95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1724


 
Introduced 2/9/2007, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/11-501
  from Ch. 95 1/2, par. 11-501








    Amends the Illinois Vehicle Code. Provides that a person is in violation of the DUI statute if he or she is driving while under the influence of an intoxicating compound, of any other drug or drugs, or of any combination of alcohol, drugs, or intoxicating compounds, to a degree that his or her mental or physical faculties are so impaired as to reduce his or her ability to think and act with ordinary care (rather than to a degree that renders the person incapable of driving safely).
















LRB095 11144 DRH 31484 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1724

LRB095 11144 DRH 31484 b






1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7
    (Text of Section from P.A. 93-1093 and 94-963)
8
    Sec. 11-501. Driving while under the influence of alcohol, 
9
other drug or
drugs, intoxicating compound or compounds or any 
10
combination thereof.

11
    (a) A person shall not drive or be in actual
physical 
12
control of any vehicle within this State while:


13
        (1) the alcohol concentration in the person's blood or 
14
    breath is 0.08
or more based on the definition of blood and 
15
    breath units in Section 11-501.2;


16
        (2) under the influence of alcohol;


17
        (3) under the influence of any intoxicating compound or 
18
    combination of
intoxicating compounds to a degree that his 
19
    or her mental or physical faculties are so impaired as to 
20
    reduce his or her ability to think and act with ordinary 
21
    care
renders the person incapable of
driving safely;


22
        (4) under the influence of any other drug or 
23
    combination of drugs to a
degree that his or her mental or 
 


 






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    physical faculties are so impaired as to reduce his or her 
2
    ability to think and act with ordinary care
renders the 
3
    person incapable of safely driving;


4
        (5) under the combined influence of alcohol, other drug 
5
    or drugs, or
intoxicating compound or compounds to a degree 
6
    that his or her mental or physical faculties are so 
7
    impaired as to reduce his or her ability to think and act 
8
    with ordinary care
renders the person
incapable of safely 
9
    driving; or


10
        (6) there is any amount of a drug, substance, or 
11
    compound in the
person's breath, blood, or urine resulting 
12
    from the unlawful use or consumption
of cannabis listed in 
13
    the Cannabis Control Act, a controlled substance listed
in 
14
    the Illinois Controlled Substances Act, or an intoxicating 
15
    compound listed
in the Use of Intoxicating Compounds Act.


16
    (b) The fact that any person charged with violating this 
17
Section is or
has been legally entitled to use alcohol, other 
18
drug or drugs, or
intoxicating compound or compounds, or any

19
combination thereof,  shall not constitute a defense against any 
20
charge of
violating this Section.


21
    (b-1) With regard to penalties imposed under this Section:

22
        (1) Any reference to a prior violation of subsection 
23
    (a) or a similar
provision includes any violation of a 
24
    provision of a local ordinance or a
provision of a law of 
25
    another state that is similar to a violation of
subsection 
26
    (a) of this Section.

 


 






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1
        (2) Any penalty imposed for driving with a license that 
2
    has been revoked
for a previous violation of subsection (a) 
3
    of this Section shall be in
addition to the penalty imposed 
4
    for any subsequent violation of subsection (a).

5
    (b-2) Except as otherwise provided in this Section, any 
6
person convicted of
violating subsection (a) of this Section is 
7
guilty of a Class A misdemeanor.

8
    (b-3) In addition to any other criminal or administrative 
9
sanction for any
second conviction of violating subsection (a) 
10
or a similar provision committed
within 5 years of a previous 
11
violation of subsection (a) or a similar
provision, the 
12
defendant shall be sentenced to a mandatory minimum of 5 days 
13
of
imprisonment or assigned a mandatory minimum of 240 hours of 
14
community service
as may be determined by the court.

15
    (b-4) In the case of a third or subsequent violation 
16
committed within 5
years of a previous violation of subsection 
17
(a) or a similar provision, in
addition to any other criminal 
18
or administrative sanction, a mandatory minimum
term of either 
19
10 days of imprisonment or 480 hours of community service shall

20
be imposed.

