 
2
suspension, nor is the person eligible for
a reduced sentence.

3
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
4
person who
violates
subsection (a) a second time, if at the 
5
time of
the second violation the person was transporting a 
6
person under the age of 16,
is subject to an additional 10 days 
7
of imprisonment, an additional mandatory
minimum fine of 
8
$1,000, and an additional mandatory minimum 140 hours of

9
community service, which shall include 40 hours of community 
10
service in a
program benefiting children.
The imprisonment or 
11
assignment of community service under this subsection (c-6)
is 
12
not subject to suspension, nor is the person eligible for a 
13
reduced
sentence.

14
    (c-7) Except as provided in subsection (c-8), any person 
15
convicted of
violating subsection (c-6) or a similar
provision 
16
within 10 years of a previous violation of subsection (a) or a

17
similar provision shall receive, in addition to any other 
18
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
19
additional 40 hours of mandatory
community service in a program 
20
benefiting children, and a mandatory minimum
fine of $1,750. 
21
The imprisonment or assignment of community service under this

22
subsection (c-7) is not subject to suspension, nor is the 
23
person
eligible for a reduced sentence.

24
    (c-8) Any person convicted of violating subsection (c-6) or 
25
a similar
provision within 5 years of a previous violation of 
26
subsection (a) or a similar
provision shall receive, in 
 


 






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1
addition to any other penalty imposed, an
additional 80 hours 
2
of mandatory community service in a program benefiting

3
children, an additional mandatory minimum 12 days of 
4
imprisonment, and a
mandatory minimum fine of $1,750. The 
5
imprisonment or assignment of community
service under this 
6
subsection (c-8) is not subject to suspension, nor
is the

7
person eligible for a reduced sentence.

8
    (c-9) Any person convicted a third time for violating 
9
subsection (a) or a
similar provision, if at the time of the 
10
third violation the person was
transporting a person under the 
11
age of 16, is guilty of a Class 4 felony and shall
receive, in 
12
addition to any other
penalty imposed, an additional mandatory 
13
fine of $1,000, an additional
mandatory 140 hours of community 
14
service, which shall include 40 hours in a
program benefiting 
15
children, and a mandatory minimum 30 days of imprisonment.
The 
16
imprisonment or assignment of community service under this 
17
subsection (c-9)
is not subject to suspension, nor is the 
18
person eligible for a reduced
sentence.

19
    (c-10) Any person convicted of violating subsection (c-9) 
20
or a similar
provision a third time within 20 years of a 
21
previous violation of subsection
(a) or a
similar provision is 
22
guilty of a Class 4 felony and shall receive, in addition
to 
23
any other penalty imposed, an additional mandatory 40 hours of 
24
community
service in a program benefiting children, an 
25
additional mandatory fine of

$3,000, and a mandatory minimum 
26
120 days of imprisonment. The imprisonment or
assignment of 
 


 






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1
community service under this subsection (c-10) is not subject 
2
to
suspension, nor is the person eligible for a reduced 
3
sentence.

4
    (c-11) Any person convicted a fourth or subsequent time for 
5
violating
subsection (a) or a similar provision, if at the time 
6
of the fourth or
subsequent violation the person was 
7
transporting a person under the age of 16,
and if the person's 
8
3 prior violations of subsection (a) or a similar provision

9
occurred while transporting a person under the age of 16 or 
10
while the alcohol
concentration in his or her blood, breath, or 
11
urine was 0.16 or more based
on the definition of blood, 
12
breath, or urine units in Section 11-501.2, is
guilty of a 
13
Class 2 felony, is not eligible for probation or conditional

14
discharge, and is subject to a minimum fine of $3,000.

15
    (c-12) Any person convicted of a first violation of 
16
subsection (a) or a
similar provision, if 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, shall be subject, in addition to any other 
20
penalty
that may be imposed, to a mandatory minimum of 100 
21
hours of community service
and a mandatory minimum fine of 
22
$500.

23
    (c-13) Any person convicted of a second violation of 
24
subsection (a) or a similar provision committed within 10 years 
25
of a previous violation of subsection (a) or a similar 
26
provision committed within 10 years of a previous violation of 
 


 






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

8
    (c-14) Any person convicted of a third violation of 
9
subsection (a) or a
similar provision within 20 years of a 
10
previous violation of subsection (a) or
a
similar provision, if 
11
at the time of the third violation of subsection (a) or a

12
similar provision the alcohol concentration in his or her 
13
blood, breath, or
urine was 0.16 or more based on the 
14
definition of blood, breath, or urine units
in Section 
15
11-501.2, is guilty of a Class 4 felony and shall be subject, 
16
in
addition to any other penalty that may be imposed, to a 
17
mandatory minimum of
90 days of imprisonment and a mandatory 
18
minimum fine of $2,500.

19
    (c-15) Any person convicted of a fourth or subsequent 
20
violation of
subsection
(a) or a similar provision, if at the 
21
time of the fourth or subsequent
violation the alcohol 
22
concentration in his or her blood, breath, or urine was
0.16 or 
23
more based on the definition of blood, breath, or urine units 
24
in
Section 11-501.2, and if the person's 3 prior violations of 
25
subsection (a) or a
similar provision occurred while 
26
transporting a person under the age of 16 or
while the alcohol 
 


 






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


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

 


 






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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 
 


 






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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, unless the court determines that extraordinary 
8
    circumstances exist and require probation, 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 
 


 






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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 in subsection (m) of this 
25
Section.


26
    (g) The Secretary of State shall revoke the driving 
 


 






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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 use of 
5
ignition interlock
devices on all vehicles owned by an 
6
individual who has been convicted of a
second
or subsequent 
7
offense of this Section or a similar provision of a local

8
ordinance.  The Secretary shall establish by rule and regulation 
9
the procedures
for certification and use of the interlock 
10
system.


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 
 


 






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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 
 


 






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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 
 


 






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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. 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 94-963, 
25
eff. 6-28-06; 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; 
26
revised 11-28-07.)

 
 


 






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1
    (Text of Section from P.A. 94-114, 94-963, 95-149, and 
2
95-355)
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, an intoxicating 
 


 






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1
    compound listed
in the Use of Intoxicating Compounds Act, 
2
    or methamphetamine as listed in the Methamphetamine 
3
    Control and Community Protection Act.


4
    (b) The fact that any person charged with violating this 
5
Section is or
has been legally entitled to use alcohol, other 
6
drug or drugs, or
intoxicating compound or compounds, or any

7
combination thereof,  shall not constitute a defense against any 
8
charge of
violating this Section.


9
    (b-1) With regard to penalties imposed under this Section:

10
        (1) Any reference to a prior violation of subsection 
11
    (a) or a similar
provision includes any violation of a 
12
    provision of a local ordinance or a
provision of a law of 
13
    another state or an offense committed on a military 
14
    installation that is similar to a violation of
subsection 
15
    (a) of this Section.

16
        (2) Any penalty imposed for driving with a license that 
17
    has been revoked
for a previous violation of subsection (a) 
18
    of this Section shall be in
addition to the penalty imposed 
19
    for any subsequent violation of subsection (a).

20
    (b-2) Except as otherwise provided in this Section, any 
21
person convicted of
violating subsection (a) of this Section is 
22
guilty of a Class A misdemeanor.

23
    (b-3) In addition to any other criminal or administrative 
24
sanction for any
second conviction of violating subsection (a) 
25
or a similar provision committed
within 5 years of a previous 
26
violation of subsection (a) or a similar
provision, the 
 


 






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1
defendant shall be sentenced to a mandatory minimum of 5 days 
2
of
imprisonment or assigned a mandatory minimum of 240 hours of 
3
community service
as may be determined by the court.

4
    (b-4) In the case of a third or subsequent violation 
5
committed within 5
years of a previous violation of subsection 
6
(a) or a similar provision, in
addition to any other criminal 
7
or administrative sanction, a mandatory minimum
term of either 
8
10 days of imprisonment or 480 hours of community service shall

9
be imposed.

10
    (b-5) The imprisonment or assignment of community service 
11
under subsections
(b-3) and (b-4) shall not be subject to 
12
suspension, nor shall the person be
eligible for a reduced 
13
sentence.


14
    (c) (Blank).



15
    (c-1) (1) A person who violates subsection (a)

during
a 
16
    period in which his
or her driving privileges are revoked 
17
    or suspended, where the revocation or
suspension was for a 
18
    violation of subsection (a) or a similar provision, Section

19
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
20
    homicide as defined in Section 9-3 of
the Criminal Code of 
21
    1961 is guilty of a
Class 4 felony.


22
        (2) A person who violates subsection (a) a third
time, 
23
    if the third violation occurs during a period in
which his 
24
    or her driving privileges are revoked or suspended where 
25
    the
revocation
or suspension was for a violation of 
26
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
 


 






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1
    11-401, or for reckless homicide as defined in Section 9-3

2
    of the Criminal Code of 1961, is guilty of
a Class 3 
3
    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 3 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 
 


 






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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 or

6
    fifth time, if the fourth or fifth

violation occurs
during 
7
    a 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 2 felony and is not eligible for a sentence of 
13
    probation or
conditional discharge.


14
    (c-2) (Blank).


15
    (c-3) (Blank).



16
    (c-4) (Blank).

17
    (c-5) A person who violates subsection (a), if the person 
18
was transporting
a person under the age of 16 at the time of 
19
the violation, is subject to an
additional mandatory minimum 
20
fine of $1,000, an additional mandatory minimum
140 hours of 
21
community service, which shall include 40 hours of community

22
service in a program benefiting children, and an additional 2 
23
days of
imprisonment. The imprisonment or assignment of 
24
community service under this
subsection (c-5) is not subject to 
25
suspension, nor is the person eligible for
a reduced sentence.

