(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, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in § 76.22.
(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 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 and any other drug or drugs to a degree that renders the person incapable of safely driving;
(6) There is any amount of a drug, substance, or compound in the person’s breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the state Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or
(7) The person has, within two hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person’s whole blood or other bodily substance as defined in 625 ILCS 5/11-501.2(a)(6). Subject to all other requirements and provisions under this section, this division does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
(B) The fact that any person charged with violating this section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or other drugs, or intoxicating compound or compounds, or any combination of both, shall not constitute a defense against any charge of violating this section.
(C) (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) of this section 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) of this section is subject to six months of imprisonment, an additional mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting 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) of this section 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 under state law, shall be subject, 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 fine of $500.
(5) A person who violates division (A) of this section a second time, if at the time of the second violation the alcohol concentration in his blood, breath or urine was 0.16 or more based on the definition of blood, breath or urine units under state law, 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 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 720 ILCS 5/9-3 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide, in which the person was determined to have been under the influence of alcohol, any other drug or drugs, intoxicating compound or compounds as an element of the offense or the person has previously been convicted under this section.
(e) The person, in committing a 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 625 ILCS 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) of this section was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation was a proximate cause of the death.
(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 violation of division (A) of this section 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.
(k) The person in committing a second violation of division (A) of this section or a similar provision was transporting a child 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, 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 under state law, a mandatory minimum of 90 days imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third 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 benefiting 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 the defendant's blood, breath or urine was 0.16 or more based on the definition of blood, breath or urine units under state law, 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 benefiting 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 the defendant's blood, breath or urine was 0.16 or more based on the definition of blood, breath or urine units under state law, 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 benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(e) A sixth violation of this section or a similar provision is a Class X felony. If at the time of the violation the alcohol concentration in the defendant's blood, breath or urine was 0.16 or more based on the definition of blood, breath or urine units under state law, a 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 benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(f) For a violation of division (D)(1)(c), 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) 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 or two or more persons.
(h) For a violation of division (D)(1)(j) of this section, a mandatory fine of $2,500 and 25 days of community service in a program benefiting children may be imposed in addition to any other criminal or administration sanction.
(i) A violation of division (D)(1)(k) of this section is a Class 2 felony and a mandatory fine of $2,500 and 25 days of community service in a program benefiting 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 benefiting 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 probation or conditional discharge must serve a minimum term of either 480 hours of community service or ten days 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) or a similar provision includes any violation of a provision of a local ordinance ro a provision of 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 in addition to the penalty imposed for any subsequent violation of division (A) of this section.
(H) For any prosecution under this section, a certified copy of the driving abstract of the defendant of the defendant shall be admitted as proof of any prior conviction.
(625 ILCS 5/11-501) (Am. Ord. 97-11, passed 8-4-97)