21
    (b-5) The imprisonment or assignment of community service 
22
under subsections
(b-3) and (b-4) shall not be subject to 
23
suspension, nor shall the person be
eligible for a reduced 
24
sentence.


25
    (c) (Blank).



26
    (c-1) (1) A person who violates subsection (a)

during
a 
 


 






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1
    period in which his
or her driving privileges are revoked 
2
    or suspended, where the revocation or
suspension was for a 
3
    violation of subsection (a), Section
11-501.1, paragraph 
4
    (b)
of Section 11-401, or for reckless homicide as defined 
5
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

6
    Class 4 felony.


7
        (2) A person who violates subsection (a) a third
time, 
8
    if the third violation occurs during a period in
which his 
9
    or her driving privileges are revoked or suspended where 
10
    the
revocation
or suspension was for a violation of 
11
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
12
    11-401, or for reckless homicide as defined in Section 9-3

13
    of the Criminal Code of 1961, is guilty of
a Class 3 
14
    felony; and if the
person receives a term of
probation or 
15
    conditional discharge, he or she shall be required to serve 
16
    a
mandatory
minimum of 10 days of imprisonment or shall be 
17
    assigned a mandatory minimum of
480 hours of community 
18
    service, as may be determined by the court, as a
condition 
19
    of the probation or conditional discharge. This mandatory 
20
    minimum
term of imprisonment or assignment of community 
21
    service shall not be suspended
or reduced by the court.

22
        (2.2) A person who violates subsection (a), if the

23
    violation occurs during a period in which his or her 
24
    driving privileges are
revoked or suspended where the 
25
    revocation or suspension was for a violation of
subsection 
26
    (a) or Section 11-501.1, shall also be sentenced to an 
 


 






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    additional
mandatory minimum term of 30 consecutive days of 
2
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
3
    720 hours of community service, as may be
determined by the 
4
    court.  This mandatory term of imprisonment or assignment of

5
    community service shall  not be suspended or reduced by the 
6
    court.


7
        (3) A person who violates subsection (a) a fourth or

8
    subsequent time, if the fourth or subsequent violation 
9
    occurs
during a period in which his
or her driving 
10
    privileges are revoked or suspended where the revocation
or 
11
    suspension was for a violation of subsection (a),
Section 
12
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
13
    homicide as defined in
Section 9-3
of
the Criminal Code of 
14
    1961, is guilty of
a Class 2 felony and is not eligible for 
15
    a sentence of probation or
conditional discharge.


16
    (c-2) (Blank).


17
    (c-3) (Blank).



18
    (c-4) (Blank).

19
    (c-5)(1) A person who violates subsection (a), if the 
20
    person was transporting
a person under the age of 16 at the 
21
    time of the violation, is subject to an
additional 
22
    mandatory minimum fine of $1,000, an additional mandatory 
23
    minimum
140 hours of community service, which shall include 
24
    40 hours of community
service in a program benefiting 
25
    children, and an additional 2 days of
imprisonment. The 
26
    imprisonment or assignment of community service under this 
 


 






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    subdivision (c-5)(1) is not subject to suspension, nor is 
2
    the person eligible for
a reduced sentence.

3
        (2) Except as provided in subdivisions (c-5)(3) and 
4
    (c-5)(4) a person who
violates
subsection (a) a second 
5
    time, if at the time of
the second violation the person was 
6
    transporting a person under the age of 16,
is subject to an 
7
    additional 10 days of imprisonment, an additional 
8
    mandatory
minimum fine of $1,000, and an additional 
9
    mandatory minimum 140 hours of
community service, which 
10
    shall include 40 hours of community service in a
program 
11
    benefiting children.
The imprisonment or assignment of 
12
    community service under this subdivision (c-5)(2)

is not 
13
    subject to suspension, nor is the person eligible for a 
14
    reduced
sentence.

