A. Vehicle Operation Prohibited: 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 ten-hundredths (0.10) or more based on the definition of blood and breath units in 625 Illinois Compiled Statutes 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 that renders the person incapable of safely driving;
4. Under the combined influence of alcohol and any other drug or drugs to a degree that renders the person incapable of safely driving; or
B. Entitlement To Use Not A Defense: 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. Violation A Misdemeanor:
1. Except as provided under subsection D of this section, every person convicted of violating this section or 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 similar provision of a local ordinance committed within five (5) years of a previous violation of this section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of forty eight (48) consecutive hours of imprisonment or assigned to a minimum of one hundred (100) hours of community service as may be determined by the court.
2. Every person convicted of violating this section or similar provision of a local ordinance shall be subject to a mandatory minimum fine of five hundred dollars ($500.00) and a mandatory five (5) days of community service in a program benefiting children if the person committed a violation of subsection A of this section or a similar provision of a local ordinance while transporting a person sixteen (16) years of age or younger.
3. Every person convicted a second time for violating this section or similar provisions of a local ordinance within five (5) years of a previous violation of this section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of five hundred dollars ($500.00) and ten (10) 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.
4. The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.
D. Professional Evaluation: 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 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 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.
E. Emergency Response; Liability For Expense: Every person found guilty of violating this section, whose operation of a motor vehicle while in violation of this section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided under section 5-5-3 of the Unified Code of Corrections 3 .
F. Revocation Of Driving Privileges: The Secretary of State shall revoke the driving privileges of any person convicted under this section or of a similar provision of a local ordinance. (Ord. 859, 4-12-1995)
G. Repeat Offenders Made Accountable: Every person who is sentenced for committing a third or subsequent violation of this section and who receives a term of probation or conditional discharge shall be required to serve a minimum term of either thirty (30) days' community service or, beginning July 1, 1993, forty eight (48) consecutive hours of imprisonment as a condition of the probation or conditional discharge. This mandatory minimum term of imprisonment or assignment of community service shall not be suspended and shall not be subject to reduction by the court. (Ord. 859, 4-12-1995; amd. 1999 Code)
Notes
| 1 | 1. 720 ILCS 550/1 et seq. |
| 2 | 2. 720 ILCS 570/100 et seq. |
| 3 | 1. 730 ILCS 5/5-5-3. |