| ||||
Public Act 099-0467 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-106.1a, 6-205, 6-206, 6-206.1, 6-208.1, 6-517, | ||||
11-501.1, 11-501.6, and 11-501.8 as follows:
| ||||
(625 ILCS 5/6-106.1a)
| ||||
Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||
trace of alcohol.
| ||||
(a) A person who has been issued a school bus driver permit | ||||
by the Secretary
of State in accordance with Section 6-106.1 of | ||||
this Code and who drives or is
in actual physical control of a | ||||
school bus
or any other vehicle owned or operated by or for a | ||||
public or private
school, or a school operated by a religious | ||||
institution, when the vehicle is
being used over a regularly | ||||
scheduled route for the transportation of persons
enrolled as | ||||
students in grade 12 or below, in connection with any activity | ||||
of
the entities listed, upon the public highways of this State | ||||
shall be
deemed to have given consent to a chemical test or | ||||
tests of blood, breath, or
urine for the purpose of determining | ||||
the alcohol content of the person's blood
if arrested, as | ||||
evidenced
by the issuance of a Uniform Traffic Ticket for any | ||||
violation of this
Code or a similar provision of a local |
ordinance, if a police officer
has probable cause to believe | ||
that the driver has consumed any amount of an
alcoholic | ||
beverage based upon evidence of the driver's physical condition
| ||
or other first hand knowledge of the police officer. The test | ||
or tests shall
be administered at the direction of the | ||
arresting officer. The law enforcement
agency employing the | ||
officer shall designate which of the aforesaid tests shall
be | ||
administered. A urine test may be administered even after a | ||
blood or breath
test or both has been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(1) Chemical analysis of the person's blood, urine, | ||
breath, or
other substance,
to be considered valid under | ||
the provisions of this Section, shall have been
performed | ||
according to standards promulgated by the Department of | ||
State Police by an
individual
possessing a valid permit | ||
issued by the Department of State Police for this
purpose. | ||
The
Director of State Police is authorized to approve | ||
satisfactory techniques
or
methods, to ascertain the | ||
qualifications and competence of individuals to
conduct | ||
analyses, to issue
permits that shall be subject to | ||
termination or revocation at the direction of
the | ||
Department of State Police, and to certify the
accuracy of |
breath testing
equipment. The
Department of State Police | ||
shall prescribe rules as
necessary.
| ||
(2) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a licensed physician assistant, a licensed | ||
advanced practice nurse, a registered nurse, or other | ||
qualified person
trained in venipuncture and acting under | ||
the direction of a licensed physician
may withdraw blood | ||
for the purpose of determining the alcohol content.
This | ||
limitation does not apply to the taking of breath or urine | ||
specimens.
| ||
(3) The person tested may have a physician, qualified | ||
technician, chemist,
registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The test
| ||
administered at the request of the person may be admissible | ||
into evidence at a
hearing conducted in accordance with | ||
Section 2-118 of this Code. The failure
or inability to | ||
obtain an additional test by a person shall not preclude | ||
the
consideration of the previously performed chemical | ||
test.
| ||
(4) Upon a request of the person who submits to a | ||
chemical test or tests
at the request of a law enforcement | ||
officer, full information concerning the
test or tests |
shall be made available to the person or that person's
| ||
attorney by the requesting law enforcement agency within 72 | ||
hours of receipt of
the test result.
| ||
(5) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(6) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, licensed physician assistant, licensed | ||
advanced practice nurse, registered nurse,
or other | ||
qualified person trained in venipuncture and acting under | ||
the
direction of a
licensed physician shall withdraw blood | ||
for testing purposes to ascertain the
presence of alcohol | ||
upon the specific request of a law enforcement officer.
| ||
However, that testing shall not be performed until, in the | ||
opinion of the
medical personnel on 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 in | ||
this Section shall
be warned
by the law enforcement officer | ||
requesting the test that a refusal to submit to
the test, or
| ||
submission to the test resulting in an alcohol concentration of | ||
more than 0.00,
may result
in the loss of that person's | ||
privilege to possess a school bus driver
permit. The loss of | ||
the individual's privilege to possess a school bus driver
| ||
permit shall be imposed in accordance with Section 6-106.1b of |
this Code. A person requested to submit to a test under this | ||
Section shall also acknowledge, in writing, receipt of the | ||
warning required under this subsection (c). If the person | ||
refuses to acknowledge receipt of the warning, the law | ||
enforcement officer shall make a written notation on the | ||
warning that the person refused to sign the warning. A person's | ||
refusal to sign the warning shall not be evidence that the | ||
person was not read the warning.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test or
| ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of more
than 0.00. The law enforcement officer | ||
shall submit the same sworn report when
a person who has been | ||
issued a school bus driver permit and who was operating a
| ||
school bus or any other vehicle owned
or operated by or for a | ||
public or private school, or a school operated by a
religious | ||
institution, when the vehicle is being used over a regularly
| ||
scheduled route for the transportation of persons enrolled as | ||
students in grade
12 or below, in connection with
any activity | ||
of the entities listed, submits to testing under Section | ||
11-501.1
of this Code and the testing discloses an alcohol | ||
concentration of more than
0.00 and less than the alcohol |
concentration at which driving or being in
actual physical | ||
control of a motor vehicle is prohibited under paragraph (1) of
| ||
subsection (a) of Section 11-501.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the school bus | ||
driver permit sanction on the
individual's driving record and | ||
the sanction shall be effective on the
46th day following the | ||
date notice of the sanction was given to the person.
| ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this school bus driver permit | ||
sanction on the person and the sanction
shall be effective on | ||
the 46th day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency 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 that person at his or her last known address and | ||
the loss of the
school
bus driver permit shall be effective on | ||
the 46th day following the date notice
was given.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the | ||
school bus driver permit sanction to the
driver and the | ||
driver's current employer by mailing a notice of the effective
| ||
date of the sanction to the individual. However, shall the | ||
sworn report be
defective by not containing sufficient |
information or be completed in error,
the notice of the school | ||
bus driver permit sanction may not be mailed to the
person or | ||
his current employer 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 school bus driver permit | ||
sanction by
requesting an administrative hearing with the | ||
Secretary of State in accordance
with Section 2-118 of this | ||
Code. An individual whose blood alcohol
concentration is shown | ||
to be more than 0.00 is not subject to this Section if
he or she | ||
consumed alcohol in the performance of a religious service or
| ||
ceremony. An individual whose blood alcohol concentration is | ||
shown to be more
than 0.00 shall not be subject to this Section | ||
if the individual's blood
alcohol concentration resulted only | ||
from ingestion of the prescribed or
recommended dosage of | ||
medicine that contained alcohol. The petition for that
hearing | ||
shall not stay or delay the effective date of the impending | ||
suspension.
The scope of this hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a school bus
or any other vehicle owned or | ||
operated by or for a
public or private school, or a
school | ||
operated by a religious institution, when the vehicle is | ||
being used
over a regularly scheduled route for the | ||
transportation of persons enrolled as
students in grade 12 |
or below, in connection with any activity of the entities
| ||
listed, upon the public highways of the State and the | ||
police officer had reason
to believe that the person was in | ||
violation of any provision of this
Code or a similar | ||
provision of a local ordinance; and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of this Code or a similar | ||
provision of a local
ordinance; and
| ||
(3) whether the police officer had probable cause to | ||
believe that the
driver had
consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the | ||
officer that the
privilege to possess a school bus driver | ||
permit would be canceled if the person
refused to submit to | ||
and complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration; and
| ||
(5) whether the person, after being advised by the | ||
officer that the
privileges to possess a school bus driver | ||
permit would be canceled if the
person submits to a | ||
chemical test or tests and the test or tests disclose an
| ||
alcohol concentration of more than 0.00 and
the person did | ||
submit to and complete the test or tests that determined an
| ||
alcohol concentration of more than 0.00; and
|
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
| ||
The Secretary of State may adopt administrative rules | ||
setting forth
circumstances under which the holder of a school | ||
bus driver permit is not
required to
appear in
person at the | ||
hearing.
| ||
Provided that the petitioner may subpoena the officer, the | ||
hearing may be
conducted upon a review of the law enforcement | ||
officer's own official
reports. Failure of the officer to | ||
answer the subpoena shall be grounds for a
continuance if, in | ||
the hearing officer's discretion, the continuance is
| ||
appropriate. At the conclusion of the hearing held under | ||
Section 2-118 of this
Code, the Secretary of State may rescind, | ||
continue, or modify
the school bus driver permit sanction.