15
        (3) Except as provided in subdivision (c-5)(4), any 
16
    person convicted of
violating subdivision (c-5)(2) or a 
17
    similar
provision within 10 years of a previous violation 
18
    of subsection (a) or a
similar provision shall receive, in 
19
    addition to any other penalty imposed, a
mandatory minimum 
20
    12 days imprisonment, an additional 40 hours of mandatory

21
    community service in a program benefiting children, and a 
22
    mandatory minimum
fine of $1,750. The imprisonment or 
23
    assignment of community service under this subdivision 
24
    (c-5)(3) is not subject to suspension, nor is the person

25
    eligible for a reduced sentence.

26
        (4) Any person convicted of violating subdivision 
 


 






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    (c-5)(2) or a similar
provision within 5 years of a 
2
    previous violation of subsection (a) or a similar
provision 
3
    shall receive, in addition to any other penalty imposed, an

4
    additional 80 hours of mandatory community service in a 
5
    program benefiting
children, an additional mandatory 
6
    minimum 12 days of imprisonment, and a
mandatory minimum 
7
    fine of $1,750. The imprisonment or assignment of community

8
    service under this subdivision (c-5)(4)

is not subject to 
9
    suspension, nor
is the
person eligible for a reduced 
10
    sentence.

11
        (5) Any person convicted a third time for violating 
12
    subsection (a) or a
similar provision, if at the time of 
13
    the third violation the person was
transporting a person 
14
    under the age of 16, is guilty of a Class 4 felony and 
15
    shall
receive, in addition to any other
penalty imposed, an 
16
    additional mandatory fine of $1,000, an additional

17
    mandatory 140 hours of community service, which shall 
18
    include 40 hours in a
program benefiting children, and a 
19
    mandatory minimum 30 days of imprisonment.
The 
20
    imprisonment or assignment of community service under this 
21
    subdivision (c-5)(5)

is not subject to suspension, nor is 
22
    the person eligible for a reduced
sentence.

23
        (6) Any person convicted of violating subdivision 
24
    (c-5)(5) or a similar
provision a third time within 20 
25
    years of a previous violation of subsection
(a) or a

26
    similar provision is guilty of a Class 4 felony and shall 
 


 






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    receive, in addition
to any other penalty imposed, an 
2
    additional mandatory 40 hours of community
service in a 
3
    program benefiting children, an additional mandatory fine 
4
    of
$3,000, and a mandatory minimum 120 days of 
5
    imprisonment. The imprisonment or
assignment of community 
6
    service under this subdivision (c-5)(6) is not subject to

7
    suspension, nor is the person eligible for a reduced 
8
    sentence.

9
        (7) Any person convicted a fourth or subsequent time 
10
    for violating
subsection (a) or a similar provision, if at 
11
    the time of the fourth or
subsequent violation the person 
12
    was transporting a person under the age of 16,
and if the 
13
    person's 3 prior violations of subsection (a) or a
similar 
14
    provision
occurred while transporting a person under the 
15
    age of 16 or while the alcohol
concentration in his or her 
16
    blood, breath, or urine was 0.16 or more based
on the 
17
    definition of blood, breath, or urine units in Section 
18
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
19
    for probation or conditional
discharge, and is subject to a 
20
    minimum fine of $3,000.

21
    (c-6)(1) Any person convicted of a first violation of 
22
    subsection (a) or a
similar provision, if the alcohol 
23
    concentration in his or her blood, breath, or
urine was 
24
    0.16 or more based on the definition of blood, breath, or 
25
    urine
units in Section 11-501.2, shall be subject, in 
26
    addition to any other penalty
that may be imposed, to a 
 


 






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1
    mandatory minimum of 100 hours of community service
and a 
2
    mandatory minimum fine of $500.