26
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
 


 






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1
person who
violates
subsection (a) a second time, if at the 
2
time of
the second violation the person was transporting a 
3
person under the age of 16,
is subject to an additional 10 days 
4
of imprisonment, an additional mandatory
minimum fine of 
5
$1,000, and an additional mandatory minimum 140 hours of

6
community service, which shall include 40 hours of community 
7
service in a
program benefiting children.
The imprisonment or 
8
assignment of community service under this subsection (c-6)
is 
9
not subject to suspension, nor is the person eligible for a 
10
reduced
sentence.

11
    (c-7) Except as provided in subsection (c-8), any person 
12
convicted of
violating subsection (c-6) or a similar
provision 
13
within 10 years of a previous violation of subsection (a) or a

14
similar provision shall receive, in addition to any other 
15
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
16
additional 40 hours of mandatory
community service in a program 
17
benefiting children, and a mandatory minimum
fine of $1,750. 
18
The imprisonment or assignment of community service under this

19
subsection (c-7) is not subject to suspension, nor is the 
20
person
eligible for a reduced sentence.

21
    (c-8) Any person convicted of violating subsection (c-6) or 
22
a similar
provision within 5 years of a previous violation of 
23
subsection (a) or a similar
provision shall receive, in 
24
addition to any other penalty imposed, an
additional 80 hours 
25
of mandatory community service in a program benefiting

26
children, an additional mandatory minimum 12 days of 
 


 






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

4
person eligible for a reduced sentence.

5
    (c-9) Any person convicted a third time for violating 
6
subsection (a) or a
similar provision, if at the time of the 
7
third violation the person was
transporting a person under the 
8
age of 16, is guilty of a Class 4 felony and shall
receive, in 
9
addition to any other
penalty imposed, an additional mandatory 
10
fine of $1,000, an additional
mandatory 140 hours of community 
11
service, which shall include 40 hours in a
program benefiting 
12
children, and a mandatory minimum 30 days of imprisonment.
The 
13
imprisonment or assignment of community service under this 
14
subsection (c-9)
is not subject to suspension, nor is the 
15
person eligible for a reduced
sentence.

16
    (c-10) Any person convicted of violating subsection (c-9) 
17
or a similar
provision a third time within 20 years of a 
18
previous violation of subsection
(a) or a
similar provision is 
19
guilty of a Class 4 felony and shall receive, in addition
to 
20
any other penalty imposed, an additional mandatory 40 hours of 
21
community
service in a program benefiting children, an 
22
additional mandatory fine of

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

 


 






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1
    (c-11) Any person convicted a fourth or fifth

time for 
2
violating
subsection (a) or a similar provision, if at the time 
3
of the fourth or
fifth violation the person was transporting a 
4
person under the age of 16,
and if the person's 3 prior 
5
violations of subsection (a) or a similar provision
occurred 
6
while transporting a person under the age of 16 or while the 
7
alcohol
concentration in his or her blood, breath, or urine was 
8
0.16 or more based
on the definition of blood, breath, or urine 
9
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
10
not eligible for probation or conditional
discharge, and is 
11
subject to a minimum fine of $3,000.

12
    (c-12) Any person convicted of a first violation of 
13
subsection (a) or a
similar provision, if the alcohol 
14
concentration in his or her blood, breath, or
urine was 0.16 or 
15
more based on the definition of blood, breath, or urine
units 
16
in Section 11-501.2, shall be subject, in addition to any other 
17
penalty
that may be imposed, to a mandatory minimum of 100 
18
hours of community service
and a mandatory minimum fine of 
19
$500.

20
    (c-13) Any person convicted of a second violation of 
21
subsection (a) or a similar provision committed within 10 years 
22
of a previous violation of subsection (a) or a similar 
23
provision committed within 10 years of a previous violation of 
24
subsection (a) or a similar provision, if at the time of the 
25
second violation of subsection (a) the
alcohol concentration in 
26
his or her blood, breath, or urine was 0.16 or more
based on 
 


 






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1
the definition of blood, breath, or urine units in Section 
2
11-501.2,
shall be
subject, in addition to any other penalty 
3
that may be imposed, to a mandatory
minimum of 2 days of 
4
imprisonment and a mandatory minimum fine of $1,250.

5
    (c-14) Any person convicted of a third violation of 
6
subsection (a) or a
similar provision within 20 years of a 
7
previous violation of subsection (a) or
a
similar provision, if 
8
at the time of the third violation of subsection (a) or a

9
similar provision the alcohol concentration in his or her 
10
blood, breath, or
urine was 0.16 or more based on the 
11
definition of blood, breath, or urine units
in Section 
12
11-501.2, is guilty of a Class 4 felony and shall be subject, 
13
in
addition to any other penalty that may be imposed, to a 
14
mandatory minimum of
90 days of imprisonment and a mandatory 
15
minimum fine of $2,500.

16
    (c-15) Any person convicted of a fourth or fifth

violation 
17
of
subsection
(a) or a similar provision, if at the time of the 
18
fourth or fifth

violation the alcohol concentration in his or 
19
her 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, and if the person's 3 prior violations of subsection 
22
(a) or a
similar provision occurred while transporting a person 
23
under the age of 16 or
while the alcohol concentration in his 
24
or her blood, breath, or urine was 0.16
or more based on the 
25
definition of blood, breath, or urine units in Section

26
11-501.2, is guilty of a Class 2 felony and is not eligible for 
 


 






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1
a sentence of
probation or conditional discharge and is subject 
2
to a minimum fine of
$2,500.


3
    (c-16) Any person convicted of a sixth or subsequent 
4
violation of subsection (a) is guilty of a Class X felony.

5
    (d) (1) Every person convicted of committing a violation of 
6
    this Section
shall be guilty of aggravated driving under 
7
    the influence of alcohol,
other drug or drugs, or 
8
    intoxicating compound or compounds, or any combination

9
    thereof if:


10
            (A) the person committed a violation of subsection 
11
        (a) or a similar
provision for the
third or subsequent 
12
        time;


13
            (B) the person committed a violation of subsection 
14
        (a)
while
driving a school bus with persons 18 years of 
15
        age or younger

on board;


16
            (C) the person in committing a violation of 
17
        subsection
(a) was
involved in a motor vehicle accident 
18
        that resulted in great bodily harm or
permanent 
19
        disability or disfigurement to another, when the 
20
        violation was
a proximate cause of the injuries;


21
            (D) the person committed a violation of subsection 
22
        (a)
for a
second time and has been previously convicted 
23
        of violating Section 9-3 of the
Criminal Code of 1961 
24
        or a similar provision of a law of another state 
25
        relating to reckless homicide in which the person was

26
        determined to have been under the influence of alcohol, 
 


 






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


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

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


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

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


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

 


 






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1
    one year nor more than 12 years.
Aggravated driving under 
2
    the influence of alcohol, other drug or drugs,
or 
3
    intoxicating compound or compounds, or any combination 
4
    thereof as
defined in subparagraph (F) of paragraph (1) of 
5
    this subsection (d) is
a Class 2 felony, for which the 
6
    defendant, if sentenced to a term of
imprisonment, shall be 
7
    sentenced to: (A) a
term of imprisonment of not less than 3 
8
    years and not more
than 14 years if the violation resulted 
9
    in the death of one person; or
(B) a term of imprisonment 
10
    of not less than 6 years and not
more than 28 years if the 
11
    violation resulted in the deaths of 2 or more
persons.
For 
12
    any prosecution under this subsection
(d), a certified copy 
13
    of the
driving abstract of the defendant shall be admitted 
14
    as proof of any prior
conviction.
Any person sentenced 
15
    under this subsection (d) who receives a term of
probation

16
    or conditional discharge must serve a minimum term of 
17
    either 480 hours of
community service or 10 days of 
18
    imprisonment as a condition of the probation or
conditional 
19
    discharge. This mandatory minimum term of imprisonment or

20
    assignment of community service may not be suspended or 
21
    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 
 


 






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1
alcohol, drug, or intoxicating compound abuse problem exists

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


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

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


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


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.


 


 






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1
    (h) (Blank).



2
    (i) The Secretary of State shall require the use of 
3
ignition interlock
devices on all vehicles owned by an 
4
individual who has been convicted of a
second
or subsequent 
5
offense of this Section or a similar provision of a local

6
ordinance.  The Secretary shall establish by rule and regulation 
7
the procedures
for certification and use of the interlock 
8
system.


9
    (j) In addition to any other penalties and liabilities, a 
10
person who is
found guilty of or pleads guilty to violating 
11
subsection (a), including any
person placed on court 
12
supervision for violating subsection (a), shall be fined
$500, 
13
payable to the
circuit clerk, who shall distribute the money as 
14
follows: 20% to the law enforcement agency
that made the arrest 
15
and 80% shall be forwarded to the State Treasurer for deposit 
16
into the General Revenue Fund.  If the person has been 
17
previously convicted of violating
subsection (a) or a similar 
18
provision of a local
ordinance, the fine shall be
$1,000.  In 
19
the event that more than one agency is responsible
for the 
20
arrest, the amount payable to law enforcement agencies  shall be 
21
shared equally.  Any moneys received
by a law
enforcement agency 
22
under this subsection (j) 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 
 


 






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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. Equipment and commodities 
8
shall include, but are not limited
to, in-car video cameras, 
9
radar and laser speed detection devices, and alcohol
breath 
10
testers.
Any moneys received by the Department of State Police 
11
under this subsection
(j) shall be deposited into the State 
12
Police DUI Fund and shall be used for enforcement and 
13
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 that will assist in the prevention of
alcohol 
18
related 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
    (k) The Secretary of State Police DUI Fund is created as a 
25
special
fund in the State treasury. All moneys received by the 
26
Secretary of State
Police under subsection (j) of this Section 
 


 






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1
shall be deposited into the
Secretary of State Police DUI Fund 
2
and, subject to appropriation, shall be
used for enforcement 
3
and prevention of driving while under the influence of alcohol, 
4
other drug or drugs, intoxicating compound or compounds or any 
5
combination thereof, as defined by this Section, including but 
6
not limited to the purchase of law enforcement equipment and 
7
commodities to assist in the prevention of
alcohol related 
8
criminal violence throughout the State; police officer 
9
training and education in areas related to alcohol related 
10
crime, including but not limited to DUI training; and police 
11
officer salaries, including but not limited to salaries for 
12
hire back funding for safety checkpoints, saturation patrols, 
13
and liquor store sting operations.


