(a) A person shall not drive or be in actual physical control of any vehicle within this state while:
(1) The alcohol concentration in such person's blood or breath is 0.10 or more based on the definition of blood and breath units in the Illinois Vehicle Code, 625 ILCS 5/11-501.2;
(2) Under the influence of alcohol;
(3) Under the influence of any other drug or combination of drugs to a degree which renders such person incapable of safely driving; or
(4) Under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely driving.
(b) 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.
(c) Every person convicted of violating this section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second or subsequent conviction of violating this section or a similar provision of a local ordinance committed within five years of a previous violation of this section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of ten days 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.
(d) The Secretary of State shall revoke the driving privileges of any person convicted under this section or a similar provision of a local ordinance. Amended by P.S. 82-783, Art. III, § 37, eff. July 13, 1982; P.A. 83-204, § 2, eff. Jan. 1, 1984.
Cross-reference:
As to alcoholic beverages, see ch. 4
As to procedure when taxicab driver is guilty of drunk driving, etc., see § 32-17
Statutory reference:
For state law as to driving under the influence of intoxicating liquor or narcotic drugs, see Ill. Rev. Stat., ch. 95 ½, § 11-501