(a) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this Village shall be deemed to have given consent, subject to the provisions of Section 22-19.2 of this Article, 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 625 Illinois Compiled Statutes 5/11-501 or a similar provision of the Municipal Code of the Village. The test or tests shall be administered at the direction of the arresting officer. The Chief of Police of the Police Department shall designate which of the aforesaid tests shall be administered by their enforcement personnel. A urine test may be administered even after a blood or breath test or both has been administered. For purposes of this Section, an Illinois law enforcement officer of this State who is investigating the person for any offenses defined in Section 22-19 may travel into an adjoining state, where the person has been transported for medical care, to complete an investigation and to request that the person submit to the test or tests set forth in this Section. The requirements of this Section that the person be arrested are inapplicable, but the officer shall issue the person a uniform traffic ticket for an offense as defined in Section 22-19 prior to requesting that the person submit to the test or tests. The issuance of the uniform traffic ticket shall not constitute an arrest, but shall be for the purpose of notifying the person that he or she is subject to the provisions of this Section and of the officer's belief of the existence of a probable cause to arrest. Upon returning to this State, the officer shall file the uniform traffic ticket with the circuit clerk of the county where the offense was committed, and shall seek the issuance of an arrest warrant or a summons for the person.
(b) 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unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section and the test or tests may be administered subject to the provisions of Section 22-19.2.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in statutory summary suspension of the person's privilege to operate a motor vehicle as provided in 625 Illinois Compiled Statutes 5/6-208.1. The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in subsection (a) of this Section and the alcohol concentration in the person's blood or breath is 0.10 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act 1 or a controlled substance listed in the Illinois Controlled Substances Act 2 is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in 625 Illinois Compiled Statutes 5/6-208.1 and this Section, will be imposed.
(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.10 or more, or any amount of a drug, substance or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act 3 or a controlled substance listed in the Illinois Controlled Substances Act 4 , the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under subsection (a) of this Section and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.10 or more.
(e) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (d) above, the Secretary of State shall enter the statutory summary suspension for the periods specified in 625 Illinois Compiled Statutes 5/6-208.1, and effective as provided in subsection (g) of this Section.
If the person is a first offender as defined in Section 22-19.4 of this Code, and is not convicted of a violation of Section 22-19 of this Code, then reports received by the Secretary of State under this Section shall, except during the actual time the statutory summary suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities or the Secretary of State.
(f) The law enforcement officer submitting the sworn report under subsection (d) of this Section shall serve immediate notice of the statutory summary suspension on the person and the suspension shall be effective as provided in subsection (g) of this Section. In cases where the blood alcohol concentration of 0.10 or greater or any amount of a drug, substance or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his address as shown on the uniform traffic ticket and the statutory summary suspension shall begin as provided in subsection (g) of this Section. The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in subsection (g) of this Section. The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in subsection (d) of this Section.
(g) The statutory summary suspension referred to in this Section shall take effect on the forty sixth day following the date the notice of the statutory summary suspension was given to the person.
(h) The following procedure shall apply whenever a person is arrested for any offense as defined in Section 22-19.
Upon receipt of the sworn report from the law enforcement officer, the Secretary of State shall confirm the statutory summary suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. However, should the sworn report be defective by not containing sufficient information or be completed in error, the confirmation of the statutory summary suspension shall not be mailed to the person or entered to the record, instead the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying any defect. (Ord. 0-82-01, 1-4-82; amd. Ord. 0-94-01, 1-3-94)
Notes
| 1 | 4. State law reference: As to Cannabis Control Act, see S.H.A. 720 ILCS 550/1 et seq. |
| 2 | 5. |
| 3 | 6. State law reference: As to Cannabis Control Act, see S.H.A. 720 ILCS 550/1 et seq. |
| 4 | 7. |