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

20
conjunction with another disposition. The court shall monitor 
21
compliance with
any remedial education or treatment 
22
recommendations contained in the
professional evaluation. 
23
Programs conducting alcohol or other drug evaluation
or 
24
remedial education must be licensed by the Department of Human 
25
Services. If
the individual is not a resident of Illinois, 
26
however, the court may accept an
alcohol or other drug 
 


 






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1
evaluation or remedial education program in the
individual's 
2
state of residence.  Programs providing treatment must be 
3
licensed
under existing applicable alcoholism and drug 
4
treatment licensure standards.

5
    (m) In addition to any other fine or penalty required by 
6
law, an individual
convicted of a 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, whose operation of a motor vehicle, 
10
snowmobile, or
watercraft while in
violation of subsection (a), 
11
Section 5-7 of the Snowmobile Registration and
Safety Act, 
12
Section 5-16 of the Boat Registration and Safety Act, or a 
13
similar
provision proximately caused an incident resulting in 
14
an appropriate emergency
response, shall be required to make 
15
restitution to a public agency for the
costs of that emergency 
16
response. The restitution may not exceed $1,000 per
public 
17
agency for each emergency response. As used in this subsection 
18
(m),
"emergency response" means any incident requiring a 
19
response by a police
officer, a firefighter carried on the 
20
rolls of a regularly constituted fire
department, or an 
21
ambulance.


22
(Source: P.A. 94-114, eff. 1-1-06; 94-963, eff. 6-28-06; 
23
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)

 
24
    (Text of Section from P.A. 94-116, 94-963, 95-149, and 
25
95-355)
 


 






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

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


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


9
        (2) under the influence of alcohol;


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


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


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


19
        (6) there is any amount of a drug, substance, or 
20
    compound in the
person's breath, blood, or urine resulting 
21
    from the unlawful use or consumption
of cannabis listed in 
22
    the Cannabis Control Act, a controlled substance listed
in 
23
    the Illinois Controlled Substances Act, an intoxicating 
24
    compound listed
in the Use of Intoxicating Compounds Act, 
25
    or methamphetamine as listed in the Methamphetamine 
26
    Control and Community Protection Act.


 


 






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1
    (b) The fact that any person charged with violating this 
2
Section is or
has been legally entitled to use alcohol, other 
3
drug or drugs, or
intoxicating compound or compounds, or any

4
combination thereof,  shall not constitute a defense against any 
5
charge of
violating this Section.


6
    (b-1) With regard to penalties imposed under this Section:

7
        (1) Any reference to a prior violation of subsection 
8
    (a) or a similar
provision includes any violation of a 
9
    provision of a local ordinance or a
provision of a law of 
10
    another state or an offense committed on a military 
11
    installation 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.

 


 






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1
    (b-4) In the case of a third violation committed within 5

2
years of a previous violation of subsection (a) or a similar 
3
provision, the defendant is guilty of a Class 2 felony, and in

4
addition to any other criminal or administrative sanction, a 
5
mandatory minimum
term of either 10 days of imprisonment or 480 
6
hours of community service shall
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) or a similar provision, Section

16
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
17
    homicide as defined in Section 9-3 of
the Criminal Code of 
18
    1961 is guilty of a
Class 4 felony.


19
        (2) A person who violates subsection (a) a third
time 
20
    is guilty of
a Class 2 felony.
21
        (2.1) A person who violates subsection (a) a third 
22
    time, if the third
violation occurs during a period in 
23
    which his or her driving privileges are
revoked or 
24
    suspended where the revocation or suspension was for a 
25
    violation of
subsection (a), Section 11-501.1, subsection 
26
    (b) of Section 11-401, or for
reckless homicide as defined 
 


 






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1
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
2
    Class 2 felony; and if the
person receives a term of

3
    probation or conditional discharge, he or she shall be 
4
    required to serve a
mandatory
minimum of 10 days of 
5
    imprisonment or shall be assigned a mandatory minimum of

6
    480 hours of community service, as may be determined by the 
7
    court, as a
condition of the probation or conditional 
8
    discharge. This mandatory minimum
term of imprisonment or 
9
    assignment of community service shall not be suspended
or 
10
    reduced by the court.

11
        (2.2) A person who violates subsection (a), if the

12
    violation occurs during a period in which his or her 
13
    driving privileges are
revoked or suspended where the 
14
    revocation or suspension was for a violation of
subsection 
15
    (a) or Section 11-501.1, shall also be sentenced to an 
16
    additional
mandatory minimum term of 30 consecutive days of 
17
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
18
    720 hours of community service, as may be
determined by the 
19
    court.  This mandatory term of imprisonment or assignment of

20
    community service shall  not be suspended or reduced by the 
21
    court.


22
        (3) A person who violates subsection (a) a fourth time 
23
    is guilty of
a Class 2 felony and is not eligible for a 
24
    sentence of probation or
conditional discharge.


25
        (4) A person who violates subsection (a) a fifth or 
26
    subsequent time is guilty of a Class 1 felony and is not 
 


 






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1
    eligible for a sentence of probation or conditional 
2
    discharge.

3
    (c-2) (Blank).


4
    (c-3) (Blank).



5
    (c-4) (Blank).

6
    (c-5) A person who violates subsection (a), if the person 
7
was transporting
a person under the age of 16 at the time of 
8
the violation, is subject to an
additional mandatory minimum 
9
fine of $1,000, an additional mandatory minimum
140 hours of 
10
community service, which shall include 40 hours of community

11
service in a program benefiting children, and an additional 2 
12
days of
imprisonment. The imprisonment or assignment of 
13
community service under this
subsection (c-5) is not subject to 
14
suspension, nor is the person eligible for
a reduced sentence.

15
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
16
person who
violates
subsection (a) a second time, if at the 
17
time of
the second violation the person was transporting a 
18
person under the age of 16,
is subject to an additional 10 days 
19
of imprisonment, an additional mandatory
minimum fine of 
20
$1,000, and an additional mandatory minimum 140 hours of

21
community service, which shall include 40 hours of community 
22
service in a
program benefiting children.
The imprisonment or 
23
assignment of community service under this subsection (c-6)
is 
24
not subject to suspension, nor is the person eligible for a 
25
reduced
sentence.

26
    (c-7) Except as provided in subsection (c-8), any person 
 


 






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1
convicted of
violating subsection (c-6) or a similar
provision 
2
within 10 years of a previous violation of subsection (a) or a

3
similar provision shall receive, in addition to any other 
4
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
5
additional 40 hours of mandatory
community service in a program 
6
benefiting children, and a mandatory minimum
fine of $1,750. 
7
The imprisonment or assignment of community service under this

8
subsection (c-7) is not subject to suspension, nor is the 
9
person
eligible for a reduced sentence.

10
    (c-8) Any person convicted of violating subsection (c-6) or 
11
a similar
provision within 5 years of a previous violation of 
12
subsection (a) or a similar
provision shall receive, in 
13
addition to any other penalty imposed, an
additional 80 hours 
14
of mandatory community service in a program benefiting

15
children, an additional mandatory minimum 12 days of 
16
imprisonment, and a
mandatory minimum fine of $1,750. The 
17
imprisonment or assignment of community
service under this 
18
subsection (c-8) is not subject to suspension, nor
is the

19
person eligible for a reduced sentence.

20
    (c-9) Any person convicted a third time for violating 
21
subsection (a) or a
similar provision, if at the time of the 
22
third violation the person was
transporting a person under the 
23
age of 16, is guilty of a Class 2 felony and shall
receive, in 
24
addition to any other
penalty imposed, an additional mandatory 
25
fine of $1,000, an additional
mandatory 140 hours of community 
26
service, which shall include 40 hours in a
program benefiting 
 


 






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1
children, and a mandatory minimum 30 days of imprisonment.
The 
2
imprisonment or assignment of community service under this 
3
subsection (c-9)
is not subject to suspension, nor is the 
4
person eligible for a reduced
sentence.

5
    (c-10) Any person convicted of violating subsection (c-9) 
6
or a similar
provision a third time within 20 years of a 
7
previous violation of subsection
(a) or a
similar provision is 
8
guilty of a Class 2 felony and shall receive, in addition
to 
9
any other penalty imposed, an additional mandatory 40 hours of 
10
community
service in a program benefiting children, an 
11
additional mandatory fine of

$3,000, and a mandatory minimum 
12
120 days of imprisonment. The imprisonment or
assignment of 
13
community service under this subsection (c-10) is not subject 
14
to
suspension, nor is the person eligible for a reduced 
15
sentence.

16
    (c-11) Any person convicted a fourth time for violating

17
subsection (a) or a similar provision, if at the time of the 
18
fourth violation the person was transporting a person under the 
19
age of 16,
and if the person's 3 prior violations of subsection 
20
(a) or a similar provision
occurred while transporting a person 
21
under the age of 16 or while the alcohol
concentration in his 
22
or her blood, breath, or urine was 0.16 or more based
on the 
23
definition of blood, breath, or urine units in Section 
24
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
25
probation or conditional
discharge, and is subject to a minimum 
26
fine of $3,000.

 


 






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1
    (c-12) Any person convicted of a first violation of 
2
subsection (a) or a
similar provision, if the alcohol 
3
concentration in his or her blood, breath, or
urine was 0.16 or 
4
more based on the definition of blood, breath, or urine
units 
5
in Section 11-501.2, shall be subject, in addition to any other 
6
penalty
that may be imposed, to a mandatory minimum of 100 
7
hours of community service
and a mandatory minimum fine of 
8
$500.

