(A) Operation or physical control under influence.
(1) No person shall drive or be in actual physical control of any vehicle on a street, highway, shopping center, parking lot or other public or semipublic area of the city while:
(a) The alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in division (C) hereof;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or combination of drugs to a degree which renders the person incapable of safely driving; or
(d) Under the combined influence of alcohol and any other drug or drugs to a degree which renders the person incapable of safely driving.
(2) The fact that any person charged with a violation of this division is or has been legally entitled to use alcohol or any other drug, or any combination of both, shall not constitute a defense against the charge.
(3) The driving privileges of any person convicted under this division shall be subject to revocation by the Secretary of State in the same manner and to the same extent as provided in ILCS Ch. 625, Act 5, §§ 11-501 and 6-205.
(B) Suspension of driver’s license; implied consent.
(1) Any person who drives or is in actual physical control of a motor vehicle upon a street, highway, shopping center, parking lot or other public or semipublic area of the city shall be deemed to have given consent, subject to division (C) hereof, to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, other drugs, or a combination thereof, in the person’s blood, if arrested, as evidenced by the issuance of a uniform traffic ticket, for a violation of division (A) hereof. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which test shall be administered by their enforcement personnel.
(2) Any person who is dead, unconscious or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by division (B)(1) hereof and the test or tests may be administered, subject to division (C) hereof.
(3) (a) A person who is requested to submit to a test as provided in division (B)(1) hereof shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in the suspension of the person’s license to operate a motor vehicle for six months for the first such arrest and refusal and a suspension of the privilege for 12 months for the second and each subsequent arrest and refusal within five years. Following this warning, if a person under arrest refuses, upon the request of a law enforcement officer, to submit to a test designated by the law enforcement agency, as provided in division (B)(1) hereof, none shall be given, but the law enforcement officer shall file, with the Clerk of the Circuit Court of the County, a sworn statement naming the person refusing to take and complete the test or tests requested under this division. The sworn statement shall identify the arrested person, shall contain the person’s driver’s license number and current residence address and shall specify that a refusal by the person to take the test or tests was made. The sworn statement shall include a statement that the arresting officer has reasonable cause to believe that the person was driving the motor vehicle within the city while under the influence of alcohol or any other drug, or a combination thereof, that the test or tests were made as an incident to and following the lawful arrest for a violation of division (A) hereof and that the person, after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of a motor vehicle, refused to submit to and complete a test or tests as requested by the law enforcement officer.
(b) The Clerk shall thereupon notify the person, in writing, that the person’s privilege to operate a motor vehicle will be suspended unless, within 28 days from the date of mailing of the notice, the person requests, in writing, a hearing thereon. If the person desires a hearing, he or she shall file a complaint in the Circuit Court of the county. The hearing shall proceed in the Court in the same manner as other civil proceedings and shall cover only the issues of whether or not the person was placed under arrest for a violation of division (A) hereof, as evidenced by the issuance of a uniform traffic ticket; whether or not the arresting officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or any other drug, or a combination thereof; and whether or not the person refused to submit and complete the test or tests upon the request of the law enforcement officer. Whether or not the person was informed that his or her privilege to drive would be suspended if he or she refused to submit to the test or tests shall not be an issue. Immediately upon the termination of the Court proceedings, the Clerk shall notify the Secretary of State of the Court’s decision. The driver’s license, the privilege of driving a motor vehicle on highways of the state given to a nonresident, or the privilege which an unlicensed person might have to obtain a license under the Driver’s License Act, of the arrested person, shall be subject to suspension by the Secretary of State in the same manner and to the same extent as provided in ILCS Ch. 625, Act 5, § 11-501.1 if that is the decision of the Court. If the Court recommends that the person be given a restricted driving permit to prevent undue hardship, the Clerk shall so report to the Secretary of State.
(4) Regardless of whether or not the person files a complaint in the Court for a Court proceeding as provided in division (B)(3) hereof, whenever a driver’s license is suspended under this division, the Secretary of State may, if application is made therefor by the person whose license is so suspended, issue the person a restricted driver’s permit to prevent undue hardship, in the same manner, under the same conditions and with the same limitations specified in ILCS Ch. 625, Act 5, § 6-205. If the person has had a Court hearing, and if the Court recommended that the person be given a restricted driver’s permit to prevent undue hardship, this recommendation shall be made a part of the hearing before the Secretary of State.
(C) Tests.
(1) Upon the trial of any civil or criminal action or proceeding arising out of an arrest for a violation of division (A) hereof, evidence of the concentration of alcohol or any other drug, or a combination thereof, in a person’s blood or breath at the time alleged, as determined by an analysis of the person’s blood, urine, breath or other bodily substance, shall be admissible. Where the test is made, the following provisions shall apply:
(a) Chemical analyses of the person’s blood, urine, breath or other bodily substance to be considered valid under this division, shall have been performed according to standards promulgated by the State Department of Public Health in consultation with the State Department of Law Enforcement by an individual possessing a valid permit issued by the State Department of Public Health for that purpose. The Director of the State Department of Public Health, in consultation with the State Department of Law Enforcement, is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct the analyses, to issue permits which shall be subject to termination or revocation at the discretion of the State Department of Public Health and to certify the accuracy of breath testing equipment. All regulations of the State Department of Public Health that are now or hereafter prescribed as necessary to implement ILCS Ch. 625, Act 5, § 11-501.2 shall be considered regulations applicable to this division;
(b) When a person submits to a blood test at the request of a law enforcement officer, under division (B) hereof, only a physician authorized to practice medicine, a registered nurse or any other qualified person approved by the State Department of Public Health may withdraw blood for the purpose of determining the alcohol, drug or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens;
(c) The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer;
(d) Upon the request of the person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or to his or her attorney; and
(e) As used in this division,
ALCOHOL CONCENTRATION means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(2) (a) Upon the trial of any civil or criminal proceeding arising out of an act alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person’s blood or breath at the time alleged, as shown by an analysis of the person’s blood, urine, breath or other bodily substance, shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol;
2. If there was at that time an alcohol concentration in excess of 0.05, but less than 0.08, the facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining whether or not the person was under the influence of alcohol; and
3. If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.
(b) This division (C)(2) shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question of whether or not the person was under the influence of alcohol.
(3) If a person under arrest refuses to submit to a chemical test under division (B) hereof, evidence of the refusal shall be admissible in any civil or criminal action or proceeding arising out of an act alleged to have been committed while the person under the influence of alcohol or any other drug, or a combination thereof, was driving or in actual physical control of a motor vehicle.
(Ord. 84-27, passed 10-12-1984)
Statutory reference:
Similar provisions, see ILCS Ch. 625, Act 5, §§ 11-501 and 11-501.2