(A) A person shall not drive or be in actual physical control of any vehicle within this state while:
(1) The alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in 625 ILCS 5/11-501.2;
(2) Under the influence of alcohol;
(3) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely driving;
(4) Under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) Under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) There is any amount of a drug, substance or compound in the person’s breath, blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (720 ILCS 550/1 et seq.), a controlled substance listed in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.) or an intoxicating compound listed in the Use of Intoxicating Compounds Act (720 ILCS 690/0.01 et seq.).
(B) The fact that any person charged with violating this section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, 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 conviction of violating this section or a similar provision of a law of another state or 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 100 hours of community service as may be determined by the court. Every person convicted of violating this section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of $500 and a mandatory five days of community service in a program benefitting children if the person committed a violation of division (A) or a similar provision of a local ordinance while transporting a person under age 16. Every person convicted a second time for violating this section or a similar provision of a local ordinance within five years of a previous violation of this section or a similar provision of a law of another state or local ordinance shall be subject to a mandatory minimum fine of $500 and ten days of mandatory community service in a program benefitting children if the current offense was committed while transporting a person under age 16. The imprisonment or assignment under this division (C) shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.
(D) Whoever violates division (A) of this section while driving or being in actual physical control of any school bus, as defined under 625 ILCS 5/1-182, and while the bus is occupied by school children shall be guilty of a felony and shall be punished under appropriate state law.
(E) Whoever violates division (A) of this section while involved in a motor vehicle accident which results in great bodily harm, permanent disability or disfigurement to another, when the violation is a proximate cause of such injuries to another shall be guilty of a felony and shall be punished under appropriate state law.
(F) After a finding of guilt and prior to any final sentencing for an offense based upon an arrest for a violation of this section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol or other drug abuse problem exists and the extent of such a problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Alcoholism and Substance Abuse. The cost of any such professional evaluation shall be paid for by the individual required to undergo the professional evaluation.
(G) The Secretary of State shall revoke the driving privileges of any person convicted under this section or a similar provision of a local ordinance.
(H) Pursuant to the provisions of 730 ILCS 5/5-5-3, in addition to any other fine or penalty required or imposed by law, any individual convicted of a violation of the Illinois Vehicle Code, 625 ILCS 5/11-501, whose operation of a motor vehicle while in violation of said § 11-501 proximately caused an incident resulting in an appropriate emergency response by the village shall be required to make restitution to the village for the costs of that emergency response. Such restitution shall not exceed $500 for each such emergency response, and the amount of such restitution shall be determined in accordance with a resolution setting forth such costs approved by the village (as amended from time to time). For purposes of this section, EMERGENCY RESPONSE shall mean any incident requiring a response by a police officer, a firefighter carried on the rolls of the regular Fire Department, and an ambulance.
(I) In addition to any other penalties and liabilities, a person who is found guilty or pleads guilty of violating this section, including any person placed on court supervision for violating this section, shall be fined $100, payable to the Circuit Clerk, who shall distribute the money to the law enforcement agency that made the arrest. If the person has been previously convicted of violating this section or a similar provision of a local ordinance, the fine shall be $200. In the event that more than one agency is responsible for the arrest, the $100 or $200 shall be shared equally. Any monies received by a law enforcement agency under this division (I) shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the state. This shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
(2000 Code, § 71.01) (Ord. 817, passed 3-5-1973; Ord. 1456, passed 12-3-1990) Penalty, see § 71.99
Statutory reference:
Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, see 625 ILCS 5/11-501