9
    (c-13) Any person convicted of a second violation of 
10
subsection (a) or a similar provision committed within 10 years 
11
of a previous violation of subsection (a) or a similar 
12
provision committed within 10 years of a previous violation of 
13
subsection (a) or a similar provision, if at the time of the 
14
second violation of subsection (a) the
alcohol concentration in 
15
his or her blood, breath, or urine was 0.16 or more
based on 
16
the definition of blood, breath, or urine units in Section 
17
11-501.2,
shall be
subject, in addition to any other penalty 
18
that may be imposed, to a mandatory
minimum of 2 days of 
19
imprisonment and a mandatory minimum fine of $1,250.

20
    (c-14) Any person convicted of a third violation of 
21
subsection (a) or a
similar provision within 20 years of a 
22
previous violation of subsection (a) or
a
similar provision, if 
23
at the time of the third violation of subsection (a) or a

24
similar provision the alcohol concentration in his or her 
25
blood, breath, or
urine was 0.16 or more based on the 
26
definition of blood, breath, or urine units
in Section 
 


 






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1
11-501.2, is guilty of a Class 2 felony and shall be subject, 
2
in
addition to any other penalty that may be imposed, to a 
3
mandatory minimum of
90 days of imprisonment and a mandatory 
4
minimum fine of $2,500.

5
    (c-15) Any person convicted of a fourth
violation of

6
subsection
(a) or a similar provision, if at the time of the 
7
fourth
violation the alcohol concentration in his or her blood, 
8
breath, or urine was
0.16 or more based on the definition of 
9
blood, breath, or urine units in
Section 11-501.2, and if the 
10
person's 3 prior violations of subsection (a) or a
similar 
11
provision occurred while transporting a person under the age of 
12
16 or
while the alcohol concentration in his or her blood, 
13
breath, or urine was 0.16
or more based on the definition of 
14
blood, breath, or urine units in Section
11-501.2, is guilty of 
15
a Class 2 felony and is not eligible for a sentence of

16
probation or conditional discharge and is subject to a minimum 
17
fine of
$2,500.


18
    (d) (1) Every person convicted of committing a violation of 
19
    this Section
shall be guilty of aggravated driving under 
20
    the influence of alcohol,
other drug or drugs, or 
21
    intoxicating compound or compounds, or any combination

22
    thereof if:


23
            (A) the person committed a violation of subsection 
24
        (a) or a similar
provision for the
third or subsequent 
25
        time;


26
            (B) the person committed a violation of subsection 
 


 






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1
        (a)
while
driving a school bus with persons 18 years of 
2
        age or younger

on board;


3
            (C) the person in committing a violation of 
4
        subsection
(a) was
involved in a motor vehicle accident 
5
        that resulted in great bodily harm or
permanent 
6
        disability or disfigurement to another, when the 
7
        violation was
a proximate cause of the injuries;


8
            (D) the person committed a violation of subsection 
9
        (a)
for a
second time and has been previously convicted 
10
        of violating Section 9-3 of the
Criminal Code of 1961 
11
        or a similar provision of a law of another state 
12
        relating to reckless homicide in which the person was

13
        determined to have been under the influence of alcohol, 
14
        other drug or
drugs, or intoxicating compound or 
15
        compounds as an element of the offense or
the person 
16
        has previously been convicted
under subparagraph (C) 
17
        or subparagraph (F) of this paragraph (1);


18
            (E) the person, in committing a violation of 
19
        subsection (a) while
driving at any speed in a school 
20
        speed zone at a time when a speed limit of
20 miles per 
21
        hour was in effect under subsection (a) of Section 
22
        11-605 of
this Code, was involved in a motor vehicle 
23
        accident that resulted in bodily
harm, other than great 
24
        bodily harm or permanent disability or disfigurement,

25
        to another person, when the violation of subsection (a) 
26
        was a
proximate cause
of the bodily harm; or


 


 






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            (F) the person, in committing a violation of 
2
        subsection (a), was
involved in a motor vehicle, 
3
        snowmobile, all-terrain vehicle, or watercraft

4
        accident that resulted in
the death of another person, 
5
        when the violation of subsection
(a) was
a proximate 
6
        cause of the death.


7
        (2) Except as provided in this paragraph (2) and in 
8
    paragraphs (3) and (4) of subsection (c-1), a person 
9
    convicted of
aggravated driving under
the
influence of 
10
    alcohol, other drug or
drugs,
or intoxicating compound or 
11
    compounds, or any
combination thereof is guilty of a Class 
12
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
13
    (1) of this subsection (d), the defendant, if sentenced to 
14
    a term
of imprisonment, shall be sentenced
to not less than

15
    one year nor more than 12 years.
Except as provided in 
16
    paragraph (4) of subsection (c-1), aggravated driving 
17
    under the influence of alcohol, other drug, or drugs, 
18
    intoxicating compounds or compounds, or any combination 
19
    thereof as defined in subparagraph (A) of paragraph (1) of 
20
    this subsection (d) is a Class 2 felony. Aggravated driving 
21
    under the influence of alcohol, other drug or drugs,
or 
22
    intoxicating compound or compounds, or any combination 
23
    thereof as
defined in subparagraph (F) of paragraph (1) of 
24
    this subsection (d) is
a Class 2 felony, for which the 
25
    defendant, if sentenced to a term of
imprisonment, shall be 
26
    sentenced to: (A) a
term of imprisonment of not less than 3 
 


 






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    years and not more
than 14 years if the violation resulted 
2
    in the death of one person; or
(B) a term of imprisonment 
3
    of not less than 6 years and not
more than 28 years if the 
4
    violation resulted in the deaths of 2 or more
persons.
For 
5
    any prosecution under this subsection
(d), a certified copy 
6
    of the
driving abstract of the defendant shall be admitted 
7
    as proof of any prior
conviction.
Any person sentenced 
8
    under this subsection (d) who receives a term of
probation

9
    or conditional discharge must serve a minimum term of 
10
    either 480 hours of
community service or 10 days of 
11
    imprisonment as a condition of the probation or
conditional 
12
    discharge. This mandatory minimum term of imprisonment or

13
    assignment of community service may not be suspended or 
14
    reduced by the court.


15
    (e) After a finding of guilt and prior to any final 
16
sentencing, or an
order for supervision, for an offense based 
17
upon an arrest for a
violation of this Section or a similar 
18
provision of a local ordinance,
individuals shall be required 
19
to undergo a professional evaluation to
determine if an 
20
alcohol, drug, or intoxicating compound abuse problem exists

21
and the
extent of the problem, and undergo the imposition of 
22
treatment as appropriate.
Programs conducting these 
23
evaluations shall be
licensed by the Department of Human 
24
Services.  The cost of any professional
evaluation shall be paid 
25
for by the
individual
required to undergo the professional 
26
evaluation.


 


 






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    (e-1) Any person who is found guilty of or pleads guilty to 
2
violating this
Section, including any person receiving a 
3
disposition of court supervision for
violating this Section, 
4
may be required by the Court to attend a victim
impact panel 
5
offered by, or under contract with, a County State's Attorney's

6
office, a probation and court services department, Mothers 
7
Against Drunk
Driving,
or the Alliance Against Intoxicated 
8
Motorists.
All costs generated by
the victim impact panel shall 
9
be paid from fees collected from the
offender or as may be 
10
determined by the court.


11
    (f) Every person found guilty of violating this Section, 
12
whose
operation of a motor vehicle while in violation of this 
13
Section proximately
caused any incident resulting in an 
14
appropriate emergency response, shall
be liable for the expense 
15
of an emergency response as provided in subsection (m) of this 
16
Section.


17
    (g) The Secretary of State shall revoke the driving 
18
privileges of any
person convicted under this Section or a 
19
similar provision of a local
ordinance.


20
    (h) (Blank).



21
    (i) The Secretary of State shall require the use of 
22
ignition interlock
devices on all vehicles owned by an 
23
individual who has been convicted of a
second
or subsequent 
24
offense of this Section or a similar provision of a local

25
ordinance.  The Secretary shall establish by rule and regulation 
26
the procedures
for certification and use of the interlock 
 


 






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1
system.


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


 






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1
shall include, but are not limited
to, in-car video cameras, 
2
radar and laser speed detection devices, and alcohol
breath 
3
testers.
Any moneys received by the Department of State Police 
4
under this subsection
(j) shall be deposited into the State 
5
Police DUI Fund and shall be used for enforcement and 
6
prevention of driving while under the influence of alcohol, 
7
other drug or drugs, intoxicating compound or compounds or any 
8
combination thereof, as defined by this Section, including but 
9
not limited to the

purchase of law enforcement equipment and 
10
commodities that will assist in the prevention of
alcohol 
11
related criminal violence throughout the State; police officer 
12
training and education in areas related to alcohol related 
13
crime, including but not limited to DUI training; and police 
14
officer salaries, including but not limited to salaries for 
15
hire back funding for safety checkpoints, saturation patrols, 
16
and liquor store sting operations.


17
    (k) The Secretary of State Police DUI Fund is created as a 
18
special
fund in the State treasury. All moneys received by the 
19
Secretary of State
Police under subsection (j) of this Section 
20
shall be deposited into the
Secretary of State Police DUI Fund 
21
and, subject to appropriation, shall be
used for enforcement 
22
and prevention of driving while under the influence of alcohol, 
23
other drug or drugs, intoxicating compound or compounds or any 
24
combination thereof, as defined by this Section, including but 
25
not limited to the purchase of law enforcement equipment and 
26
commodities to assist in the prevention of
alcohol related 
 


 






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1
criminal violence throughout the State; police officer 
2
training and education in areas related to alcohol related 
3
crime, including but not limited to DUI training; and police 
4
officer salaries, including but not limited to salaries for 
5
hire back funding for safety checkpoints, saturation patrols, 
6
and liquor store sting operations.


7
    (l) Whenever an individual is sentenced for an offense 
8
based upon an
arrest for a violation of subsection (a) or a 
9
similar provision of a local
ordinance, and the professional 
10
evaluation recommends remedial or
rehabilitative treatment or 
11
education, neither the treatment nor the education
shall be the 
12
sole disposition and either or both may be imposed only in

13
conjunction with another disposition. The court shall monitor 
14
compliance with
any remedial education or treatment 
15
recommendations contained in the
professional evaluation. 
16
Programs conducting alcohol or other drug evaluation
or 
17
remedial education must be licensed by the Department of Human 
18
Services. If
the individual is not a resident of Illinois, 
19
however, the court may accept an
alcohol or other drug 
20
evaluation or remedial education program in the
individual's 
21
state of residence.  Programs providing treatment must be 
22
licensed
under existing applicable alcoholism and drug 
23
treatment licensure standards.