| ||
(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results
of the testing may be considered at a hearing held | ||
under Section 2-118 of this
Code. However, the results of the | ||
testing may not be used to impose
driver's license sanctions |
under Section 11-501.1 of this Code. A law
enforcement officer | ||
may, however, pursue a statutory summary suspension or | ||
revocation of
driving privileges under Section 11-501.1 of this | ||
Code if other physical
evidence or first hand knowledge forms | ||
the basis of that suspension or revocation.
| ||
(g) This Section applies only to drivers who have been | ||
issued a school bus
driver permit in accordance with Section | ||
6-106.1 of this Code at the time of
the issuance of the Uniform | ||
Traffic Ticket for a violation of this
Code or a similar | ||
provision of a local ordinance, and a chemical test
request is | ||
made under this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, canceling,
or denying any license, permit, | ||
registration, or certificate of title shall be
subject to | ||
judicial review in the Circuit Court of Sangamon County or in | ||
the
Circuit Court of Cook County, and the provisions of the | ||
Administrative Review
Law and its rules are hereby adopted and | ||
shall apply to and govern every
action for the judicial review | ||
of final acts or decisions of the Secretary of
State under this | ||
Section.
| ||
(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| ||
(625 ILCS 5/6-205)
| ||
Sec. 6-205. Mandatory revocation of license or permit; | ||
Hardship cases.
| ||
(a) Except as provided in this Section, the Secretary of |
State shall
immediately revoke the license, permit, or driving | ||
privileges of
any driver upon receiving a
report of the | ||
driver's conviction of any of the following offenses:
| ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
| ||
2. Violation of Section 11-501 of this Code or a | ||
similar provision of
a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, other drug or
| ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof;
| ||
3. Any felony under the laws of any State or the | ||
federal government
in the commission of which a motor | ||
vehicle was used;
| ||
4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
| ||
5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles;
| ||
6. Conviction upon 3 charges of violation of Section | ||
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months;
| ||
7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
|
8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
| ||
9. Violation of Chapters 8 and 9 of this Code;
| ||
10. Violation of Section 12-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 arising from
the use of a | ||
motor vehicle;
| ||
11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer;
| ||
12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle;
| ||
13. Violation of paragraph (a) of Section 11-502 of | ||
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense;
| ||
14. Violation of paragraph (a) of Section 11-506 of | ||
this Code or a similar provision of a local ordinance | ||
relating to the offense of street racing;
| ||
15. A second or subsequent conviction of driving while | ||
the person's driver's license, permit or privileges was | ||
revoked for reckless homicide or a similar out-of-state | ||
offense; |
16. Any offense against any provision in this Code, or | ||
any local ordinance, regulating the
movement of traffic | ||
when that offense was the proximate cause of the death of | ||
any person. Any person whose driving privileges have been | ||
revoked pursuant to this paragraph may seek to have the | ||
revocation terminated or to have the length of revocation | ||
reduced by requesting an administrative hearing with the | ||
Secretary of State prior to the projected driver's license | ||
application eligibility date; | ||
17. Violation of subsection (a-2) of Section 11-1301.3 | ||
of this Code or a similar provision of a local ordinance; | ||
18. A second or subsequent conviction of illegal | ||
possession, while operating or in actual physical control, | ||
as a driver, of a motor vehicle, of any controlled | ||
substance prohibited under the Illinois Controlled | ||
Substances Act, any cannabis prohibited under the Cannabis | ||
Control Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act. A | ||
defendant found guilty of this offense while operating a | ||
motor vehicle
shall have an entry made in the court record | ||
by the presiding judge that
this offense did occur while | ||
the defendant was operating a motor vehicle
and order the | ||
clerk of the court to report the violation to the Secretary
| ||
of State. | ||
(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following |
situations:
| ||
1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code;
| ||
2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit;
| ||
3. Of any person adjudicated under the Juvenile Court | ||
Act of 1987 based on an offense determined to have been | ||
committed in furtherance of the criminal activities of an | ||
organized gang as provided in Section 5-710 of that Act, | ||
and that involved the operation or use of a motor vehicle | ||
or the use of a driver's license or permit. The revocation | ||
shall remain in effect for the period determined by the | ||
court. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
| ||
(c)(1) Whenever a person is convicted of any of the | ||
offenses enumerated in
this Section, the court may recommend | ||
and the Secretary of State in his
discretion, without regard to | ||
whether the recommendation is made by the
court may, upon |
application,
issue to the person a
restricted driving permit | ||
granting the privilege of driving a motor
vehicle between the | ||
petitioner's residence and petitioner's place
of employment or | ||
within the scope of the petitioner's employment related
duties, | ||
or to allow the petitioner to transport himself or herself or a | ||
family member
of the petitioner's household to a medical | ||
facility for the receipt of necessary medical care or to allow | ||
the
petitioner to transport himself or herself to and from | ||
alcohol or drug remedial or rehabilitative activity | ||
recommended by a licensed service provider, or to allow the
| ||
petitioner to transport himself or herself or a family member | ||
of the petitioner's household to classes, as a student, at an | ||
accredited educational
institution, or to allow the petitioner | ||
to transport children, elderly persons, or disabled persons who | ||
do not hold driving privileges and are living in the | ||
petitioner's household to and from daycare; if the petitioner | ||
is able to demonstrate that no alternative means
of | ||
transportation is reasonably available and that the petitioner | ||
will not endanger
the public safety or welfare; provided that | ||
the Secretary's discretion shall be
limited to cases where | ||
undue hardship, as defined by the rules of the Secretary of | ||
State, would result from a failure to issue the
restricted | ||
driving permit. Those multiple offenders identified in | ||
subdivision (b)4 of Section 6-208 of this Code, however, shall | ||
not be eligible for the issuance of a restricted driving | ||
permit.
|
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(3) If:
| ||
(A) a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i)
a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar
out-of-state offense, | ||
or Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, where the use of alcohol or | ||
other drugs is recited as an element of the | ||
offense, or a similar out-of-state offense; or | ||
(ii)
a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii)
a suspension pursuant to Section |
6-203.1;
| ||
arising out of
separate occurrences; or | ||
(B)
a person has been convicted of one violation of | ||
subparagraph (C) or (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 Section 6-303 of this Code , | ||
committed while his or her driver's license, permit, or | ||
privilege was revoked because of a violation of Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, relating to the offense of reckless homicide | ||
where the use of alcohol or other drugs was recited as | ||
an element of the offense, or a similar provision of a | ||
law of another state;
| ||
that person, if issued a restricted
driving permit, may not | ||
operate a vehicle unless it has been equipped with an
| ||
ignition interlock device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned on the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle
owned or leased by that person's |
employer when used solely for employment purposes. | ||
(6)
In each case the Secretary of State may issue a
| ||
restricted driving permit for a period he deems | ||
appropriate, except that the
permit shall expire within one | ||
year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, where | ||
the use of alcohol or other drugs is recited as an element | ||
of the offense, or any similar out-of-state offense, or any | ||
combination of these offenses, until the expiration of at | ||
least one year from the date of the
revocation. A | ||
restricted
driving permit issued under this Section shall | ||
be
subject to cancellation, revocation, and suspension by | ||
the Secretary of
State in like manner and for like cause as | ||
a driver's license issued
under this Code may be cancelled, | ||
revoked, or
suspended; except that a conviction upon one or | ||
more offenses against laws or
ordinances regulating the | ||
movement of traffic shall be deemed sufficient cause
for | ||
the revocation, suspension, or cancellation of a | ||
restricted driving permit.
