(A) Any person who drives or is in actual control of a motor vehicle upon the public highways of the city shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol or other drug content of such person's blood if there is probable cause to believe that such person was the driver at fault, in whole or in part, for a motor vehicle accident which resulted in the death or personal injury of any person. This section shall not apply to those persons arrested for a violation of § 76.20 or a similar violation of a local ordinance, in which case the provisions of § 76.21 shall apply. Compliance with this section does not relieve such person from the requirements of § 76.21.
(B) Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by division (A) above. In addition, if a driver of a vehicle is receiving medical treatment as a result of a motor vehicle accident, any physician licensed to practice medicine, registered nurse of a phlebotomist, acting under the direction of a licensed physician shall withdrawal blood for testing purposes to ascertain the presence of alcohol or other drugs, upon the specific request of a law enforcement officer. However, no such testing shall be performed until, in the opinion of the medical personnel on the scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
(C) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, as detected in such person's blood, breath or urine, may result in the suspension of such person's privileges to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided under state law, if the person is a CDL holder. The length of the suspension shall be the same as outlined under state law regarding statutory summary suspensions.
(D) (1) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form provided by the Secretary, certifying that the tests or tests were requested pursuant to division (A) above and the person refused to submit to a test or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance or intoxicating compound in such person's blood or urine, resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(2) Upon receipt of the sworn report of a law enforcement officer, the Secretary shall enter the suspension and disqualification on the individual's driving record and the suspension and disqualification shall be effective on the 46th day following the date notice of the suspension was given to the person.
(3) The law enforcement officer submitting the sworn report shall serve immediate notice of the suspension on the person and such suspension and disqualification shall be effective on the 46th day following the date notice was given.
(4) In cases where the blood alcohol concentration of more than 0.08 or more, or any amount fo a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Production Act is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this section or by deposit in the United States mail of that notice in an envelope with postage prepaid and addressed to such person at his address as shown on the Uniform Traffic Ticket and the suspension and disqualification shall be effective on the 46th a following the date notice was given.
(5) Upon receipt of the sworn report of a law enforcement officer, the Secretary shall also give notice of the suspension and disqualification to the driver by mailing a notice of the effective date of the suspension and disqualification to the individual. However should the sworn report be defective by not containing sufficient information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record, but rather the sworn report shall be returned to the issuing law enforcement agency.
(E) A driver may contest this suspension of his or her driving privileges and disqualification of his or her CDL privileges by requesting an administrative hearing with the Secretary in accordance with 625 ILCS 5/2-118. At the conclusion of a hearing the Secretary may rescind, continue or modify the orders of suspension and disqualification. If the Secretary does not rescind the orders of suspension and disqualification, a restricted driving permit may be granted by the Secretary upon application being made and good cause shown. A restricted driving permit may be granted to relieve undue hardship to allow driving for employment, educational and medical purposes as outlined under 625 ILCS 5/6-206, the provisions of which shall apply. In accordance with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled or disqualified.
(F) For purposes of this section, a personnel injury shall include any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury shall include severely bleeding wounds, distorted extremities and injuries that require the injured party to be carried from the scene.
(Am. Ord. 97-11, passed 8-4-97)
Statutory reference:
For similar provisions under state law, see 625 ILCS 5/11-501.6