(a) Except as provided under subsection (b) of this Section, every person who is convicted of a violation of Section 22-19 shall be guilty of a Class A misdemeanor as provided in chapter 720 of the Illinois Compiled Statutes, and, in addition to any other criminal or administrative action, for any second conviction of violating Section 22-19 committed within five (5) years of a previous violation of Section 22-19 shall be mandatorily sentenced to a minimum of forty eight (48) consecutive hours of imprisonment or assigned to a minimum of one hundred (100) days of community service as may be determined by the court. Every person convicted of violating Section 22-19 shall be subject to an additional mandatory minimum fine of five hundred dollars ($500.00) and an additional mandatory five (5) days of community service in a program benefiting children if the person committed a violation of subsection 22-19(a) while transporting a person sixteen (16) years of age or younger. Every person convicted a second time for violating Section 22-19 within five (5) years of a previous violation of that Section 22-19 shall be subject to an additional mandatory minimum fine of five hundred dollars ($500.00) and an additional ten days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person sixteen (16) years of age or younger. The imprisonment or assignment under this Section shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.
(b) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of Section 22-19, individuals shall be required to undergo a professional evaluation to determine if an alcohol or other drug abuse problem exists and the extent of the problem. Programs conducting these evaluations shall be licensed by the Department of Alcoholism and Substance Abuse. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation.
(c) Every person found guilty of violating Section 22-19, whose operation of a motor vehicle while in violation of Section 22-19 proximately caused an incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in 730 Illinois Compiled Statutes 5/5-5-3.
(d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 22-19. (Ord. 0-94-01, 1-3-94)