The Secretary of State may, as a | ||
condition to the issuance of a restricted
driving permit, | ||
require the petitioner to participate in a designated |
driver
remedial or rehabilitative program. The Secretary | ||
of State is authorized to
cancel a restricted driving | ||
permit if the permit holder does not successfully
complete | ||
the program. However, if an individual's driving | ||
privileges have been
revoked in accordance with paragraph | ||
13 of subsection (a) of this Section, no
restricted driving | ||
permit shall be issued until the individual has served 6
| ||
months of the revocation period.
| ||
(c-5) (Blank).
| ||
(c-6) If a person is convicted of a second violation of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked, where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless | ||
homicide or a similar out-of-state offense, the person's | ||
driving privileges shall be revoked pursuant to subdivision | ||
(a)(15) of this Section. The person may not make application | ||
for a license or permit until the expiration of five years from | ||
the effective date of the revocation or the expiration of five | ||
years from the date of release from a term of imprisonment, | ||
whichever is later. | ||
(c-7) If a person is convicted of a third or subsequent | ||
violation of operating a motor vehicle while the person's | ||
driver's license, permit or privilege was revoked, where the | ||
revocation was for a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide or a similar out-of-state offense, | ||
the person may never apply for a license or permit. | ||
(d)(1) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense, the
| ||
Secretary of State shall revoke the driving privileges of that | ||
person. One
year after the date of revocation, and upon | ||
application, the Secretary of
State may, if satisfied that the | ||
person applying will not endanger the
public safety or welfare, | ||
issue a restricted driving permit granting the
privilege of | ||
driving a motor vehicle only between the hours of 5 a.m. and 9
| ||
p.m. or as otherwise provided by this Section for a period of | ||
one year.
After this one year period, and upon reapplication | ||
for a license as
provided in Section 6-106, upon payment of the | ||
appropriate reinstatement
fee provided under paragraph (b) of | ||
Section 6-118, the Secretary of State,
in his discretion, may
| ||
reinstate the petitioner's driver's license and driving | ||
privileges, or extend the restricted driving permit as many | ||
times as the
Secretary of State deems appropriate, by | ||
additional periods of not more than
12 months each.
| ||
(2) If a person's license or permit is revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(3) If a person's license or permit is revoked or | ||
suspended 2 or more times
within a 10 year period due to | ||
any combination of: | ||
(A) a single conviction of violating Section | ||
11-501
of this
Code or a similar provision of a local | ||
ordinance or a similar out-of-state
offense, or | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, where the use of alcohol or | ||
other drugs is recited as an element of the offense, or | ||
a similar out-of-state offense; or | ||
(B)
a statutory summary suspension or revocation | ||
under Section 11-501.1; or | ||
(C) a suspension pursuant to Section 6-203.1; | ||
arising out of separate occurrences, that person, if issued | ||
a
restricted
driving permit, may not operate a vehicle | ||
unless it has been equipped with an
ignition interlock | ||
device as defined in Section 1-129.1. | ||
(3.5) If a person's license or permit is revoked or | ||
suspended due to a conviction for a violation of | ||
subparagraph (C) or (F) of paragraph (1) of subsection (d) |
of Section 11-501 of this Code, or a similar provision of a | ||
local ordinance or similar out-of-state offense, that | ||
person, if issued a restricted driving permit, may not | ||
operate a vehicle unless it has been equipped with an | ||
ignition interlock device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned upon the use | ||
of an interlock device must pay to the Secretary of State | ||
DUI Administration Fund an amount
not to exceed $30 per | ||
month. The Secretary shall establish by rule the amount
and | ||
the procedures, terms, and conditions relating to these | ||
fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against driving | ||
a vehicle that is not equipped with an ignition interlock | ||
device does not apply to the operation of an occupational | ||
vehicle
owned or leased by that person's employer when used | ||
solely for employment purposes. | ||
(6) A
restricted driving permit issued under this | ||
Section shall be subject to
cancellation, revocation, and | ||
suspension by the Secretary of State in like
manner and for | ||
like cause as a driver's license issued under this Code may | ||
be
cancelled, revoked, or suspended; except that a | ||
conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension, or
| ||
cancellation of a restricted driving permit.
|
(d-5) The revocation of the license, permit, or driving | ||
privileges of a person convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his or | ||
her driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of reckless | ||
homicide, or a similar provision of a law of another state, is | ||
permanent. The Secretary may not, at any time, issue a license | ||
or permit to that person.
| ||
(e) This Section is subject to the provisions of the Driver | ||
License
Compact.
| ||
(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like | ||
period of time.
| ||
(g) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been revoked
under any provisions of | ||
this Code.
| ||
(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by a person | ||
who has been convicted of a
second or subsequent offense under | ||
Section 11-501 of this Code or a similar
provision of a local | ||
ordinance. The person must pay to the Secretary of State DUI | ||
Administration Fund an amount not to exceed $30 for each month | ||
that he or she uses the device. The Secretary shall establish |
by rule and
regulation the procedures for certification and use | ||
of the interlock
system, the amount of the fee, and the | ||
procedures, terms, and conditions relating to these fees.
| ||
(i) (Blank).
| ||
(j) In accordance with 49 C.F.R. 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 revoked, suspended, | ||
cancelled, or disqualified under any provisions of this Code.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
| ||
(625 ILCS 5/6-206)
| ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
| ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person:
| ||
1. Has committed an offense for which mandatory | ||
revocation of
a driver's license or permit is required upon | ||
conviction;
| ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of |
vehicles committed within any 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction;
| ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway;
| ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or
contributed to an accident resulting in injury | ||
requiring
immediate professional treatment in a medical | ||
facility or doctor's office
to any person, except that any | ||
suspension or revocation imposed by the
Secretary of State | ||
under the provisions of this subsection shall start no
| ||
later than 6 months after being convicted of violating a | ||
law or
ordinance regulating the movement of traffic, which | ||
violation is related
to the accident, or shall start not | ||
more than one year
after
the date of the accident, | ||
whichever date occurs later;
| ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
| ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation;
| ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
| ||
8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103;
| ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit;
| ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
| ||
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a | ||
monitoring device driving permit, judicial driving permit | ||
issued prior to January 1, 2009, probationary license to | ||
drive, or a restricted
driving permit issued under this | ||
Code;
| ||
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application | ||
process for the purpose of obtaining a
license, |
identification card, or permit for some other person;
| ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||
of the Illinois Identification Card
Act;
| ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||
to criminal trespass to vehicles in which case, the | ||
suspension
shall be for one year;
| ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
| ||
17. Has refused to submit to a test, or tests, as | ||
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1;
| ||
18. Has, since issuance of a driver's license or | ||
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease;
| ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license;
| ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
| ||
21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year;
| ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating
to unlawful use of weapons, in which case the | ||
suspension shall be for one
year;
| ||
23. Has, as a driver, been convicted of committing a | ||
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation;
| ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the | ||
United States at a military
installation in Illinois or in | ||
another state of or for a traffic related offense that is | ||
the
same as or similar to an offense specified under | ||
Section 6-205 or 6-206 of
this Code;
| ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit;
| ||
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
| ||
27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
| ||
28. Has been convicted for a first time of the illegal | ||
possession, while operating or
in actual physical control, | ||
as a driver, of a motor vehicle, of any
controlled | ||
substance prohibited under the Illinois Controlled | ||
Substances
Act, any cannabis prohibited under the Cannabis | ||
Control
Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act, in | ||
which case the person's driving privileges shall be | ||
suspended for
one year.
Any defendant found guilty of this | ||
offense while operating a motor vehicle,
shall have an | ||
entry made in the court record by the presiding judge that
| ||
this offense did occur while the defendant was operating a | ||
motor vehicle
and order the clerk of the court to report | ||
the violation to the Secretary
of State;
| ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute, promoting juvenile | ||
prostitution as described in subdivision (a)(1), (a)(2), | ||
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, and the manufacture, sale or
| ||
delivery of controlled substances or instruments used for |
illegal drug use
or abuse in which case the driver's | ||
driving privileges shall be suspended
for one year;
| ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years;
| ||
31. Has refused to submit to a test as
required by | ||
Section 11-501.6 of this Code or Section 5-16c of the Boat | ||
Registration and Safety Act or has submitted to a test | ||
resulting in
an alcohol concentration of 0.08 or more or | ||
any amount of a drug, substance, or
compound resulting from | ||
the unlawful use or consumption of cannabis as listed
in | ||
the Cannabis Control Act, a controlled substance as listed | ||
in the Illinois
Controlled Substances Act, an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, in which case the | ||
penalty shall be
as prescribed in Section 6-208.1;
| ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 relating | ||
to the aggravated discharge of a firearm if the offender | ||
was
located in a motor vehicle at the time the firearm was | ||
discharged, in which
case the suspension shall be for 3 | ||
years;
| ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance;
| ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code or a similar provision of a local ordinance;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code or a similar provision of a local ordinance;
| ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles | ||
committed within any 24 month period. No revocation
or | ||
suspension shall be entered more than 6 months after the | ||
date of last
conviction;
| ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code that resulted in damage to the | ||
property of another or the death or injury of another;
| ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance;
| ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code;
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; | ||
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code, a similar provision of a | ||
local ordinance, or a similar violation in any other state | ||
within 2 years of the date of the previous violation, in |
which case the suspension shall be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code or a similar provision of a | ||
local ordinance;
| ||
43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance, in which case the suspension shall be | ||
for a period of 3 months;
| ||
44.
Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic | ||
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges
| ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; | ||
45.
Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: | ||
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her | ||
own, documents that were in fact prepared or composed for | ||
another person; | ||
46. Has committed a violation of subsection (j) of | ||
Section 3-413 of this Code; or
| ||
47. Has committed a violation of Section 11-502.1 of | ||
this Code. |
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license or a temporary driver's | ||
license. | ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the 6 | ||
month limitation
prescribed shall not apply.
| ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to the | ||
last known address of the person.
| ||
2. If the Secretary of State suspends the driver's license
| ||
of a person under subsection 2 of paragraph (a) of this | ||
Section, a
person's privilege to operate a vehicle as an | ||
occupation shall not be
suspended, provided an affidavit is |
properly completed, the appropriate fee
received, and a permit | ||
issued prior to the effective date of the
suspension, unless 5 | ||
offenses were committed, at least 2 of which occurred
while | ||
operating a commercial vehicle in connection with the driver's
| ||
regular occupation. All other driving privileges shall be | ||
suspended by the
Secretary of State. Any driver prior to | ||
operating a vehicle for
occupational purposes only must submit | ||
the affidavit on forms to be
provided by the Secretary of State | ||
setting forth the facts of the person's
occupation. The | ||
affidavit shall also state the number of offenses
committed | ||
while operating a vehicle in connection with the driver's | ||
regular
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a | ||
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as set | ||
forth in the notice that was
mailed under this Section. If an | ||
affidavit is received subsequent to the
effective date of this | ||
suspension, a permit may be issued for the remainder
of the | ||
suspension period.
| ||
The provisions of this subparagraph shall not apply to any | ||
driver
required to possess a CDL for the purpose of operating a | ||
commercial motor vehicle.
| ||
Any person who falsely states any fact in the affidavit |
required
herein shall be guilty of perjury under Section 6-302 | ||
and upon conviction
thereof shall have all driving privileges | ||
revoked without further rights.
| ||
3. At the conclusion of a hearing under Section 2-118 of | ||
this Code,
the Secretary of State shall either rescind or | ||
continue an order of
revocation or shall substitute an order of | ||
suspension; or, good
cause appearing therefor, rescind, | ||
continue, change, or extend the
order of suspension. If the | ||
Secretary of State does not rescind the order,
the Secretary | ||
may upon application,
to relieve undue hardship (as defined by | ||
the rules of the Secretary of State), issue
a restricted | ||
driving permit granting the privilege of driving a motor
| ||
vehicle between the petitioner's residence and petitioner's | ||
place of
employment or within the scope of the petitioner's | ||
employment related duties, or to
allow the petitioner to | ||
transport himself or herself, or a family member of the
| ||
petitioner's household to a medical facility, to receive | ||
necessary medical care, to allow the petitioner to transport | ||
himself or herself to and from alcohol or drug
remedial or | ||
rehabilitative activity recommended by a licensed service | ||
provider, or to allow the petitioner to transport himself or | ||
herself or a family member of the petitioner's household to | ||
classes, as a student, at an accredited educational | ||
institution, or to allow the petitioner to transport children, | ||
elderly persons, or disabled persons who do not hold driving | ||
privileges and are living in the petitioner's household to and |
from daycare. The
petitioner must demonstrate that no | ||
alternative means of
transportation is reasonably available | ||
and that the petitioner will not endanger
the public safety or | ||
welfare. Those multiple offenders identified in subdivision | ||
(b)4 of Section 6-208 of this Code, however, shall not be | ||
eligible for the issuance of a restricted driving permit.
| ||
(A) If a person's license or permit is revoked or | ||
suspended due to 2
or more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due to | ||
any combination of: | ||
(i) a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a local | ||
ordinance or a similar
out-of-state offense or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, where the use of alcohol or other drugs is |
recited as an element of the offense, or a similar | ||
out-of-state offense; or | ||
(ii) a statutory summary suspension or revocation | ||
under Section
11-501.1; or | ||
(iii) a suspension under Section 6-203.1; | ||
arising out of
separate occurrences; that person, if issued | ||
a restricted driving permit, may
not operate a vehicle | ||
unless it has been
equipped with an ignition interlock | ||
device as defined in Section 1-129.1. | ||
(B-5) If a person's license or permit is revoked or | ||
suspended due to a conviction for a violation of | ||
subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||
of Section 11-501 of this Code, or a similar provision of a | ||
local ordinance or similar out-of-state offense, that | ||
person, if issued a restricted driving permit, may not | ||
operate a vehicle unless it has been equipped with an | ||
ignition interlock device as defined in Section 1-129.1. | ||
(C)
The person issued a permit conditioned upon the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(D) If the
restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the operation | ||
of an occupational vehicle owned or
leased by that person's | ||
employer when used solely for employment purposes. | ||
(E) In each case the Secretary may issue a
restricted | ||
driving permit for a period deemed appropriate, except that | ||
all
permits shall expire within one year from the date of | ||
issuance. The Secretary
may not, however, issue a | ||
restricted driving permit to any person whose current
| ||
revocation is the result of a second or subsequent | ||
conviction for a violation
of Section 11-501 of this Code | ||
or a similar provision of a local ordinance
or any similar | ||
out-of-state offense, or Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, where the use of | ||
alcohol or other drugs is recited as an element of the | ||
offense, or any similar out-of-state offense, or any | ||
combination
of those offenses, until the expiration of at | ||
least one year from the date of
the revocation. A
| ||
restricted driving permit issued under this Section shall | ||
be subject to
cancellation, revocation, and suspension by | ||
the Secretary of State in like
manner and for like cause as | ||
a driver's license issued under this Code may be
cancelled, | ||
revoked, or suspended; except that a conviction upon one or | ||
more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for | ||
the revocation, suspension, or
cancellation of a | ||
restricted driving permit. The Secretary of State may, as
a |
condition to the issuance of a restricted driving permit, | ||
require the
applicant to participate in a designated driver | ||
remedial or rehabilitative
program. The Secretary of State | ||
is authorized to cancel a restricted
driving permit if the | ||
permit holder does not successfully complete the program.
| ||
(c-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon | ||
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant | ||
whose driver's license or permit has
been suspended before he |
or she reached the age of 21 years pursuant to any of
the | ||
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be | ||
retested under Section 6-109 of this
Code.
| ||
(d) This Section is subject to the provisions of the | ||
Drivers License
Compact.
| ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code.
| ||
(f) In accordance with 49 C.F.R. 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 under any provisions of this Code. | ||
(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | ||
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||
1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. | ||
7-16-14 .) | ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||
Sec. 6-206.1. Monitoring Device Driving Permit. | ||
Declaration of Policy. It is hereby declared a policy of the
| ||
State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
|
threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice, a statutory summary driver's | ||
license suspension is appropriate.
