(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 § 71.37.
(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; or
(6) There is any amount of a drug, substance, or compound in the person’s blood, other bodily substance or urine resulting from the unlawful use or consumption of a controlled substance listed in the state Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq., or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, ILCS Ch. 720, Act 646, §§ 1 et seq.
(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 ILCS Ch. 625, Act 5, § 501.2(a)(6). Subject to all other requirements and provisions under this section, this division (A)(7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act, ILCS Ch. 410, Act 130, §§ 1 et seq., who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
(B) (1) 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, ILCS Ch. 410, Act 130, §§1 et seq., 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.
(2) With regard to penalties imposed under this section:
(a) Any reference to a prior violation of division (A) of this section or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state that is similar to a violation of division (A).
(b) 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).
(3) Except as otherwise provided in this section, any person convicted of violating division (A) of this section is guilty of a Class A misdemeanor.
(4) In addition to any other criminal or administrative sanction for any second conviction of violating division (A) of this section or a similar provision committed within five years of a previous violation of division (A) or a similar provision, the defendant shall be sentenced to a mandatory minimum of five days imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.
(5) In the case of a third or subsequent violation committed within five years of a previous violation of division (A) of this section or a similar provision, the defendant is guilty of a Class 2 felony; and in addition to any other criminal or administrative sanction, a mandatory minimum term of either ten days of imprisonment or 480 hours of community service shall be imposed.
(6) The imprisonment or assignment of community service under divisions (B)(4) and (5) shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.
(C) A person who violates this section during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for a violation of this section or of ILCS Ch. 625, Act 5, § 11-501.1 is guilty of a Class 4 felony.
(D) (1) Every person convicted of committing a violation of this section shall be guilty of aggravated driving under the influence of alcohol or drugs or a combination of both if:
(a) The person committed a violation of division (A) of this section, or a similar provision, for the third or subsequent time;
(b) The person committed a violation of division (A) of this section while driving a school bus with one or more passengers on board;
(c) The person in committing a violation of division (A) of this section 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) of this section and has been previously convicted of violating ILCS Ch. 720, Act 5, § 9-3, the Criminal Code of 2012 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 or any other drug or drugs as an element of the offense or the person has previously been convicted under division (D)(1)(c) or (e) of this section;
(e) The person, in committing a violation of division (A) of this section 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; or
(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 of division (A) was a proximate cause of death.
(g) 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; or
(h) 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.
(2) Except as provided in this subdivision (2), and in ILCS Ch. 625, Act 5, § 11-501(c-1) paragraphs (3) and (4), 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. For a violation of division (D)(1)(c) of this section, the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one nor more than 12 years. Except as provided in ILCS Ch. 625, Act 5, § 11-501(c) paragraph (4), aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compounds or compounds, or any combination thereof as defined in division (D)(1) of this section is a Class 2 felony. Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, as defined indivision (D)(1)(e), is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to:
(a) 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
(b) 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.
(3) For any prosecution under division (D), a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. 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 of imprisonment as a condition of the probation or conditional discharge. This mandatory minimum term of imprisonment or assignment of community service may not be suspended or reduced by the court.
(E) (1) 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 local or state law, 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, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the state Department of Alcoholism and Substance Abuse. The cost of any professional evaluation shall be paid for by the individual required to undergo the pretrial evaluation.
(2) Any person who is found guilty of or pleads guilty to violating this section, including any person receiving a disposition of court supervision for violating this section, may be required by the court to attend a victim impact panel offered by, or under contract with, a County States Attorney’s Office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.
(F) 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 in division (I) of this section.
(G) The Secretary of State shall revoke the driving privileges of any person convicted under this section or a similar provision of local or state law.
(H) Whenever an individual is sentenced for an offense based upon an arrest for a violation of division (A) of this section or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of the state, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards.
(I) In addition to any other fine or penalty required by law, an individual convicted of a violation of the Snowmobile Registration and Safety Act, ILCS Ch. 625, Act 40, § 5-7, or the Boat Registration and Safety Act, ILCS Ch. 625, Act 45, § 5-16, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of ILCS Ch. 625, Act 40, § 5-7 or ILCS Ch. 625, Act 45, § 5-16, or a similar provision, proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. The restitution may not exceed $1,000 per public agency for each emergency response. As used in this division (I),
EMERGENCY RESPONSE
means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance.
(ILCS Ch. 625, Act 5, § 11-501)