A. Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this city shall be deemed to have given consent, subject to the provisions of Section 10.24.012, 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 Section 10.24.010. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing said officer shall designate which of the aforesaid tests shall be administered by their enforcement personnel.
B. Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed to not have withdrawn the consent provided by subsection (A) of this section and the test or tests may be administered, subject to the provisions of Section 10.24.012.
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 suspension of such person's license to operate a motor vehicle for six months for the first such arrest and refusal and a suspension of such privilege for twelve months for the second and each subsequent such 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 subsection (A) of this section, none shall be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the arrest was made, a sworn statement naming the person refusing to take and complete the test or tests 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 this city while under the influence of alcohol, other drug, 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 Section 10.24.010, 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.
The clerk shall thereupon notify such person in writing that the person's privilege to operate a motor vehicle will be suspended unless, within twenty-eight days from the date of mailing of the notice, such person shall request in writing a hearing thereon; if the person desires a hearing, such person shall file a complaint in the circuit court for and in the county in which such, person was arrested for such 'hearing. Such hearing shall proceed in the court in the same manner as other civil proceedings, shall cover only the issues of whether the person was placed under arrest for an offense as defined in Section 10.24.010 as evidenced by the issuance of a uniform traffic ticket; whether the arresting officer had reasonable grounds to believe that such person was driving or in actual physical control of a motor vehicle while under the influence of alcohol, other drug, or combination thereof; and whether such person refused to submit and complete the test or tests upon the request of the law enforcement officer. Whether the person was informed that such person's privilege to drive would be suspended if such person 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 Secretary of State shall thereupon suspend the driver's license, the privilege of driving a motor vehicle on highways of this 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 if that be the decision of the court. If the court recommends that such person be given a restricted driving permit to prevent undue hardship, the clerk shall so report to the Secretary of State.
D. Regardless of whether such person files a complaint in the court for a court proceeding as provided in subsection (C) of this section, whenever a driver's license is suspended under this section, the Secretary of State may, if application is made therefor by the person whose license is so suspended, issue such 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 Chapter 95½, Section 6-205 of the Illinois Revised Statutes.
If the person has had a court hearing as provided for in subsection (C) of this section and if the court recommended that such 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.
(Ord. 83-7 § 2, 1982).