It is also recognized that | ||
driving is a privilege and therefore, that the granting of | ||
driving privileges, in a manner consistent with public
safety, | ||
is warranted during the period of suspension in the form of a | ||
monitoring device driving permit. A person who drives and fails | ||
to comply with the requirements of the monitoring device | ||
driving permit commits a violation of Section 6-303 of this | ||
Code. | ||
The following procedures shall apply whenever
a first | ||
offender, as defined in Section 11-500 of this Code, is | ||
arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance and is subject to the | ||
provisions of Section 11-501.1: | ||
(a) Upon mailing of the notice of suspension of driving | ||
privileges as provided in subsection (h) of Section 11-501.1 of | ||
this Code, the Secretary shall also send written notice | ||
informing the person that he or she will be issued a monitoring | ||
device driving permit (MDDP). The notice shall include, at | ||
minimum, information summarizing the procedure to be followed | ||
for issuance of the MDDP, installation of the breath alcohol | ||
ignition installation device (BAIID), as provided in this | ||
Section, exemption from BAIID installation requirements, and | ||
procedures to be followed by those seeking indigent status, as | ||
provided in this Section. The notice shall also include |
information summarizing the procedure to be followed if the | ||
person wishes to decline issuance of the MDDP. A copy of the | ||
notice shall also be sent to the court of venue together with | ||
the notice of suspension of driving privileges, as provided in | ||
subsection (h) of Section 11-501. However, a MDDP shall not be | ||
issued if the Secretary finds that:
| ||
(1) the offender's driver's license is otherwise | ||
invalid; | ||
(2) death or great bodily harm to another resulted from | ||
the arrest for Section 11-501; | ||
(3) the offender has been previously convicted of | ||
reckless homicide or aggravated driving under the | ||
influence involving death; | ||
(4) the offender is less than 18 years of age; or | ||
(5) the offender is a qualifying patient licensed under | ||
the Compassionate Use of Medical Cannabis Pilot Program Act | ||
who is in possession of a valid registry card issued under | ||
that Act and refused to submit to standardized field | ||
sobriety tests as required by subsection (a) of Section | ||
11-501.9 or did submit to testing which disclosed the | ||
person was impaired by the use of cannabis. | ||
Any offender participating in the MDDP program must pay the | ||
Secretary a MDDP Administration Fee in an amount not to exceed | ||
$30 per month, to be deposited into the Monitoring Device | ||
Driving Permit Administration Fee Fund. The Secretary shall | ||
establish by rule the amount and the procedures, terms, and |
conditions relating to these fees. The offender must have an | ||
ignition interlock device installed within 14 days of the date | ||
the Secretary issues the MDDP. The ignition interlock device | ||
provider must notify the Secretary, in a manner and form | ||
prescribed by the Secretary, of the installation. If the | ||
Secretary does not receive notice of installation, the | ||
Secretary shall cancel the MDDP.
| ||
A MDDP shall not become effective prior to the 31st
day of | ||
the original statutory summary suspension. | ||
Upon receipt of the notice, as provided in paragraph (a) of | ||
this Section, the person may file a petition to decline | ||
issuance of the MDDP with the court of venue. The court shall | ||
admonish the offender of all consequences of declining issuance | ||
of the MDDP including, but not limited to, the enhanced | ||
penalties for driving while suspended. After being so | ||
admonished, the offender shall be permitted, in writing, to | ||
execute a notice declining issuance of the MDDP. This notice | ||
shall be filed with the court and forwarded by the clerk of the | ||
court to the Secretary. The offender may, at any time | ||
thereafter, apply to the Secretary for issuance of a MDDP. | ||
(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary | ||
under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. |
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission to drive an employer-owned vehicle | ||
that does not have an ignition interlock device. The employer | ||
shall provide to the Secretary a form, as prescribed by the | ||
Secretary, completed by the employer verifying that the | ||
employee must drive an employer-owned vehicle in the course of | ||
employment. If approved by the Secretary, the form must be in | ||
the driver's possession while operating an employer-owner | ||
vehicle not equipped with an ignition interlock device. No | ||
person may use this exemption to drive a school bus, school | ||
vehicle, or a vehicle designed to transport more than 15 | ||
passengers. No person may use this exemption to drive an | ||
employer-owned motor vehicle that is owned by an entity that is | ||
wholly or partially owned by the person holding the MDDP, or by | ||
a family member of the person holding the MDDP. No person may | ||
use this exemption to drive an employer-owned vehicle that is | ||
made available to the employee for personal use. No person may | ||
drive the exempted vehicle more than 12 hours per day, 6 days | ||
per week.
| ||
(a-3) Persons who are issued a MDDP and who must drive a | ||
farm tractor to and from a farm, within 50 air miles from the | ||
originating farm are exempt from installation of a BAIID on the | ||
farm tractor, so long as the farm tractor is being used for the | ||
exclusive purpose of conducting farm operations. | ||
(b) (Blank). |
(c) (Blank).
| ||
(c-1) If the holder of the MDDP is convicted of or receives | ||
court supervision for a violation of Section 6-206.2, 6-303, | ||
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||
provision of a local ordinance or a similar out-of-state | ||
offense or is convicted of or receives court supervision for | ||
any offense for which alcohol or drugs is an element of the | ||
offense and in which a motor vehicle was involved (for an | ||
arrest other than the one for which the MDDP is issued), or | ||
de-installs the BAIID without prior authorization from the | ||
Secretary, the MDDP shall be cancelled. | ||
(c-5) If the Secretary determines that the person seeking | ||
the MDDP is indigent, the Secretary shall provide the person | ||
with a written document as evidence of that determination, and | ||
the person shall provide that written document to an ignition | ||
interlock device provider. The provider shall install an | ||
ignition interlock device on that person's vehicle without | ||
charge to the person, and seek reimbursement from the Indigent | ||
BAIID Fund.
If the Secretary has deemed an offender indigent, | ||
the BAIID provider shall also provide the normal monthly | ||
monitoring services and the de-installation without charge to | ||
the offender and seek reimbursement from the Indigent BAIID | ||
Fund. Any other monetary charges, such as a lockout fee or | ||
reset fee, shall be the responsibility of the MDDP holder. A | ||
BAIID provider may not seek a security deposit from the | ||
Indigent BAIID Fund. |
(d) MDDP information
shall be available only to the courts, | ||
police officers, and the Secretary, except during the actual | ||
period the MDDP is valid, during which
time it shall be a | ||
public record. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) The Secretary shall adopt rules for implementing this | ||
Section. The rules adopted shall address issues including, but | ||
not limited to: compliance with the requirements of the MDDP; | ||
methods for determining compliance with those requirements; | ||
the consequences of noncompliance with those requirements; | ||
what constitutes a violation of the MDDP; methods for | ||
determining indigency; and the duties of a person or entity | ||
that supplies the ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; | ||
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted |
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the | ||
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the total number of times | ||
the summary suspension may be extended. The Secretary may, | ||
however, limit the number of extensions imposed for violations | ||
occurring during any one monitoring period, as set forth by | ||
rule. Any person whose summary suspension is extended pursuant | ||
to this Section shall have the right to contest the extension | ||
through a hearing with the Secretary, pursuant to Section 2-118 | ||
of this Code. If the summary suspension has already terminated | ||
prior to the Secretary receiving the monitoring report that | ||
shows a violation, the Secretary shall be authorized to suspend | ||
the person's driving privileges for 3 months, provided that the |
Secretary may, by rule, limit the number of suspensions to be | ||
entered pursuant to this paragraph for violations occurring | ||
during any one monitoring period. Any person whose license is | ||
suspended pursuant to this paragraph, after the summary | ||
suspension had already terminated, shall have the right to | ||
contest the suspension through a hearing with the Secretary, | ||
pursuant to Section 2-118 of this Code. The only permit the | ||
person shall be eligible for during this new suspension period | ||
is a MDDP. | ||
(k) A person who has had his or her summary suspension | ||
extended for the third time, or has any combination of 3 | ||
extensions and new suspensions, entered as a result of a | ||
violation that occurred while holding the MDDP, so long as the | ||
extensions and new suspensions relate to the same summary | ||
suspension, shall have his or her vehicle impounded for a | ||
period of 30 days, at the person's own expense. A person who | ||
has his or her summary suspension extended for the fourth time, | ||
or has any combination of 4 extensions and new suspensions, | ||
entered as a result of a violation that occurred while holding | ||
the MDDP, so long as the extensions and new suspensions relate | ||
to the same summary suspension, shall have his or her vehicle | ||
subject to seizure and forfeiture. The Secretary shall notify | ||
the prosecuting authority of any third or fourth extensions or | ||
new suspension entered as a result of a violation that occurred | ||
while the person held a MDDP. Upon receipt of the notification, | ||
the prosecuting authority shall impound or forfeit the vehicle. |
The impoundment or forfeiture of a vehicle shall be conducted | ||
pursuant to the procedure specified in Article 36 of the | ||
Criminal Code of 2012. | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled, or would have been cancelled had notification of a | ||
violation been received prior to expiration of the MDDP, | ||
pursuant to subsection (c-1) of this Section, shall not be | ||
eligible for reinstatement when the summary suspension is | ||
scheduled to terminate. Instead, the person's driving | ||
privileges shall be suspended for a period of not less than | ||
twice the original summary suspension period, or for the length | ||
of any extensions entered under subsection (j), whichever is | ||
longer. During the period of suspension, the person shall be | ||
eligible only to apply for a restricted driving permit. If a | ||
restricted driving permit is granted, the offender may only | ||
operate vehicles equipped with a BAIID in accordance with this | ||
Section. | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device, including monthly monitoring fees, | ||
into the Indigent BAIID Fund. This 5% shall be clearly | ||
indicated as a separate surcharge on each invoice that is | ||
issued. The Secretary shall conduct an annual review of the | ||
fund to determine whether the surcharge is sufficient to |
provide for indigent users. The Secretary may increase or | ||
decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the Secretary, as | ||
provided in subsection (c-5) of this Section, shall install the | ||
device on the person's vehicle without charge to the person and | ||
shall seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons. The Secretary shall make payments to such providers | ||
every 3 months. If the amount of money in the fund at the time | ||
payments are made is not sufficient to pay all requests for | ||
reimbursement submitted during that 3 month period, the | ||
Secretary shall make payments on a pro-rata basis, and those | ||
payments shall be considered payment in full for the requests | ||
submitted. | ||
(p) The Monitoring Device Driving Permit Administration | ||
Fee Fund is created as a special fund in the State treasury. | ||
The Secretary shall, subject to appropriation by the General | ||
Assembly, use the money paid into this fund to offset its | ||
administrative costs for administering MDDPs.