24
    (m) In addition to any other fine or penalty required by 
25
law, an individual
convicted of a violation of subsection (a), 
26
Section 5-7 of the Snowmobile
Registration and Safety Act, 
 


 






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1
Section 5-16 of the Boat Registration and Safety
Act, or a 
2
similar provision, whose operation of a motor vehicle, 
3
snowmobile, or
watercraft while in
violation of subsection (a), 
4
Section 5-7 of the Snowmobile Registration and
Safety Act, 
5
Section 5-16 of the Boat Registration and Safety Act, or a 
6
similar
provision proximately caused an incident resulting in 
7
an appropriate emergency
response, shall be required to make 
8
restitution to a public agency for the
costs of that emergency 
9
response. The restitution may not exceed $1,000 per
public 
10
agency for each emergency response. As used in this subsection 
11
(m),
"emergency response" means any incident requiring a 
12
response by a police
officer, a firefighter carried on the 
13
rolls of a regularly constituted fire
department, or an 
14
ambulance.


15
(Source: P.A. 94-116, eff. 1-1-06; 94-963, eff. 6-28-06; 
16
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)

 
17
    (Text of Section from P.A. 94-329, 94-963, 95-149, and 
18
95-355)
19
    Sec. 11-501. Driving while under the influence of alcohol, 
20
other drug or
drugs, intoxicating compound or compounds or any 
21
combination thereof.


22
    (a) A person shall not drive or be in actual
physical 
23
control of any vehicle within this State while:


24
        (1) the alcohol concentration in the person's blood or 
25
    breath is 0.08
or more based on the definition of blood and 
 


 






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1
    breath units in Section 11-501.2;


2
        (2) under the influence of alcohol;


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


6
        (4) under the influence of any other drug or 
7
    combination of drugs to a
degree that renders the person 
8
    incapable of safely driving;


9
        (5) under the combined influence of alcohol, other drug 
10
    or drugs, or
intoxicating compound or compounds to a degree 
11
    that renders the person
incapable of safely driving; or


12
        (6) there is any amount of a drug, substance, or 
13
    compound in the
person's breath, blood, or urine resulting 
14
    from the unlawful use or consumption
of cannabis listed in 
15
    the Cannabis Control Act, a controlled substance listed
in 
16
    the Illinois Controlled Substances Act, an intoxicating 
17
    compound listed
in the Use of Intoxicating Compounds Act, 
18
    or methamphetamine as listed in the Methamphetamine 
19
    Control and Community Protection Act.


20
    (b) The fact that any person charged with violating this 
21
Section is or
has been legally entitled to use alcohol, other 
22
drug or drugs, or
intoxicating compound or compounds, or any

23
combination thereof,  shall not constitute a defense against any 
24
charge of
violating this Section.


25
    (b-1) With regard to penalties imposed under this Section:

26
        (1) Any reference to a prior violation of subsection 
 


 






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1
    (a) or a similar
provision includes any violation of a 
2
    provision of a local ordinance or a
provision of a law of 
3
    another state or an offense committed on a military 
4
    installation that is similar to a violation of
subsection 
5
    (a) of this Section.

6
        (2) Any penalty imposed for driving with a license that 
7
    has been revoked
for a previous violation of subsection (a) 
8
    of this Section shall be in
addition to the penalty imposed 
9
    for any subsequent violation of subsection (a).

10
    (b-2) Except as otherwise provided in this Section, any 
11
person convicted of
violating subsection (a) of this Section is 
12
guilty of a Class A misdemeanor.

13
    (b-3) In addition to any other criminal or administrative 
14
sanction for any
second conviction of violating subsection (a) 
15
or a similar provision committed
within 5 years of a previous 
16
violation of subsection (a) or a similar
provision, the 
17
defendant shall be sentenced to a mandatory minimum of 5 days 
18
of
imprisonment or assigned a mandatory minimum of 240 hours of 
19
community service
as may be determined by the court.

20
    (b-4) In the case of a third or subsequent violation 
21
committed within 5
years of a previous violation of subsection 
22
(a) or a similar provision, in
addition to any other criminal 
23
or administrative sanction, a mandatory minimum
term of either 
24
10 days of imprisonment or 480 hours of community service shall

25
be imposed.

26
    (b-5) The imprisonment or assignment of community service 
 


 






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1
under subsections
(b-3) and (b-4) shall not be subject to 
2
suspension, nor shall the person be
eligible for a reduced 
3
sentence.


4
    (c) (Blank).



5
    (c-1) (1) A person who violates subsection (a)

during
a 
6
    period in which his
or her driving privileges are revoked 
7
    or suspended, where the revocation or
suspension was for a 
8
    violation of subsection (a) or a similar provision, Section

9
    11-501.1, paragraph (b)
of Section 11-401, or for reckless 
10
    homicide as defined in Section 9-3 of
the Criminal Code of 
11
    1961 is guilty of aggravated driving under the influence of 
12
    alcohol, other drug or drugs, intoxicating compound or 
13
    compounds, or any combination thereof and is guilty of a

14
    Class 4 felony.


15
        (2) A person who violates subsection (a) a third
time, 
16
    if the third violation occurs during a period in
which his 
17
    or her driving privileges are revoked or suspended where 
18
    the
revocation
or suspension was for a violation of 
19
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
20
    11-401, or for reckless homicide as defined in Section 9-3

21
    of the Criminal Code of 1961, is guilty of aggravated 
22
    driving under the influence of alcohol, other drug or 
23
    drugs, intoxicating compound or compounds, or any 
24
    combination thereof and is guilty of
a Class 3 felony.
25
        (2.1) A person who violates subsection (a) a third 
26
    time, if the third
violation occurs during a period in 
 


 






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1
    which his or her driving privileges are
revoked or 
2
    suspended where the revocation or suspension was for a 
3
    violation of
subsection (a), Section 11-501.1, subsection 
4
    (b) of Section 11-401, or for
reckless homicide as defined 
5
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
6
    aggravated driving under the influence of alcohol, other 
7
    drug or drugs, intoxicating compound or compounds, or any 
8
    combination thereof and is guilty of a Class 3 felony; and 
9
    if the
person receives a term of
probation or conditional 
10
    discharge, he or she shall be required to serve a
mandatory

11
    minimum of 10 days of imprisonment or shall be assigned a 
12
    mandatory minimum of
480 hours of community service, as may 
13
    be determined by the court, as a
condition of the probation 
14
    or conditional discharge. This mandatory minimum
term of 
15
    imprisonment or assignment of community service shall not 
16
    be suspended
or 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, is guilty of aggravated driving 
22
    under the influence of alcohol, other drug or drugs, 
23
    intoxicating compound or compounds, or any combination 
24
    thereof and shall also be sentenced to an additional

25
    mandatory minimum term of 30 consecutive days of 
26
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
 


 






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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 or

6
    subsequent time, if the fourth or subsequent violation 
7
    occurs
during a period in which his
or her driving 
8
    privileges are revoked or suspended where the revocation
or 
9
    suspension was for a violation of subsection (a),
Section 
10
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
11
    homicide as defined in
Section 9-3
of
the Criminal Code of 
12
    1961, is guilty of aggravated driving under the influence 
13
    of alcohol, other drug or drugs, intoxicating compound or 
14
    compounds, or any combination thereof and is guilty of
a 
15
    Class 2 felony, and is not eligible for a sentence of 
16
    probation or
conditional discharge.


17
    (c-2) (Blank).


18
    (c-3) (Blank).



19
    (c-4) (Blank).

20
    (c-5) A person who violates subsection (a), if the person 
21
was transporting
a person under the age of 16 at the time of 
22
the violation, is subject to an
additional mandatory minimum 
23
fine of $1,000, an additional mandatory minimum
140 hours of 
24
community service, which shall include 40 hours of community

25
service in a program benefiting children, and an additional 2 
26
days of
imprisonment. The imprisonment or assignment of 
 


 






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1
community service under this
subsection (c-5) is not subject to 
2
suspension, nor is the person eligible for
a reduced sentence.

3
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
4
person who
violates
subsection (a) a second time, if at the 
5
time of
the second violation the person was transporting a 
6
person under the age of 16,
is subject to an additional 10 days 
7
of imprisonment, an additional mandatory
minimum fine of 
8
$1,000, and an additional mandatory minimum 140 hours of

9
community service, which shall include 40 hours of community 
10
service in a
program benefiting children.
The imprisonment or 
11
assignment of community service under this subsection (c-6)
is 
12
not subject to suspension, nor is the person eligible for a 
13
reduced
sentence.

14
    (c-7) Except as provided in subsection (c-8), any person 
15
convicted of
violating subsection (c-6) or a similar
provision 
16
within 10 years of a previous violation of subsection (a) or a

17
similar provision shall receive, in addition to any other 
18
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
19
additional 40 hours of mandatory
community service in a program 
20
benefiting children, and a mandatory minimum
fine of $1,750. 
21
The imprisonment or assignment of community service under this

22
subsection (c-7) is not subject to suspension, nor is the 
23
person
eligible for a reduced sentence.

24
    (c-8) Any person convicted of violating subsection (c-6) or 
25
a similar
provision within 5 years of a previous violation of 
26
subsection (a) or a similar
provision shall receive, in 
 


 






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1
addition to any other penalty imposed, an
additional 80 hours 
2
of mandatory community service in a program benefiting

3
children, an additional mandatory minimum 12 days of 
4
imprisonment, and a
mandatory minimum fine of $1,750. The 
5
imprisonment or assignment of community
service under this 
6
subsection (c-8) is not subject to suspension, nor
is the

7
person eligible for a reduced sentence.