3
        (2) Any person convicted of a second violation of 
4
    subsection (a) or a similar provision committed within 10 
5
    years of a previous violation of subsection (a) or a 
6
    similar provision, if at the time of the second violation 
7
    of subsection (a) or a similar provision the
alcohol 
8
    concentration in his or her blood, breath, or urine was 
9
    0.16 or more
based on the definition of blood, breath, or 
10
    urine units in Section 11-501.2,
shall be
subject, in 
11
    addition to any other penalty that may be imposed, to a 
12
    mandatory
minimum of 2 days of imprisonment and a mandatory 
13
    minimum fine of $1,250.

14
        (3) Any person convicted of a third violation of 
15
    subsection (a) or a
similar provision within 20 years of a 
16
    previous violation of subsection (a) or
a
similar 
17
    provision, if at the time of the third violation of 
18
    subsection (a) or a
similar provision the alcohol 
19
    concentration in his or her blood, breath, or
urine was 
20
    0.16 or more based on the definition of blood, breath, or 
21
    urine units
in Section 11-501.2, is guilty of a Class 4 
22
    felony and shall be subject, in
addition to any other 
23
    penalty that may be imposed, to a mandatory minimum of
90 
24
    days of imprisonment and a mandatory minimum fine of 
25
    $2,500.

26
        (4) Any person convicted of a fourth or subsequent 
 


 






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    violation of
subsection
(a) or a similar provision, if at 
2
    the time of the fourth or subsequent
violation the alcohol 
3
    concentration in his or her blood, breath, or urine was

4
    0.16 or more based on the definition of blood, breath, or 
5
    urine units in
Section 11-501.2, and if the person's 3 
6
    prior violations of subsection (a) or a
similar provision 
7
    occurred while transporting a person under the age of 16 or

8
    while the alcohol concentration in his or her blood, 
9
    breath, or urine was 0.16
or more based on the definition 
10
    of blood, breath, or urine units in Section
11-501.2, is 
11
    guilty of a Class 2 felony and is not eligible for a 
12
    sentence of
probation or conditional discharge and is 
13
    subject to a minimum fine of
$2,500.


14
    (d) (1) Every person convicted of committing a violation of 
15
    this Section
shall be guilty of aggravated driving under 
16
    the influence of alcohol,
other drug or drugs, or 
17
    intoxicating compound or compounds, or any combination

18
    thereof if:


19
            (A) the person committed a violation of subsection 
20
        (a) or a similar
provision for the
third or subsequent 
21
        time;


22
            (B) the person committed a violation of subsection 
23
        (a)
while
driving a school bus with persons 18 years of 
24
        age or younger

on board;


25
            (C) the person in committing a violation of 
26
        subsection
(a) was
involved in a motor vehicle accident 
 


 






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        that resulted in great bodily harm or
permanent 
2
        disability or disfigurement to another, when the 
3
        violation was
a proximate cause of the injuries;


4
            (D) the person committed a violation of subsection 
5
        (a)
for a
second time and has been previously convicted 
6
        of violating Section 9-3 of the
Criminal Code of 1961 
7
        or a similar provision of a law of another state 
8
        relating to reckless homicide in which the person was

9
        determined to have been under the influence of alcohol, 
10
        other drug or
drugs, or intoxicating compound or 
11
        compounds as an element of the offense or
the person 
12
        has previously been convicted
under subparagraph (C) 
13
        or subparagraph (F) of this paragraph (1);


14
            (E) the person, in committing a violation of 
15
        subsection (a) while
driving at any speed in a school 
16
        speed zone at a time when a speed limit of
20 miles per 
17
        hour was in effect under subsection (a) of Section 
18
        11-605 of
this Code, was involved in a motor vehicle 
19
        accident that resulted in bodily
harm, other than great 
20
        bodily harm or permanent disability or disfigurement,

21
        to another person, when the violation of subsection (a) 
22
        was a
proximate cause
of the bodily harm; or


23
            (F) the person, in committing a violation of 
24
        subsection (a), was
involved in a motor vehicle, 
25
        snowmobile, all-terrain vehicle, or watercraft

26
        accident that resulted in
the death of another person, 
 


 






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        when the violation of subsection
(a) was
a proximate 
2
        cause of the death.