|
(q) The Secretary is authorized to prescribe such forms as | ||
it deems necessary to carry out the provisions of this Section. | ||
(Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12; | ||
97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff. | ||
8-22-14; 98-1172, eff. 1-12-15.) | ||
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||
Sec. 6-208.1. Period of statutory summary alcohol, other | ||
drug,
or intoxicating compound related suspension or | ||
revocation. | ||
(a) Unless the statutory summary suspension has been | ||
rescinded, any
person whose privilege to drive a motor vehicle | ||
on the public highways has
been summarily suspended, pursuant | ||
to Section 11-501.1, shall not be
eligible for restoration of | ||
the privilege until the expiration of: | ||
1. twelve months from the effective date of the | ||
statutory summary suspension
for a refusal or failure to | ||
complete a test or tests to determine the alcohol, other | ||
drug, or intoxicating compound concentration under
Section | ||
11-501.1, if the person was not involved in a motor vehicle | ||
accident that caused personal injury or death to another; | ||
or | ||
2. six months from the effective date of the statutory | ||
summary
suspension imposed following the person's | ||
submission to a chemical test
which disclosed an alcohol | ||
concentration of 0.08 or more, or any
amount
of a
drug, |
substance, or intoxicating compound in such person's
| ||
breath, 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, pursuant to Section 11-501.1; or | ||
3. three years from the effective date of the statutory | ||
summary suspension
for any person other than a first | ||
offender who refuses or fails to
complete a test or tests | ||
to determine the alcohol, drug, or
intoxicating
compound | ||
concentration
pursuant to Section 11-501.1; or | ||
4. one year from the effective date of the summary | ||
suspension imposed
for any person other than a first | ||
offender following submission to a
chemical test which | ||
disclosed an alcohol concentration of 0.08 or
more
pursuant | ||
to Section 11-501.1 or any amount of a 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, 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; or | ||
5. (Blank). |
(b) Following a statutory summary suspension of the | ||
privilege to drive a
motor vehicle under Section 11-501.1, | ||
driving privileges shall be
restored unless the person is | ||
otherwise suspended, revoked, or cancelled by this Code. If
the | ||
court has reason to believe that the person's
driving privilege | ||
should not be restored, the court shall notify
the Secretary of | ||
State prior to the expiration of the statutory summary
| ||
suspension so appropriate action may be taken pursuant to this | ||
Code. | ||
(c) Driving privileges may not be restored until all | ||
applicable
reinstatement fees, as provided by this Code, have | ||
been paid to the Secretary
of State and the appropriate entry | ||
made to the driver's record. | ||
(d) Where a driving privilege has been summarily suspended | ||
or revoked under Section
11-501.1 and the person is | ||
subsequently convicted of violating Section
11-501, or a | ||
similar provision of a local ordinance, for the same incident,
| ||
any period served on statutory summary suspension or revocation | ||
shall be credited toward
the minimum period of revocation of | ||
driving privileges imposed pursuant to
Section 6-205. | ||
(e) A first offender who refused chemical testing and whose | ||
driving privileges were summarily revoked pursuant to Section | ||
11-501.1 shall not be eligible for a monitoring device driving | ||
permit, but may make application for reinstatement or for a | ||
restricted driving permit after a period of one year has | ||
elapsed from the effective date of the revocation. |
(f) (Blank). | ||
(g) (Blank). Following a statutory summary suspension of | ||
driving privileges
pursuant to Section 11-501.1 where the | ||
person was not a first offender, as
defined in Section 11-500, | ||
the Secretary of State may not issue a
restricted driving | ||
permit. | ||
(h) (Blank). | ||
(Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; | ||
98-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
| ||
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
| ||
Sec. 6-517. Commercial driver; implied consent warnings.
| ||
(a) Any person driving a commercial motor vehicle who is
| ||
requested by a police officer, pursuant to Section 6-516, to | ||
submit to a
chemical test or tests to determine the alcohol | ||
concentration
or any amount of a drug, substance, or compound | ||
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
in such | ||
person's system, must be warned by the police officer
| ||
requesting the
test or tests that a refusal to submit to the | ||
test or tests will result in that
person being immediately | ||
placed out-of-service for a period of 24 hours and
being |
disqualified from operating a commercial motor vehicle for a | ||
period of
not less than 12 months; the person shall also be | ||
warned that if
such person
submits to testing which discloses | ||
an alcohol concentration of greater than
0.00 but less than | ||
0.04 or any amount of a 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, 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, such | ||
person shall be
placed immediately
out-of-service for a period | ||
of 24 hours; if the person submits to testing which
discloses | ||
an alcohol concentration of 0.04 or more or any amount of a | ||
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, 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, such
| ||
person shall be placed immediately out-of-service and | ||
disqualified from driving
a commercial motor vehicle for a | ||
period of at least 12 months; also the person
shall be warned | ||
that if such testing discloses an alcohol
concentration of | ||
0.08, or more or any amount of a 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, | ||
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, in | ||
addition to the person being immediately
placed out-of-service | ||
and disqualified for 12 months as provided in this UCDLA,
the | ||
results of such testing shall also be admissible in
| ||
prosecutions for
violations of Section 11-501 of this Code, or | ||
similar violations of local
ordinances, however, such results | ||
shall not be used to impose any
driving
sanctions pursuant to | ||
Section 11-501.1 of this Code.
| ||
The person shall also be warned that any disqualification | ||
imposed pursuant
to this Section, shall be for life for any | ||
such offense or refusal,
or combination thereof; including a | ||
conviction for violating Section 11-501
while driving a | ||
commercial motor vehicle, or similar provisions of local
| ||
ordinances, committed a second time involving separate | ||
incidents.
| ||
A person requested to submit to a test shall also | ||
acknowledge, in writing, receipt of the warning required under | ||
this Section. If the person refuses to acknowledge receipt of | ||
the warning, the police officer shall make a written notation | ||
on the warning that the person refused to sign the warning. A | ||
person's refusal to sign the warning shall not be evidence that |
the person was not read the warning. | ||
(b) If the person refuses or fails to complete testing, or | ||
submits to a
test which discloses an alcohol concentration of | ||
at least 0.04,
or any amount of a 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, | ||
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, the law | ||
enforcement officer must
submit a Sworn Report to the Secretary | ||
of State, in a form prescribed by
the Secretary, certifying | ||
that the test or tests was requested pursuant to
paragraph (a); | ||
that the person was warned, as provided in paragraph (a)
and | ||
that such person refused to submit to or failed to complete
| ||
testing, or
submitted to a test which disclosed an alcohol
| ||
concentration of 0.04 or more, or any amount of a 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, 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.
| ||
(c) The police officer submitting the Sworn Report under | ||
this Section
shall serve notice of the CDL disqualification on |
the person and
such CDL
disqualification shall be effective as | ||
provided in paragraph (d). In cases
where the blood alcohol | ||
concentration of 0.04 or more,
or any amount of a 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, 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, is | ||
established by
subsequent analysis of blood or urine collected | ||
at the time of the request,
the police officer shall give | ||
notice as provided in this Section or by
deposit in the United | ||
States mail of such notice as provided in
this
Section or by | ||
deposit in the United States mail of such notice in
an
envelope | ||
with postage prepaid and addressed to such person's
domiciliary
| ||
address as shown on the Sworn Report and the CDL | ||
disqualification shall
begin as provided in paragraph (d).
