(A) Any person who drives or is in actual physical control of a motor vehicle upon the public streets of this village shall be deemed to have given consent, subject to the provisions of all divisions set forth in § 73.10, to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, or combination thereof, content of the person's blood, if released as evidenced by the issuance of a uniform traffic ticket for any offense as defined in § 73.10. The test or tests shall be administered at the direction of the arresting officer. The Police Chief shall designate which of the aforesaid tests shall be administered by the Village Police Department officers.
(1) Any person who is dead, unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn the consent provided by division (A) above and the test or tests may be administered subject to the provisions of division (C) below.
(2) A person requested to submit to a test as provided above shall be warned by the police officer requesting the test that a refusal to submit to the test will result in suspension of the person's license to operate a motor vehicle for six months for the first such arrest and refusal, and a suspension of the privilege for 12 months for the second and each such arrest and refusal within the last five years. Following this warning, if a person under arrest refuses upon the request of the police officer to submit to a test designated by the Police Department as provided in division (A) above, none shall be given, but the police officer shall file with the Clerk of the Circuit Court of Will County, a sworn statement naming the person refusing to take and complete the test or tests requested under the provisions of this section. The sworn statement shall identify the arrested person's drivers license number and current residence address and shall specify that a refusal by the person to take the test or tests was made. The sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within the village while under the influence of alcohol, other drug, or combination thereof or that test or tests were made as an incident to and following the lawful arrest for an offense as defined in § 73.10, and that the person after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of the motor vehicle refused to submit to and complete a test or tests as requested by the police officer.
(B) If a person under arrest refuses to submit to a chemical test under the provision of division (A) above, evidence of refusal shall be admissible at trial arising out of acts alleged to have been committed while the person under the influence of alcohol or other drugs or combination of both was driving or in actual physical control of a motor vehicle.
(C) When a person shall submit to a blood test at the request of a police officer under the provisions of division (A) above, only a physician authorized to practice medicine, a registered nurse, or other qualified person approved by the Department of Public Health may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens.
(D) Upon the request of the person who submitted to a chemical test or tests at the request of a police officer, full information concerning the test or tests shall be made available to the person or the person's attorney.
(E) A person convicted of violating this section shall be fined not less than $100 nor more than $500, and on a second or subsequent conviction for an offense committed within five years after the commission of the first offense, shall be fined not less than $250 nor more than $500.
(Ord. 816, passed 1-20-82)
Statutory reference:
For state law concerning implied consent, see ILCS Ch. 625, Act 5, § 11-501.1