3
        (2) Except as provided in this paragraph (2), a person 
4
    convicted of
aggravated driving under
the
influence of 
5
    alcohol, other drug or
drugs,
or intoxicating compound or 
6
    compounds, or any
combination thereof is guilty of a Class 
7
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
8
    (1) of this subsection (d), the defendant, if sentenced to 
9
    a term
of imprisonment, shall be sentenced
to not less than

10
    one year nor more than 12 years.
Aggravated driving under 
11
    the influence of alcohol, other drug or drugs,
or 
12
    intoxicating compound or compounds, or any combination 
13
    thereof as
defined in subparagraph (F) of paragraph (1) of 
14
    this subsection (d) is
a Class 2 felony, for which the 
15
    defendant, if sentenced to a term of
imprisonment, shall be 
16
    sentenced to: (A) a
term of imprisonment of not less than 3 
17
    years and not more
than 14 years if the violation resulted 
18
    in the death of one person; or
(B) a term of imprisonment 
19
    of not less than 6 years and not
more than 28 years if the 
20
    violation resulted in the deaths of 2 or more
persons.
For 
21
    any prosecution under this subsection
(d), a certified copy 
22
    of the
driving abstract of the defendant shall be admitted 
23
    as proof of any prior
conviction.
Any person sentenced 
24
    under this subsection (d) who receives a term of
probation

25
    or conditional discharge must serve a minimum term of 
26
    either 480 hours of
community service or 10 days of 
 


 






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1
    imprisonment as a condition of the probation or
conditional 
2
    discharge. This mandatory minimum term of imprisonment or

3
    assignment of community service may not be suspended or 
4
    reduced by the court.


5
    (e) After a finding of guilt and prior to any final 
6
sentencing, or an
order for supervision, for an offense based 
7
upon an arrest for a
violation of this Section or a similar 
8
provision of a local ordinance,
individuals shall be required 
9
to undergo a professional evaluation to
determine if an 
10
alcohol, drug, or intoxicating compound abuse problem exists

11
and the
extent of the problem, and undergo the imposition of 
12
treatment as appropriate.
Programs conducting these 
13
evaluations shall be
licensed by the Department of Human 
14
Services.  The cost of any professional
evaluation shall be paid 
15
for by the
individual
required to undergo the professional 
16
evaluation.


17
    (e-1) Any person who is found guilty of or pleads guilty to 
18
violating this
Section, including any person receiving a 
19
disposition of court supervision for
violating this Section, 
20
may be required by the Court to attend a victim
impact panel 
21
offered by, or under contract with, a County State's Attorney's

22
office, a probation and court services department, Mothers 
23
Against Drunk
Driving,
or the Alliance Against Intoxicated 
24
Motorists.
All costs generated by
the victim impact panel shall 
25
be paid from fees collected from the
offender or as may be 
26
determined by the court.


 


 






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1
    (f) Every person found guilty of violating this Section, 
2
whose
operation of a motor vehicle while in violation of this 
3
Section proximately
caused any incident resulting in an 
4
appropriate emergency response, shall
be liable for the expense 
5
of an emergency response as provided under
Section 5-5-3 of the 
6
Unified Code of Corrections.


7
    (g) The Secretary of State shall revoke the driving 
8
privileges of any
person convicted under this Section or a 
9
similar provision of a local
ordinance.


10
    (h) (Blank).



11
    (i) The Secretary of State shall require the use of 
12
ignition interlock
devices on all vehicles owned by an 
13
individual who has been convicted of a
second
or subsequent 
14
offense of this Section or a similar provision of a local

15
ordinance.  The Secretary shall establish by rule and regulation 
16
the procedures
for certification and use of the interlock 
17
system.