| ||
(d) The CDL disqualification referred to in this Section | ||
shall take
effect on the 46th day following the date the Sworn | ||
Report was given to the
affected person.
| ||
(e) Upon receipt of the Sworn Report from the police | ||
officer, the
Secretary of State shall disqualify the person | ||
from driving any commercial
motor vehicle and shall confirm the | ||
CDL disqualification by mailing the
notice of the effective | ||
date to the person. However, should the Sworn
Report be |
defective by not containing sufficient information or be
| ||
completed in error, the confirmation of the CDL | ||
disqualification shall not
be mailed to the affected person or | ||
entered into the record, instead the
Sworn Report shall be | ||
forwarded to the issuing
agency identifying any such defect.
| ||
(Source: P.A. 95-355, eff. 1-1-08.)
| ||
(625 ILCS 5/11-501.1)
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension or revocation; implied | ||
consent. | ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle upon the public highways of this State shall | ||
be deemed to have given
consent, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of | ||
a local ordinance, or if arrested for violating Section 11-401.
| ||
If a law enforcement officer has probable cause to believe the | ||
person was under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, the law enforcement officer shall request a chemical |
test or tests which shall be administered at the direction of | ||
the arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For | ||
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
| ||
similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person. | ||
(a-5) (Blank). | ||
(b) 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 paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2. | ||
(c) A person requested to submit to a test as provided | ||
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned that a refusal to | ||
submit to the test, when the person was involved in a motor | ||
vehicle accident that caused personal injury or death to | ||
another, will result in the statutory summary revocation of the | ||
person's privilege to operate a motor vehicle, as provided in | ||
Section 6-208.1, and will also result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The person shall also be warned by the | ||
law
enforcement officer that if the person submits to the test | ||
or tests
provided in paragraph (a) of this Section and the | ||
alcohol concentration in
the person's blood or breath is 0.08 | ||
or greater, or any amount of
a
drug, substance, or 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, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, a statutory summary | ||
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed. | ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance |
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961 or the | ||
Criminal Code of 2012. These test
results, however, shall be | ||
admissible only in actions or proceedings directly
related to | ||
the incident upon which the test request was made. | ||
A person requested to submit to a test shall also | ||
acknowledge, in writing, receipt of the warning required under | ||
this Section. If the person refuses to acknowledge receipt of | ||
the warning, the law enforcement officer shall make a written | ||
notation on the warning that the person refused to sign the | ||
warning. A person's refusal to sign the warning shall not be | ||
evidence that the person was not read the warning. | ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, 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, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
|
concentration of 0.08 or more. | ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension or revocation and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g). | ||
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged. Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect. A statutory summary | ||
revocation shall not be privileged information. | ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the |
statutory summary suspension or revocation on the
person and | ||
the suspension or revocation and disqualification shall be | ||
effective as provided in paragraph (g). | ||
(1) In
cases where the blood alcohol concentration of | ||
0.08 or greater or
any amount of
a drug, substance, or | ||
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,
an intoxicating compound
listed in the Use | ||
of Intoxicating Compounds Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act is established by a
subsequent
analysis of | ||
blood or urine collected at the time of arrest, the | ||
arresting
officer or arresting agency shall give notice as | ||
provided in this Section or by
deposit in the United States | ||
mail of the notice in an envelope with postage
prepaid and | ||
addressed to the person at his address as shown on the | ||
Uniform
Traffic Ticket and the statutory summary | ||
suspension and disqualification shall begin as provided in
| ||
paragraph (g). The officer shall confiscate any Illinois | ||
driver's license or
permit on the person at the time of | ||
arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a | ||
form prescribed by the Secretary of State, that will allow | ||
that person
to drive during the periods provided for in | ||
paragraph (g). The officer
shall immediately forward the |
driver's license or permit to the circuit
court of venue | ||
along with the sworn report provided for in
paragraph (d). | ||
(2) (Blank). | ||
(g) The statutory summary suspension or revocation and | ||
disqualification
referred to in this Section shall
take effect | ||
on the 46th day following the date the notice of the statutory
| ||
summary suspension or revocation was given to the person. | ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance: | ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension or revocation by
mailing a notice of the | ||
effective date of the suspension or revocation to the person | ||
and
the court of venue. The Secretary of State shall also mail | ||
notice of the effective date of the disqualification to the | ||
person. However, should the sworn report be defective by not
| ||
containing sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension or revocation | ||
shall not be mailed to the
person or entered to the record; | ||
instead, the sworn report shall
be
forwarded to the court of | ||
venue with a copy returned to the issuing agency
identifying | ||
any defect. | ||
(i) As used in this Section, "personal injury" includes 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 includes severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; | ||
97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff. | ||
1-12-15.) | ||
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||
Sec. 11-501.6. Driver involvement in personal injury or | ||
fatal motor
vehicle accident; chemical test. | ||
(a) Any person who drives or is in actual control of a | ||
motor vehicle
upon the public highways of this State and who | ||
has been involved in a
personal injury or fatal motor vehicle | ||
accident, 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 content of alcohol,
| ||
other
drug or drugs, or intoxicating compound or compounds of | ||
such
person's blood if arrested as evidenced by the issuance of | ||
a Uniform Traffic
Ticket for any violation of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance, with | ||
the exception of equipment violations contained in
Chapter 12 | ||
of this Code, or similar provisions of local ordinances. The | ||
test
or tests shall be administered at the direction of the | ||
arresting officer. The
law enforcement agency employing the |
officer shall designate which of the
aforesaid tests shall be | ||
administered. A urine test may be administered even
after a | ||
blood or breath test or both has been administered. Compliance | ||
with
this Section does not relieve such person from the | ||
requirements of Section
11-501.1 of this Code. | ||
(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 | ||
subsection (a) of this Section. 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, | ||
licensed physician assistant, licensed advanced practice | ||
nurse, registered nurse or a phlebotomist acting under the | ||
direction of
a licensed physician shall withdraw blood for | ||
testing purposes to ascertain
the presence of alcohol, other | ||
drug or drugs, or intoxicating
compound or compounds, 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 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 a 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, an | ||
intoxicating compound listed in the Use of
Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act as | ||
detected in such person's blood or urine, may
result in the | ||
suspension of such person's privilege to operate a motor | ||
vehicle and may result in the disqualification of the person's | ||
privilege to operate a commercial motor vehicle, as provided in | ||
Section 6-514 of this Code, if the person is a CDL holder.
The | ||
length of the suspension shall be the same as outlined in | ||
Section
6-208.1 of this Code regarding statutory summary | ||
suspensions. | ||
A person requested to submit to a test shall also | ||
acknowledge, in writing, receipt of the warning required under | ||
this Section. If the person refuses to acknowledge receipt of | ||
the warning, the law enforcement officer shall make a written | ||
notation on the warning that the person refused to sign the | ||
warning. A person's refusal to sign the warning shall not be | ||
evidence that the person was not read the warning. | ||
(d) 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 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, the law
| ||
enforcement officer shall immediately submit a sworn report to | ||
the Secretary of
State on a form prescribed by the Secretary, | ||
certifying that the test or tests
were requested pursuant to | ||
subsection (a) and the person refused to submit to a
test or | ||
tests 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. | ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the
Secretary shall enter the suspension and | ||
disqualification to 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. | ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this suspension on the person | ||
and such suspension and disqualification shall be effective
on | ||
the 46th day following the date notice was given. |
In cases where the blood 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 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, 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 such 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 day following | ||
the date
notice was given. | ||
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
Section 2-118 of this Code. At the | ||
conclusion of a hearing held under
Section 2-118 of this Code, | ||
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 in Section 6-206 of this Code. The | ||
provisions of Section 6-206 of
this Code shall apply. In | ||
accordance with 49 C.F.R. 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) (Blank). | ||
(g) For the purposes of this Section, a personal 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. | ||
(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11; | ||
97-835, eff. 7-20-12.)
| ||
(625 ILCS 5/11-501.8)
| ||
Sec. 11-501.8. Suspension of driver's license; persons | ||
under age 21.
