(A) A person shall not drive or be in actual physical control of any vehicle within this village while:
(1) The alcohol concentration in such person’s blood or breath is 0.10 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 any other drug or combination of drugs to a degree which renders such person incapable of safely driving;
(4) Under the combined influence of alcohol and any other drug or drugs to a degree which renders such person incapable of safely driving;
(5) There is any amount of drug, substance or compound in such person’s blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, (ILCS Ch. 720, Act 550, §§ 1 et seq.), or a controlled substance listed in the Illinois Controlled Substances Act, (ILCS Ch. 720, Act 570, §§ 100 et seq.).
(B) The fact that any person charged with violating this section is or has been legally entitled to use alcohol, or other drugs, or any combination of both, shall not constitute a defense under any charge of violating this section.
(C) Except as provided under ILCS Ch. 625, Act 5, § 11-501(d), every person convicted of violating this section or a similar provision of the Illinois Compiled Statutes, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this section or a similar provision of the Illinois Compiled Statutes committed within five years of a previous violation of this section or a similar provision of the Illinois Compiled Statutes shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment within the Lake County jail, or, be assigned to a minimum of ten days of community service as may be determined by the court. The imprisonment or assignment shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.
(D) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon arrest for violation of this section or a similar provision of the Illinois Compiled Statutes, individuals shall be required to undergo a professional evaluation to determine if any alcohol or other drug abuse problem exists and the extent of such a problem. Programs conducting these evaluations shall be licensed by the Department of Alcoholism and Substance Abuse. The cost of any such professional evaluation shall be paid for by the individual required to undergo such professional evaluation.
(E) Every person found guilty of violating this section or similar provision of the Illinois Compiled Statutes, whose operation of a vehicle while in violation of this section or a similar provision of the Illinois Compiled Statutes, proximately caused any incident resulting in an appropriate emergency response, shall be allowable for the expense of an emergency response as provided under ILCS Ch. 730, Act 5, § 5-5-3.
(F) The Secretary of State shall revoke the driving privileges of any person convicted under this section or a similar provision of the Illinois Compiled Statutes.
(Am. Ord. 1992-O-14, passed 6-16-92)