18
    (j) In addition to any other penalties and liabilities, a 
19
person who is
found guilty of or pleads guilty to violating 
20
subsection (a), including any
person placed on court 
21
supervision for violating subsection (a), shall be fined
$500, 
22
payable to the
circuit clerk, who shall distribute the money as 
23
follows: 20% to the law enforcement agency
that made the arrest 
24
and 80% shall be forwarded to the State Treasurer for deposit 
25
into the General Revenue Fund.  If the person has been 
26
previously convicted of violating
subsection (a) or a similar 
 


 






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1
provision of a local
ordinance, the fine shall be
$1,000.  In 
2
the event that more than one agency is responsible
for the 
3
arrest, the amount payable to law enforcement agencies  shall be 
4
shared equally.  Any moneys received
by a law
enforcement agency 
5
under this subsection (j) shall be used for enforcement and 
6
prevention of driving while under the influence of alcohol, 
7
other drug or drugs, intoxicating compound or compounds or any 
8
combination thereof, as defined by this Section, including but 
9
not limited to the purchase of law
enforcement equipment and 
10
commodities that will assist in the prevention of alcohol 
11
related
criminal violence throughout the State; police officer 
12
training and education in areas related to alcohol related 
13
crime, including but not limited to DUI training; and police 
14
officer salaries, including but not limited to salaries for 
15
hire back funding for safety checkpoints, saturation patrols, 
16
and liquor store sting operations.  Equipment and commodities 
17
shall include, but are not limited
to, in-car video cameras, 
18
radar and laser speed detection devices, and alcohol
breath 
19
testers.
Any moneys received by the Department of State Police 
20
under this subsection
(j) shall be deposited into the State 
21
Police DUI Fund and shall be used for enforcement and 
22
prevention of driving while under the influence of alcohol, 
23
other drug or drugs, intoxicating compound or compounds or any 
24
combination thereof, as defined by this Section, including but 
25
not limited to the

purchase of law enforcement equipment and 
26
commodities that will assist in the prevention of
alcohol 
 


 






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1
related criminal violence throughout the State; police officer 
2
training and education in areas related to alcohol related 
3
crime, including but not limited to DUI training; and police 
4
officer salaries, including but not limited to salaries for 
5
hire back funding for safety checkpoints, saturation patrols, 
6
and liquor store sting operations.


7
    (k) The Secretary of State Police DUI Fund is created as a 
8
special
fund in the State treasury. All moneys received by the 
9
Secretary of State
Police under subsection (j) of this Section 
10
shall be deposited into the
Secretary of State Police DUI Fund 
11
and, subject to appropriation, shall be
used for enforcement 
12
and prevention of driving while under the influence of alcohol, 
13
other drug or drugs, intoxicating compound or compounds or any 
14
combination thereof, as defined by this Section, including but 
15
not limited to the purchase of law enforcement equipment and 
16
commodities to assist in the prevention of
alcohol related 
17
criminal violence throughout the State; police officer 
18
training and education in areas related to alcohol related 
19
crime, including but not limited to DUI training; and police 
20
officer salaries, including but not limited to salaries for 
21
hire back funding for safety checkpoints, saturation patrols, 
22
and liquor store sting operations.


23
    (l) Whenever an individual is sentenced for an offense 
24
based upon an
arrest for a violation of subsection (a) or a 
25
similar provision of a local
ordinance, and the professional 
26
evaluation recommends remedial or
rehabilitative treatment or 
 


 






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1
education, neither the treatment nor the education
shall be the 
2
sole disposition and either or both may be imposed only in

3
conjunction with another disposition. The court shall monitor 
4
compliance with
any remedial education or treatment 
5
recommendations contained in the
professional evaluation. 
6
Programs conducting alcohol or other drug evaluation
or 
7
remedial education must be licensed by the Department of Human 
8
Services. If
the individual is not a resident of Illinois, 
9
however, the court may accept an
alcohol or other drug 
10
evaluation or remedial education program in the
individual's 
11
state of residence.  Programs providing treatment must be 
12
licensed
under existing applicable alcoholism and drug 
13
treatment licensure standards.

