Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

625 ILCS 40/5-7.5

(625 ILCS 40/5-7.5)

Sec. 5-7.5.

Preliminary breath screening test.

If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-7 or a similar
provision of a local ordinance, the officer, before an arrest, may request the
person to provide a sample of his or her breath for a preliminary breath
screening test using a portable device approved by the Department of State
Police.  The results of this preliminary breath screening test may be used by
the law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test, as authorized under Sections 5-7.1
and 5-7.2 and the appropriate type of test to request.  Any chemical test
authorized under Sections 5-7.1 and 5-7.2 may be requested by the officer
regardless of the result of the preliminary breath screening test if probable
cause for an arrest exists.  The result of a preliminary breath screening test
may be used by the defendant as evidence in an administrative or court
proceeding involving a violation of Section 5-7.

(Source: P.A. 93-156, eff. 1-1-04.)