8
    (c-9) Any person convicted a third time for violating 
9
subsection (a) or a
similar provision, if at the time of the 
10
third violation the person was
transporting a person under the 
11
age of 16, is guilty of a Class 4 felony and shall
receive, in 
12
addition to any other
penalty imposed, an additional mandatory 
13
fine of $1,000, an additional
mandatory 140 hours of community 
14
service, which shall include 40 hours in a
program benefiting 
15
children, and a mandatory minimum 30 days of imprisonment.
The 
16
imprisonment or assignment of community service under this 
17
subsection (c-9)
is not subject to suspension, nor is the 
18
person eligible for a reduced
sentence.

19
    (c-10) Any person convicted of violating subsection (c-9) 
20
or a similar
provision a third time within 20 years of a 
21
previous violation of subsection
(a) or a
similar provision is 
22
guilty of a Class 4 felony and shall receive, in addition
to 
23
any other penalty imposed, an additional mandatory 40 hours of 
24
community
service in a program benefiting children, an 
25
additional mandatory fine of

$3,000, and a mandatory minimum 
26
120 days of imprisonment. The imprisonment or
assignment of 
 


 






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1
community service under this subsection (c-10) is not subject 
2
to
suspension, nor is the person eligible for a reduced 
3
sentence.

4
    (c-11) Any person convicted a fourth or subsequent time for 
5
violating
subsection (a) or a similar provision, if at the time 
6
of the fourth or
subsequent violation the person was 
7
transporting a person under the age of 16,
and if the person's 
8
3 prior violations of subsection (a) or a similar provision

9
occurred while transporting a person under the age of 16 or 
10
while the alcohol
concentration in his or her blood, breath, or 
11
urine was 0.16 or more based
on the definition of blood, 
12
breath, or urine units in Section 11-501.2, is
guilty of a 
13
Class 2 felony, is not eligible for probation or conditional

14
discharge, and is subject to a minimum fine of $3,000.

15
    (c-12) Any person convicted of a first violation of 
16
subsection (a) or a
similar provision, if 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, shall be subject, in addition to any other 
20
penalty
that may be imposed, to a mandatory minimum of 100 
21
hours of community service
and a mandatory minimum fine of 
22
$500.

23
    (c-13) Any person convicted of a second violation of 
24
subsection (a) or a similar provision committed within 10 years 
25
of a previous violation of subsection (a) or a similar 
26
provision committed within 10 years of a previous violation of 
 


 






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

8
    (c-14) Any person convicted of a third violation of 
9
subsection (a) or a
similar provision within 20 years of a 
10
previous violation of subsection (a) or
a
similar provision, if 
11
at the time of the third violation of subsection (a) or a

12
similar provision the alcohol concentration in his or her 
13
blood, breath, or
urine was 0.16 or more based on the 
14
definition of blood, breath, or urine units
in Section 
15
11-501.2, is guilty of a Class 4 felony and shall be subject, 
16
in
addition to any other penalty that may be imposed, to a 
17
mandatory minimum of
90 days of imprisonment and a mandatory 
18
minimum fine of $2,500.

19
    (c-15) Any person convicted of a fourth or subsequent 
20
violation of
subsection
(a) or a similar provision, if at the 
21
time of the fourth or subsequent
violation the alcohol 
22
concentration in his or her blood, breath, or urine was
0.16 or 
23
more based on the definition of blood, breath, or urine units 
24
in
Section 11-501.2, and if the person's 3 prior violations of 
25
subsection (a) or a
similar provision occurred while 
26
transporting a person under the age of 16 or
while the alcohol 
 


 






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


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

 


 






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        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
            (G) the person committed the violation while he or 
22
        she did not possess a driver's license or permit or a 
23
        restricted driving permit or a judicial driving 
24
        permit; or

25
            (H) the person committed the violation while he or 
26
        she knew or should have known that the vehicle he or 
 


 






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        she was driving was not covered by a liability 
2
        insurance policy.

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

9
    paragraph (1) of this subsection (d), the defendant, if 
10
    sentenced to a term
of imprisonment, shall be sentenced
to 
11
    not less than
one year nor more than 12 years.
Aggravated 
12
    driving under the influence of alcohol, other drug or 
13
    drugs,
or intoxicating compound or compounds, or any 
14
    combination thereof as
defined in subparagraph (F) of 
15
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
16
    for which the defendant, if sentenced to a term of

17
    imprisonment, shall be sentenced to: (A) a
term of 
18
    imprisonment of not less than 3 years and not more
than 14 
19
    years if the violation resulted in the death of one person; 
20
    or
(B) a term of imprisonment of not less than 6 years and 
21
    not
more than 28 years if the violation resulted in the 
22
    deaths of 2 or more
persons.
For any prosecution under this 
23
    subsection
(d), a certified copy of the
driving abstract of 
24
    the defendant shall be admitted as proof of any prior

25
    conviction.
Any person sentenced under this subsection (d) 
26
    who receives a term of
probation
or conditional discharge 
 


 






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    must serve a minimum term of either 480 hours of
community 
2
    service or 10 days of imprisonment as a condition of the 
3
    probation or
conditional discharge. This mandatory minimum 
4
    term of imprisonment or
assignment of community service may 
5
    not be suspended or reduced by the court.


6
    (e) After a finding of guilt and prior to any final 
7
sentencing, or an
order for supervision, for an offense based 
8
upon an arrest for a
violation of this Section or a similar 
9
provision of a local ordinance,
individuals shall be required 
10
to undergo a professional evaluation to
determine if an 
11
alcohol, drug, or intoxicating compound abuse problem exists

12
and the
extent of the problem, and undergo the imposition of 
13
treatment as appropriate.
Programs conducting these 
14
evaluations shall be
licensed by the Department of Human 
15
Services.  The cost of any professional
evaluation shall be paid 
16
for by the
individual
required to undergo the professional 
17
evaluation.


18
    (e-1) Any person who is found guilty of or pleads guilty to 
19
violating this
Section, including any person receiving a 
20
disposition of court supervision for
violating this Section, 
21
may be required by the Court to attend a victim
impact panel 
22
offered by, or under contract with, a County State's Attorney's

23
office, a probation and court services department, Mothers 
24
Against Drunk
Driving,
or the Alliance Against Intoxicated 
25
Motorists.
All costs generated by
the victim impact panel shall 
26
be paid from fees collected from the
offender or as may be 
 


 






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determined by the court.


2
    (f) Every person found guilty of violating this Section, 
3
whose
operation of a motor vehicle while in violation of this 
4
Section proximately
caused any incident resulting in an 
5
appropriate emergency response, shall
be liable for the expense 
6
of an emergency response as provided in subsection (m) of this 
7
Section.


8
    (g) The Secretary of State shall revoke the driving 
9
privileges of any
person convicted under this Section or a 
10
similar provision of a local
ordinance.


11
    (h) (Blank).



12
    (i) The Secretary of State shall require the use of 
13
ignition interlock
devices on all vehicles owned by an 
14
individual who has been convicted of a
second
or subsequent 
15
offense of this Section or a similar provision of a local

16
ordinance.  The Secretary shall establish by rule and regulation 
17
the procedures
for certification and use of the interlock 
18
system.


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 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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. 94-329, eff. 1-1-06; 94-963, eff. 6-28-06; 
7
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
 
8
    (Text of Section after amendment by P.A. 95-578)
9
    Sec. 11-501.  Driving while under the influence of alcohol, 
10
other drug or drugs, intoxicating compound or compounds or any 
11
combination thereof.

12
    (a) A person shall not drive or be in actual physical 
13
control of any vehicle within this State while:
14
        (1) the alcohol concentration in the person's blood or 
15
    breath is 0.08 or more based on the definition of blood and 
16
    breath units in Section 11-501.2;
17
        (2) under the influence of alcohol;
18
        (3) under the influence of any intoxicating compound or 
19
    combination of intoxicating compounds to a degree that 
20
    renders the person incapable of driving safely;
21
        (4) under the influence of any other drug or 
22
    combination of drugs to a degree that renders the person 
23
    incapable of safely driving;
24
        (5) under the combined influence of alcohol, other drug 
25
    or drugs, or intoxicating compound or compounds to a degree 
 


 






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1
    that renders the person incapable of safely driving; or
2
        (6) there is any amount of a drug, substance, or 
3
    compound in the person's breath, blood, or urine resulting 
4
    from the unlawful use or consumption of cannabis listed in 
5
    the Cannabis Control Act, a controlled substance listed in 
6
    the Illinois Controlled Substances Act,  an intoxicating 
7
    compound listed in the Use of Intoxicating Compounds Act, 
8
    or methamphetamine as listed in the Methamphetamine 
9
    Control and Community Protection Act.

10
    (b) The fact that any person charged with violating this 
11
Section is or has been legally entitled to use alcohol, other 
12
drug or drugs, or intoxicating compound or compounds, or any 
13
combination thereof, shall not constitute a defense against any 
14
charge of violating this Section.
15
    (c) Penalties.
16
        (1) Except as otherwise provided in this Section, any 
17
    person convicted of violating subsection (a) of this 
18
    Section is guilty of a Class A misdemeanor.
19
        (2) A person who violates subsection (a) or a similar 
20
    provision a second time shall be sentenced to a mandatory 
21
    minimum term of either 5 days of imprisonment or 240 hours 
22
    of community service in addition to any other criminal or 
23
    administrative sanction.
24
        (3) A person who violates subsection (a) is subject to 
25
    6 months of imprisonment, an additional mandatory minimum 
26
    fine of $1,000, and 25 days of community service in a 
 


 






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    program benefiting children if the person was transporting 
2
    a person under the age of 16 at the time of the violation.
3
        (4) A person who violates subsection (a) a first time, 
4
    if the alcohol concentration in his or her blood, breath, 
5
    or urine was 0.16 or more based on the definition of blood, 
6
    breath, or urine units in Section 11-501.2, shall be 
7
    subject, in addition to any other penalty that may be 
8
    imposed, to a mandatory minimum of 100 hours of community 
9
    service and a mandatory minimum fine of $500.
10
        (5) A person who violates subsection (a) a second time, 
11
    if at the time of the second violation the alcohol 
12
    concentration in his or her blood, breath, or urine was 
13
    0.16 or more based on the definition of blood, breath, or 
14
    urine units in Section 11-501.2, shall be subject, in 
15
    addition to any other penalty that may be imposed, to a 
16
    mandatory minimum of 2 days of imprisonment and a mandatory 
17
    minimum fine of $1,250.
18
    (d) Aggravated driving under the influence of alcohol, 
19
other drug or drugs, or intoxicating compound or compounds, or 
20
any combination thereof.