| ||
(a) A person who is less than 21 years of age and who | ||
drives or
is in actual physical control of a motor vehicle upon | ||
the
public highways of this State shall be deemed to have given | ||
consent to a
chemical test or tests of blood, breath, or urine | ||
for the purpose of
determining the alcohol content of the | ||
person's blood if arrested, as evidenced
by the issuance of a | ||
Uniform Traffic Ticket for any violation of the Illinois
| ||
Vehicle Code or a similar provision of a local ordinance, if a | ||
police officer
has probable cause to believe that the driver | ||
has consumed any amount of an
alcoholic beverage based upon | ||
evidence of the driver's physical condition or
other first hand | ||
knowledge of the police officer. The test or tests shall be
| ||
administered at the direction of the arresting officer. The law | ||
enforcement
agency employing the officer shall designate which | ||
of the aforesaid tests shall
be administered. A urine test may | ||
be administered even after a blood or
breath test or both has | ||
been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, |
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(i) Chemical analysis of the person's blood, urine, | ||
breath, or
other bodily substance, to be considered valid | ||
under the provisions of this
Section, shall have been | ||
performed according to standards promulgated by the | ||
Department of State
Police
by an individual possessing a | ||
valid permit issued by that Department for this
purpose. | ||
The Director of State Police is authorized to approve | ||
satisfactory
techniques or methods, to ascertain the | ||
qualifications and competence of
individuals to conduct | ||
analyses, to issue permits that shall be subject to
| ||
termination or revocation at the direction of that | ||
Department, and to certify
the accuracy of breath testing | ||
equipment. The Department of
State Police shall prescribe | ||
regulations as necessary.
| ||
(ii) When a person submits to a blood test at the | ||
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a licensed physician assistant, a licensed | ||
advanced practice nurse, a registered nurse, or other | ||
qualified person
trained in venipuncture and acting under | ||
the direction of a licensed physician
may withdraw blood | ||
for the purpose of determining the alcohol content therein.
| ||
This limitation does not apply to the taking of breath or |
urine specimens.
| ||
(iii) The person tested may have a physician, qualified | ||
technician,
chemist, registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The failure | ||
or
inability to obtain an additional test by a person shall | ||
not preclude the
consideration of the previously performed | ||
chemical test.
| ||
(iv) Upon a request of the person who submits to a | ||
chemical test or
tests at the request of a law enforcement | ||
officer, full information concerning
the test or tests | ||
shall be made available to the person or that person's
| ||
attorney.
| ||
(v) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(vi) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, licensed physician assistant, licensed | ||
advanced practice nurse, registered nurse,
or other | ||
qualified person trained in venipuncture and
acting under | ||
the direction of a licensed physician shall
withdraw blood | ||
for testing purposes to ascertain the presence of alcohol | ||
upon
the specific request of a law enforcement officer. | ||
However, that testing
shall not be performed until, in the |
opinion of the medical personnel on 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 a refusal to submit to
the test, or submission to | ||
the test resulting in an alcohol concentration of
more than | ||
0.00, may result in the loss of that person's privilege to | ||
operate a
motor vehicle and may result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The loss of driving privileges shall be | ||
imposed in accordance
with Section 6-208.2 of this Code.
| ||
A person requested to submit to a test shall also | ||
acknowledge, in writing, receipt of the warning required under | ||
this Section. If the person refuses to acknowledge receipt of | ||
the warning, the law enforcement officer shall make a written | ||
notation on the warning that the person refused to sign the | ||
warning. A person's refusal to sign the warning shall not be | ||
evidence that the person was not read the warning. | ||
(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State, certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test
or |
tests or submitted to testing which disclosed an alcohol | ||
concentration of
more than 0.00. The law enforcement officer | ||
shall submit the same sworn report
when a person under the age | ||
of 21 submits to testing under Section
11-501.1 of this Code | ||
and the testing discloses an alcohol concentration of
more than | ||
0.00 and less than 0.08.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State 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. If this suspension is the
individual's first | ||
driver's license suspension under this Section, reports
| ||
received by the Secretary of State under this Section shall, | ||
except during the
time the suspension is in effect, be | ||
privileged information and for use only by
the courts, police | ||
officers, prosecuting authorities, the Secretary of State,
or | ||
the individual personally, unless the person is a CDL holder, | ||
is operating a commercial motor vehicle or vehicle required to | ||
be placarded for hazardous materials, in which case the | ||
suspension shall not be privileged.
Reports received by the | ||
Secretary of State under this Section shall also be made | ||
available to the parent or guardian of a person under the age | ||
of 18 years that holds an instruction permit or a graduated | ||
driver's license, regardless of whether the suspension is in | ||
effect.
|
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this suspension on the person | ||
and the suspension and disqualification shall
be effective on | ||
the 46th day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency 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 that person at his last known address and the loss | ||
of driving
privileges shall be effective on the 46th day | ||
following the date notice was
given.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State 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 and | ||
disqualification by requesting an
administrative hearing with | ||
the Secretary of State in accordance with Section
2-118 of this | ||
Code. An individual whose blood alcohol concentration is shown
|
to be more than 0.00 is not subject to this Section if he or she | ||
consumed
alcohol in the performance of a religious service or | ||
ceremony. An individual
whose blood alcohol concentration is | ||
shown to be more than 0.00 shall not be
subject to this Section | ||
if the individual's blood alcohol concentration
resulted only | ||
from ingestion of the prescribed or recommended dosage of
| ||
medicine that contained alcohol. The petition for that hearing | ||
shall not stay
or delay the effective date of the impending | ||
suspension. The scope of this
hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a motor vehicle upon the
public highways of the | ||
State and the police officer had reason to believe that
the | ||
person was in violation of any provision of the Illinois | ||
Vehicle Code or a
similar provision of a local ordinance; | ||
and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of the Illinois Vehicle Code or a | ||
similar provision of a local
ordinance; and
| ||
(3) whether the police officer had probable cause to | ||
believe that the
driver
had consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the |
officer that the
privilege to operate a motor vehicle would | ||
be suspended if the person refused
to submit to and | ||
complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration;
and
| ||
(5) whether the person, after being advised by the | ||
officer that the
privileges to operate a motor vehicle | ||
would be suspended if the person submits
to a chemical test | ||
or tests and the test or tests disclose an alcohol
| ||
concentration of more than 0.00, did submit to and
complete | ||
the
test or tests that determined an alcohol concentration | ||
of more than 0.00; and
| ||
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
| ||
At the conclusion of the hearing held under Section 2-118 | ||
of
this Code, the Secretary of State may rescind, continue, or | ||
modify the suspension and disqualification. If the Secretary of | ||
State does not rescind the suspension and disqualification, a
| ||
restricted driving permit may be granted by the Secretary of | ||
State upon
application being made and good cause shown. A |
restricted driving permit may be
granted to relieve undue | ||
hardship by allowing driving for employment,
educational, and | ||
medical purposes as outlined in item (3) of part (c) of
Section | ||
6-206 of this Code. The provisions of item (3) of part (c) of | ||
Section
6-206 of this Code and of subsection (f) of that | ||
Section shall apply. The Secretary of State shall promulgate | ||
rules
providing for participation in an alcohol education and | ||
awareness program or
activity, a drug education and awareness | ||
program or activity, or both as a
condition to the issuance of | ||
a restricted driving permit for suspensions
imposed under this | ||
Section.
| ||
(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results of the testing may be considered at a
hearing held | ||
under Section 2-118 of this Code. However, the results of
the | ||
testing may not be used to impose driver's license sanctions | ||
under
Section 11-501.1 of this Code. A law enforcement officer | ||
may, however, pursue
a statutory summary suspension or | ||
revocation of driving privileges under Section 11-501.1 of
this | ||
Code if other physical evidence or first hand knowledge forms | ||
the basis
of that suspension or revocation.
| ||
(g) This Section applies only to drivers who are under
age | ||
21 at the time of the issuance of a Uniform Traffic Ticket for | ||
a
violation of the Illinois Vehicle Code or a similar provision | ||
of a local
ordinance, and a chemical test request is made under |
this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, cancelling, or
disqualifying any license or
permit | ||
shall be
subject to judicial review in the Circuit Court of | ||
Sangamon County or in the
Circuit Court of Cook County, and the | ||
provisions of the Administrative Review
Law and its rules are | ||
hereby adopted and shall apply to and govern every action
for | ||
the judicial review of final acts or decisions of the Secretary | ||
of State
under this Section.
| ||
(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||
97-333, eff. 8-12-11; 97-450, eff. 8-19-11.) |