(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 ILCS Ch. 625, Act 5, § 11-501.2;
(2) Under the influence of alcohol;
(3) Under the influence of intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(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 state Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.
(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) Penalties.
(1) Except as otherwise provided in this section, any person convicted of violating division (A) of this section is guilty of a Class A misdemeanor.
(2) A person who violates division (A) or a similar provision a second time shall be sentenced to a mandatory term of either five days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
(3) A person who violates division (A) is subject to six months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefitting children if the person was transporting a person under the age of 16 at the time of the violation.
(4) A person who violates division (A) a first time, if the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
(5) A person who violates division (A) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, shall be subject, in addition to any other penalty that may be imposed to a mandatory minimum of two days of imprisonment and a mandatory minimum fine of $1,250.
(D) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation of this section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(a) The person committed a violation of division (A) or a similar provision for the third or subsequent time;
(b) The person committed a violation of division (A) while driving a school bus with persons 18 years of age or younger on board;
(c) The person in committing a violation of division (A) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
(d) The person committed a violation of division (A) for a second time and has been previously convicted of violating ILCS Ch. 720, Act 5, § 9-3 or a similar provision of law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under division (D)(1)(c) or (D)(1)(f);
(e) The person, in committing the violation of division (A) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under ILCS Ch. 625, Act 5, § 11-605, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of division (A) was a proximate cause of the bodily harm;
(f) The person, in committing a violation of division (A), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of division (A) was a proximate cause of the death;
(g) The person committed a violation of division (A) during a period in which the defendant’s driving privileges are revoked or suspended, where the revocation or suspension was for a violation of ILCS Ch. 625, Act 5, § 11-501.1(a), ILCS Ch. 625, Act 5, § 11-401(b), or for reckless homicide as defined in ILCS 720, Act 5, § 9-3;
(h) The person committed the violation while he or she did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit;
(i) The person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
(j) The person in committing a second violation of division (A) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or
(k) The person in committing a second violation of division (A) or a similar provision was transporting a person under the age of 16.
(2) (a) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
(b) A third violation of this section or a similar provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(c) A fourth violation of this section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(d) A fifth violation of this section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(e) A sixth or subsequent violation of this section or similar provision in a Class X felony. If at the time of the violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in ILCS Ch. 625, Act 5, § 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(f) For a violation of division (D)(1)(c) above, the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
(g) A violation of division (D)(1)(f) above is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to:
1. A term of imprisonment of not less than three years and not more than 14 years if the violation resulted in the death of one person; or
2. A term of imprisonment of not less than six years and not more than 28 years if the violation resulted in the deaths of two or more persons.
(h) For a violation of division (D)(1)(j), a mandatory fine of $2,500 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(i) A violation of division (D)(1)(k) is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
(3) Any person sentenced under this division (D) who receives a term of probate or conditional discharge must serve a minimum of either 480 hours of community service or ten days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
(E) Any reference to a prior violation of division (A) to a similar provision includes any violation of a provision of a law of another state that is similar to a violation of division (A) of this section.
(F) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this section shall not be suspended or reduced by the court.
(G) Any penalty imposed for driving with a license that has been revoked for a previous violation of division (A) of this section shall be in addition to the penalty imposed for any subsequent violation of division (A).
(H) For any prosecution under this section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(ILCS Ch. 625, Act 5, § 11-504) Penalty, see § 70.999