21
        (1) Every person convicted of committing a violation of 
22
    this Section shall be guilty of aggravated driving under 
23
    the influence of alcohol, other drug or drugs, or 
24
    intoxicating compound or compounds, or any combination 
25
    thereof if:
26
            (A) the person committed a violation of  subsection 
 


 






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        (a) or a similar provision for the third or subsequent 
2
        time;
3
            (B) the person committed a violation of subsection 
4
        (a) while driving a school bus with persons 18 years of 
5
        age or younger on board;
6
            (C) the person in committing a violation of 
7
        subsection (a) was involved in a motor vehicle accident 
8
        that resulted in great bodily harm or permanent 
9
        disability or disfigurement to another, when the 
10
        violation was a proximate cause of the injuries;
11
            (D) the person committed a violation of subsection 
12
        (a) for a second time and has been previously convicted 
13
        of violating Section 9-3 of the Criminal Code of 1961 
14
        or a similar provision of a law of another state 
15
        relating to reckless homicide in which the person was 
16
        determined to have been under the influence of alcohol, 
17
        other drug or drugs, or intoxicating compound or 
18
        compounds as an element of the offense or the person 
19
        has previously been convicted under subparagraph (C) 
20
        or subparagraph (F) of this paragraph (1);
21
            (E) the person, in committing a violation of 
22
        subsection (a) while driving at any speed in a school 
23
        speed zone at a time when a speed limit of 20 miles per 
24
        hour was in effect under subsection (a) of Section 
25
        11-605 of this Code, was involved in a motor vehicle 
26
        accident that resulted in bodily harm, other than great 
 


 






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1
        bodily harm or permanent disability or disfigurement, 
2
        to another person, when the violation of subsection (a) 
3
        was a proximate cause of the bodily harm;
4
            (F) the person, in committing a violation of 
5
        subsection (a), was involved in a motor vehicle, 
6
        snowmobile, all-terrain vehicle, or watercraft 
7
        accident that resulted in the death of another person, 
8
        when the violation of subsection (a) was a proximate 
9
        cause of the death;
10
            (G) the person committed a violation of subsection 
11
        (a) during a period in which the defendant's driving 
12
        privileges are revoked or suspended, where the 
13
        revocation or suspension was for a violation of 
14
        subsection (a) or a similar provision, Section 
15
        11-501.1, paragraph (b) of Section 11-401, or for 
16
        reckless homicide as defined in Section 9-3 of the 
17
        Criminal Code of 1961;
18
            (H) the person committed the violation while he or 
19
        she did not possess a driver's license or permit or a 
20
        restricted driving permit or a judicial driving 
21
        permit;
22
            (I) the person committed the violation while he or 
23
        she knew or should have known that the vehicle he or 
24
        she was driving was not covered by a liability 
25
        insurance policy;
26
            (J) the person in committing a violation of 
 


 






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1
        subsection (a) was involved in a motor vehicle accident 
2
        that resulted in bodily harm, but not great bodily 
3
        harm, to the child under the age of 16 being 
4
        transported by the person, if the violation was the 
5
        proximate cause of the injury; or
6
            (K) the person in committing a second violation of 
7
        subsection (a) or a similar provision was transporting 
8
        a person under the age of 16.
9
        (2)(A) Except as provided otherwise, a person 
10
    convicted of aggravated driving under the influence of 
11
    alcohol, other drug or drugs, or intoxicating compound or 
12
    compounds, or any combination thereof is guilty of a Class 
13
    4 felony.
14
        (B) A third violation of this Section or a similar 
15
    provision is a Class 2 felony.  If at the time of the third 
16
    violation the alcohol concentration in his or her blood, 
17
    breath, or urine was 0.16 or more based on the definition 
18
    of blood, breath, or urine units in Section 11-501.2, a 
19
    mandatory minimum of 90 days of imprisonment and a 
20
    mandatory minimum fine of $2,500 shall be imposed in 
21
    addition to any other criminal or administrative sanction.  
22
    If at the time of the third violation, the defendant was 
23
    transporting a person under the age of 16, a mandatory fine 
24
    of $25,000 and 25 days of community service in a program 
25
    benefiting children shall be imposed in addition to any 
26
    other criminal or administrative sanction.
 


 






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1
        (C) A fourth violation of this Section or a similar 
2
    provision is a Class 2 felony, for which a sentence of 
3
    probation or conditional discharge may not be imposed. If 
4
    at the time of the violation, the alcohol concentration in 
5
    the defendant's blood, breath, or urine was 0.16 or more 
6
    based on the definition of blood, breath, or urine units in 
7
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
8
    be imposed in addition to any other criminal or 
9
    administrative sanction. If at the time of the fourth 
10
    violation, the defendant was transporting a person under 
11
    the age of 16 a mandatory fine of $25,000 and 25 days of 
12
    community service in a program benefiting children shall be 
13
    imposed in addition to any other criminal or administrative 
14
    sanction.
15
        (D) A fifth violation of this Section or a similar 
16
    provision is a Class 1 felony, for which a sentence of 
17
    probation or conditional discharge may not be imposed.  If 
18
    at the time of the violation, the alcohol concentration in 
19
    the defendant's blood, breath, or urine was 0.16 or more 
20
    based on the definition of blood, breath, or urine units in 
21
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
22
    be imposed in addition to any other criminal or 
23
    administrative sanction. If at the time of the fifth 
24
    violation, the defendant was transporting a person under 
25
    the age of 16, a mandatory fine of $25,000, and 25 days of 
26
    community service in a program benefiting children shall be 
 


 






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1
    imposed in addition to any other criminal or administrative 
2
    sanction.
3
        (E) A sixth or subsequent violation of this Section or 
4
    similar provision is a Class X felony. If at the time of 
5
    the violation, the alcohol concentration in the 
6
    defendant's blood, breath, or urine was 0.16 or more based 
7
    on the definition of blood, breath, or urine units in 
8
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
9
    be imposed in addition to any other criminal or 
10
    administrative sanction. If at the time of the violation, 
11
    the defendant was transporting a person under the age of 
12
    16, a mandatory fine of $25,000 and 25 days of community 
13
    service in a program benefiting children shall be imposed 
14
    in addition to any other criminal or administrative 
15
    sanction.
16
        (F) 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.
20
        (G) A violation of subparagraph (F) of paragraph (1) of 
21
    this subsection (d) is a Class 2 felony, for which the 
22
    defendant, unless the court determines that extraordinary 
23
    circumstances exist and require probation, shall be 
24
    sentenced to: (i) a term of imprisonment of not less than 3 
25
    years and not more than 14 years if the violation resulted 
26
    in the death of one person; or (ii) a term of imprisonment 
 


 






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    of not less than 6 years and not more than 28 years if the 
2
    violation resulted in the deaths of 2 or more persons.
3
        (H)  For a violation of subparagraph (J) of paragraph 
4
    (1) of this subsection (d), a mandatory fine of $2,500, and 
5
    25 days of community service in a program benefiting 
6
    children shall be imposed in addition to any other criminal 
7
    or administrative sanction.
8
        (I) A violation of subparagraph (K) of paragraph (1) of 
9
    this subsection (d), is a Class 2 felony and a mandatory 
10
    fine of $2,500, and 25 days of community service in a 
11
    program benefiting children shall be imposed in addition to 
12
    any other criminal or administrative sanction.  If the child 
13
    being transported suffered bodily harm, but not great 
14
    bodily harm, in a motor vehicle accident, and the violation 
15
    was the proximate cause of that injury, a mandatory fine of 
16
    $5,000 and 25 days of community service in a program 
17
    benefiting children shall be imposed in addition to any 
18
    other criminal or administrative sanction.
19
        (3) Any person sentenced under this subsection (d) who 
20
    receives a term of probation or conditional discharge must 
21
    serve a minimum term of either 480 hours of community 
22
    service or 10 days of imprisonment as a condition of the 
23
    probation or conditional discharge in addition to any other 
24
    criminal or administrative sanction.
25
    (e) Any reference to a prior violation of subsection (a) or 
26
a similar provision includes any violation of a provision of a 
 


 






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local ordinance or a provision of a law of another state or an 
2
offense committed on a military installation that is similar to 
3
a violation of subsection (a) of this Section.
4
    (f) The imposition of a mandatory term of imprisonment or 
5
assignment of community service for a violation of this Section 
6
shall not be suspended or reduced by the court.
7
    (g) Any penalty imposed for driving with a license that has 
8
been revoked for a previous violation of subsection (a) of this 
9
Section shall be in addition to the penalty imposed for any 
10
subsequent violation of subsection (a).
11
    (h) For any prosecution under this Section, a certified 
12
copy of the driving abstract of the defendant shall be admitted 
13
as proof of any prior conviction.
in subsection (m) of this 
14
Section

15
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, 
16
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, 
17
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; 
18
95-355, eff. 1-1-08; 95-578, eff. 6-1-08; revised 11-28-07.)