14
    (m) In addition to any other fine or penalty required by 
15
law, an individual
convicted of a violation of subsection (a), 
16
Section 5-7 of the Snowmobile
Registration and Safety Act, 
17
Section 5-16 of the Boat Registration and Safety
Act, or a 
18
similar provision, whose operation of a motor vehicle, 
19
snowmobile, or
watercraft while in
violation of subsection (a), 
20
Section 5-7 of the Snowmobile Registration and
Safety Act, 
21
Section 5-16 of the Boat Registration and Safety Act, or a 
22
similar
provision proximately caused an incident resulting in 
23
an appropriate emergency
response, shall be required to make 
24
restitution to a public agency for the
costs of that emergency 
25
response. The restitution may not exceed $1,000 per
public 
26
agency for each emergency response. As used in this subsection 
 


 






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1
(m),
"emergency response" means any incident requiring a 
2
response by a police
officer, a firefighter carried on the 
3
rolls of a regularly constituted fire
department, or an 
4
ambulance.


5
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
6
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
7
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. 
8
6-28-06.)

 
9
    (Text of Section from P.A. 94-110 and 94-963)
10
    Sec. 11-501. Driving while under the influence of alcohol, 
11
other drug or
drugs, intoxicating compound or compounds or any 
12
combination thereof.

13
    (a) A person shall not drive or be in actual
physical 
14
control of any vehicle within this State while:


15
        (1) the alcohol concentration in the person's blood or 
16
    breath is 0.08
or more based on the definition of blood and 
17
    breath units in Section 11-501.2;


18
        (2) under the influence of alcohol;


19
        (3) under the influence of any intoxicating compound or 
20
    combination of
intoxicating compounds to a degree that his 
21
    or her mental or physical faculties are so impaired as to 
22
    reduce his or her ability to think and act with ordinary 
23
    care
renders the person incapable of
driving safely;


24
        (4) under the influence of any other drug or 
25
    combination of drugs to a
degree that his or her mental or 
 


 






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1
    physical faculties are so impaired as to reduce his or her 
2
    ability to think and act with ordinary care
renders the 
3
    person incapable of safely driving;


4
        (5) under the combined influence of alcohol, other drug 
5
    or drugs, or
intoxicating compound or compounds to a degree 
6
    that his or her mental or physical faculties are so 
7
    impaired as to reduce his or her ability to think and act 
8
    with ordinary care
renders the person
incapable of safely 
9
    driving; or


10
        (6) there is any amount of a drug, substance, or 
11
    compound in the
person's breath, blood, or urine resulting 
12
    from the unlawful use or consumption
of cannabis listed in 
13
    the Cannabis Control Act, a controlled substance listed
in 
14
    the Illinois Controlled Substances Act, or an intoxicating 
15
    compound listed
in the Use of Intoxicating Compounds Act.


16
    (b) The fact that any person charged with violating this 
17
Section is or
has been legally entitled to use alcohol, other 
18
drug or drugs, or
intoxicating compound or compounds, or any

19
combination thereof,  shall not constitute a defense against any 
20
charge of
violating this Section.


21
    (b-1) With regard to penalties imposed under this Section:

22
        (1) Any reference to a prior violation of subsection 
23
    (a) or a similar
provision includes any violation of a 
24
    provision of a local ordinance or a
provision of a law of 
25
    another state that is similar to a violation of
subsection 
26
    (a) of this Section.

 


 






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1
        (2) Any penalty imposed for driving with a license that 
2
    has been revoked
for a previous violation of subsection (a) 
3
    of this Section shall be in
addition to the penalty imposed 
4
    for any subsequent violation of subsection (a).

5
    (b-2) Except as otherwise provided in this Section, any 
6
person convicted of
violating subsection (a) of this Section is 
7
guilty of a Class A misdemeanor.

