A. Driving Under The Influence Prohibited, Penalty:
1. A person shall not drive or be in actual physical control of any vehicle within the city while: (1970 Code §4-1.14, as amended)
a. The alcohol concentration in such person's blood or breath is eight-hundredths (0.08) or more based on the definition of blood and breath units in 625 Illinois Compiled Statutes 5/11-501.2; (Ord. 99-44-0, 10-27-1999)
b. Under the influence of alcohol;
c. Under the influence of any other drug or combination of drugs to a degree which renders such person incapable of safely driving; or
d. Under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely driving.
2. The fact that any person charged with violating this section is or has been legally entitled to use alcohol, or other drugs, or any combination of both, shall not constitute a defense against any charge of violating this section. (1970 Code §4-1.14, as amended)
3. Every person convicted of violating this section shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00), and, in addition, may be sentenced to any other term of imprisonment for less than one year. In addition to any other criminal or administrative action, for any second or subsequent conviction of violations of this section or of 625 Illinois Compiled Statutes 5/11-501 of the Illinois vehicle code, within five (5) years of a previous violation of this section or said section 5/11-501, every such person shall be mandatorily sentenced to a minimum of forty eight (48) consecutive hours of imprisonment or assigned to a minimum of one hundred (100) hours of community service as may be determined by the court. The imprisonment or assignment shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. The secretary of state shall revoke the driving privileges of any person convicted under this section. (Ord. 99-44-0, 10-27-1999)
B. Suspension Of Driver's License, Implied Consent:
1. Any person who drives or is in actual physical control of a motor vehicle upon the public highways of the city shall be deemed to have given consent, subject to the provisions of subsection C of this section, to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, or combination thereof content of such person's blood if arrested, as evidenced by the issuance of a uniform traffic ticket, for any offense as defined in subsection A of this section. The test or tests shall be administered at the direction of the arresting officer. The police department shall designate which of the aforesaid tests shall be administered by its enforcement personnel.
2. Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection B1 of this section and the test or tests may be administered, subject to the provisions of subsection C of this section. In cases where any such evidence was obtained from a person who was deceased at the time such evidence was obtained, such evidence shall not be inadmissible in a civil proceeding solely for lack of consent.
3. A person requested to submit to a test, as provided above, shall be warned by the police officer requesting the test that a refusal to submit to the test will result in suspension of such person's license to operate a motor vehicle for six (6) months for the first such arrest and refusal and a suspension of such privilege for twelve (12) months for the second and each subsequent such arrest and refusal within five (5) 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 police department as provided in subsection B1 of this section, none shall be given, but the police officer shall file with the clerk of the circuit court of Cook County, a sworn statement naming the person refusing to take and complete the test or test requested under the provisions of this section. Such sworn statement shall identify the arrested person, such person's driver's license number and current residence address and shall specify that a refusal by said person to take the test or tests was made. Such sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within the city while under the influence of alcohol, other drugs or combination thereof and that such test or tests were made as an incident to and following the lawful arrest for an offense as defined in subsection A of this section, 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 police officer.
4. Thereafter, the clerk of the circuit court and the secretary of state shall take such actions as are required by 625 Illinois Compiled Statutes 5/11-501.1 of the Illinois vehicle code for the suspension of the driver's license or driving privilege of the arrested person. (1970 Code §4-1.14-1)
C. Chemical And Other Tests: Pursuant to Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/11-501.2 thereof, providing for chemical and other tests, and the uses thereof in court proceedings arising out of arrests for offenses defined in subsection A of this section, is hereby adopted in its entirety, by reference, as this subsection C. (1970 Code §4-1.14.2)
D. Conflict With State Law: To the extent that any of the provisions of this section conflict with provisions of 625 Illinois Compiled Statutes 5/11-501 through 5/11-501.2 of the Illinois vehicle code, provisions of the former shall prevail. (1970 Code §4-1.14-3)