 
19
    (Text of Section after amendment by P.A. 95-400)
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 
 


 






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    breath is 0.08 or more based on the definition of blood and 
2
    breath units in Section 11-501.2;
3
        (2) under the influence of alcohol;
4
        (3) under the influence of any intoxicating compound or 
5
    combination of intoxicating compounds to a degree that 
6
    renders the person incapable of driving safely;
7
        (4) under the influence of any other drug or 
8
    combination of drugs to a degree that renders the person 
9
    incapable of safely driving;
10
        (5) under the combined influence of alcohol, other drug 
11
    or drugs, or intoxicating compound or compounds to a degree 
12
    that renders the person incapable of safely driving; or
13
        (6) there is any amount of a drug, substance, or 
14
    compound in the person's breath, blood, or urine resulting 
15
    from the unlawful use or consumption of cannabis listed in 
16
    the Cannabis Control Act, a controlled substance listed in 
17
    the Illinois Controlled Substances Act,  an intoxicating 
18
    compound listed in the Use of Intoxicating Compounds Act, 
19
    or methamphetamine as listed in the Methamphetamine 
20
    Control and Community Protection Act.

21
    (b) The fact that any person charged with violating this 
22
Section is or has been legally entitled to use alcohol, other 
23
drug or drugs, or intoxicating compound or compounds, or any 
24
combination thereof, shall not constitute a defense against any 
25
charge of violating this Section.
26
    (c) Penalties.
 


 






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        (1) Except as otherwise provided in this Section, any 
2
    person convicted of violating subsection (a) of this 
3
    Section is guilty of a Class A misdemeanor.
4
        (2) A person who violates subsection (a) or a similar 
5
    provision a second time shall be sentenced to a mandatory 
6
    minimum term of either 5 days of imprisonment or 240 hours 
7
    of community service in addition to any other criminal or 
8
    administrative sanction.
9
        (3) A person who violates subsection (a) is subject to 
10
    6 months of imprisonment, an additional mandatory minimum 
11
    fine of $1,000, and 25 days of community service in a 
12
    program benefiting children if the person was transporting 
13
    a person under the age of 16 at the time of the violation.
14
        (4) A person who violates subsection (a) a first time, 
15
    if the alcohol concentration in his or her blood, breath, 
16
    or urine was 0.16 or more based on the definition of blood, 
17
    breath, or urine units in Section 11-501.2, shall be 
18
    subject, in addition to any other penalty that may be 
19
    imposed, to a mandatory minimum of 100 hours of community 
20
    service and a mandatory minimum fine of $500.
21
        (5) A person who violates subsection (a) a second time, 
22
    if at the time of the second violation the alcohol 
23
    concentration in his or her blood, breath, or urine was 
24
    0.16 or more based on the definition of blood, breath, or 
25
    urine units in Section 11-501.2, shall be subject, in 
26
    addition to any other penalty that may be imposed, to a 
 


 






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    mandatory minimum of 2 days of imprisonment and a mandatory 
2
    minimum fine of $1,250.
3
    (d) Aggravated driving under the influence of alcohol, 
4
other drug or drugs, or intoxicating compound or compounds, or 
5
any combination thereof.

6
        (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 
 


 






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        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;
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
            (G) the person committed a violation of subsection 
22
        (a) during a period in which the defendant's driving 
23
        privileges are revoked or suspended, where the 
24
        revocation or suspension was for a violation of 
25
        subsection (a) or a similar provision, Section 
26
        11-501.1, paragraph (b) of Section 11-401, or for 
 


 






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        reckless homicide as defined in Section 9-3 of the 
2
        Criminal Code of 1961;
3
            (H) the person committed the violation while he or 
4
        she did not possess a driver's license or permit or a 
5
        restricted driving permit or a judicial driving permit 
6
        or a monitoring device driving permit;
7
            (I) the person committed the violation while he or 
8
        she knew or should have known that the vehicle he or 
9
        she was driving was not covered by a liability 
10
        insurance policy;
11
            (J) the person in committing a violation of 
12
        subsection (a) was involved in a motor vehicle accident 
13
        that resulted in bodily harm, but not great bodily 
14
        harm, to the child under the age of 16 being 
15
        transported by the person, if the violation was the 
16
        proximate cause of the injury; or
17
            (K) the person in committing a second violation of 
18
        subsection (a) or a similar provision was transporting 
19
        a person under the age of 16.
20
        (2)(A) Except as provided otherwise, a person 
21
    convicted of aggravated driving under the influence of 
22
    alcohol, other drug or drugs, or intoxicating compound or 
23
    compounds, or any combination thereof is guilty of a Class 
24
    4 felony.
25
        (B) A third violation of this Section or a similar 
26
    provision is a Class 2 felony.  If at the time of the third 
 


 






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1
    violation the alcohol concentration in his or her blood, 
2
    breath, or urine was 0.16 or more based on the definition 
3
    of blood, breath, or urine units in Section 11-501.2, a 
4
    mandatory minimum of 90 days of imprisonment and a 
5
    mandatory minimum fine of $2,500 shall be imposed in 
6
    addition to any other criminal or administrative sanction.  
7
    If at the time of the third violation, the defendant was 
8
    transporting a person under the age of 16, a mandatory fine 
9
    of $25,000 and 25 days of community service in a program 
10
    benefiting children shall be imposed in addition to any 
11
    other criminal or administrative sanction.
12
        (C) A fourth violation of this Section or a similar 
13
    provision is a Class 2 felony, for which a sentence of 
14
    probation or conditional discharge may not be imposed. If 
15
    at the time of the violation, the alcohol concentration in 
16
    the defendant's blood, breath, or urine was 0.16 or more 
17
    based on the definition of blood, breath, or urine units in 
18
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
19
    be imposed in addition to any other criminal or 
20
    administrative sanction. If at the time of the fourth 
21
    violation, the defendant was transporting a person under 
22
    the age of 16 a mandatory fine of $25,000 and 25 days of 
23
    community service in a program benefiting children shall be 
24
    imposed in addition to any other criminal or administrative 
25
    sanction.
26
        (D) A fifth violation of this Section or a similar 
 


 






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    provision is a Class 1 felony, for which a sentence of 
2
    probation or conditional discharge may not be imposed.  If 
3
    at the time of the violation, the alcohol concentration in 
4
    the defendant's blood, breath, or urine was 0.16 or more 
5
    based on the definition of blood, breath, or urine units in 
6
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
7
    be imposed in addition to any other criminal or 
8
    administrative sanction. If at the time of the fifth 
9
    violation, the defendant was transporting a person under 
10
    the age of 16, a mandatory fine of $25,000, and 25 days of 
11
    community service in a program benefiting children shall be 
12
    imposed in addition to any other criminal or administrative 
13
    sanction.
14
        (E) A sixth or subsequent violation of this Section or 
15
    similar provision is a Class X felony. If at the time of 
16
    the violation, the alcohol concentration in the 
17
    defendant's blood, breath, or urine was 0.16 or more based 
18
    on the definition of blood, breath, or urine units in 
19
    Section 11-501.2, a mandatory minimum fine of $5,000 shall 
20
    be imposed in addition to any other criminal or 
21
    administrative sanction. If at the time of the violation, 
22
    the defendant was transporting a person under the age of 
23
    16, a mandatory fine of $25,000 and 25 days of community 
24
    service in a program benefiting children shall be imposed 
25
    in addition to any other criminal or administrative 
26
    sanction.
 


 






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        (F) For a violation of subparagraph (C) of paragraph 
2
    (1) of this subsection (d), the defendant, if sentenced to 
3
    a term of imprisonment, shall be sentenced to not less than 
4
    one year nor more than 12 years.
5
        (G) A violation of subparagraph (F) of paragraph (1) of 
6
    this subsection (d) is a Class 2 felony, for which the 
7
    defendant, unless the court determines that extraordinary 
8
    circumstances exist and require probation, shall be 
9
    sentenced to: (i) 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 (ii) 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.
14
        (H)  For a violation of subparagraph (J) of paragraph 
15
    (1) of this subsection (d), a mandatory fine of $2,500, and 
16
    25 days of community service in a program benefiting 
17
    children shall be imposed in addition to any other criminal 
18
    or administrative sanction.
19
        (I) A violation of subparagraph (K) of paragraph (1) of 
20
    this subsection (d), is a Class 2 felony and a mandatory 
21
    fine of $2,500, and 25 days of community service in a 
22
    program benefiting children shall be imposed in addition to 
23
    any other criminal or administrative sanction.  If the child 
24
    being transported suffered bodily harm, but not great 
25
    bodily harm, in a motor vehicle accident, and the violation 
26
    was the proximate cause of that injury, a mandatory fine of 
 


 






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1
    $5,000 and 25 days of community service in a program 
2
    benefiting children shall be imposed in addition to any 
3
    other criminal or administrative sanction.
4
        (3) Any person sentenced under this subsection (d) who 
5
    receives a term of probation or conditional discharge must 
6
    serve a minimum term of either 480 hours of community 
7
    service or 10 days of imprisonment as a condition of the 
8
    probation or conditional discharge in addition to any other 
9
    criminal or administrative sanction.
10
    (e) Any reference to a prior violation of subsection (a) or 
11
a similar provision includes any violation of a provision of a 
12
local ordinance or a provision of a law of another state or an 
13
offense committed on a military installation that is similar to 
14
a violation of subsection (a) of this Section.
15
    (f) The imposition of a mandatory term of imprisonment or 
16
assignment of community service for a violation of this Section 
17
shall not be suspended or reduced by the court.
18
    (g) Any penalty imposed for driving with a license that has 
19
been revoked for a previous violation of subsection (a) of this 
20
Section shall be in addition to the penalty imposed for any 
21
subsequent violation of subsection (a).
22
    (h) For any prosecution under this Section, a certified 
23
copy of the driving abstract of the defendant shall be admitted 
24
as proof of any prior conviction.
in subsection (m) of this 
25
Section

26
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, 
 


 






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1
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, 
2
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; 
3
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 
4
revised 11-28-07.)
 
5
    Section 95. No acceleration or delay. Where this Act makes 
6
changes in a statute that is represented in this Act by text 
7
that is not yet or no longer in effect (for example, a Section 
8
represented by multiple versions), the use of that text does 
9
not accelerate or delay the taking effect of (i) the changes 
10
made by this Act or (ii) provisions derived from any other 
11
Public Act.
 

12
    Section 99. Effective date. This Act takes effect upon 
13
becoming law.