8
    (b-3) In addition to any other criminal or administrative 
9
sanction for any
second conviction of violating subsection (a) 
10
or a similar provision committed
within 5 years of a previous 
11
violation of subsection (a) or a similar
provision, the 
12
defendant shall be sentenced to a mandatory minimum of 5 days 
13
of
imprisonment or assigned a mandatory minimum of 240 hours of 
14
community service
as may be determined by the court.

15
    (b-4) In the case of a third or subsequent violation 
16
committed within 5
years of a previous violation of subsection 
17
(a) or a similar provision, in
addition to any other criminal 
18
or administrative sanction, a mandatory minimum
term of either 
19
10 days of imprisonment or 480 hours of community service shall

20
be imposed.

21
    (b-5) The imprisonment or assignment of community service 
22
under subsections
(b-3) and (b-4) shall not be subject to 
23
suspension, nor shall the person be
eligible for a reduced 
24
sentence.


25
    (c) (Blank).



26
    (c-1) (1) A person who violates subsection (a)

during
a 
 


 






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1
    period in which his
or her driving privileges are revoked 
2
    or suspended, where the revocation or
suspension was for a 
3
    violation of subsection (a), Section
11-501.1, paragraph 
4
    (b)
of Section 11-401, or for reckless homicide as defined 
5
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

6
    Class 4 felony.


7
        (2) A person who violates subsection (a) a third
time, 
8
    if the third violation occurs during a period in
which his 
9
    or her driving privileges are revoked or suspended where 
10
    the
revocation
or suspension was for a violation of 
11
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
12
    11-401, or for reckless homicide as defined in Section 9-3

13
    of the Criminal Code of 1961, is guilty of
a Class 3 
14
    felony; and if the
person receives a term of
probation or 
15
    conditional discharge, he or she shall be required to serve 
16
    a
mandatory
minimum of 10 days of imprisonment or shall be 
17
    assigned a mandatory minimum of
480 hours of community 
18
    service, as may be determined by the court, as a
condition 
19
    of the probation or conditional discharge. This mandatory 
20
    minimum
term of imprisonment or assignment of community 
21
    service shall not be suspended
or reduced by the court.

22
        (2.2) A person who violates subsection (a), if the

23
    violation occurs during a period in which his or her 
24
    driving privileges are
revoked or suspended where the 
25
    revocation or suspension was for a violation of
subsection 
26
    (a) or Section 11-501.1, shall also be sentenced to an 
 


 






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1
    additional
mandatory minimum term of 30 consecutive days of 
2
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
3
    720 hours of community service, as may be
determined by the 
4
    court.  This mandatory term of imprisonment or assignment of

5
    community service shall  not be suspended or reduced by the 
6
    court.


7
        (3) A person who violates subsection (a) a fourth or

8
    subsequent time, if the fourth or subsequent violation 
9
    occurs
during a period in which his
or her driving 
10
    privileges are revoked or suspended where the revocation
or 
11
    suspension was for a violation of subsection (a),
Section 
12
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
13
    homicide as defined in
Section 9-3
of
the Criminal Code of 
14
    1961, is guilty of
a Class 2 felony and is not eligible for 
15
    a sentence of probation or
conditional discharge.


16
    (c-2) (Blank).


17
    (c-3) (Blank).



18
    (c-4) (Blank).

19
    (c-5) Except as provided in subsection (c-5.1), a person 21 
20
years of age or older who violates subsection (a), if the 
21
person was transporting
a person under the age of 16 at the 
22
time of the violation, is subject to 6 months of imprisonment, 
23
an
additional mandatory minimum fine of $1,000, and 25 days of 
24
community service in a program benefiting children. The 
25
imprisonment or assignment of community service under this

26
subsection (c-5) is not subject to suspension, nor is the 
 


 






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1
person eligible for
a reduced sentence.

2
    (c-5.1) A person 21 years of age or older who is convicted 
3
of violating subsection (a) of this Section
a
first time and 
4
who in committing that violation was involved in a motor 
5
vehicle
accident that resulted in bodily harm to the child 
6
under the age of 16 being
transported by the person, if the 
7
violation was the proximate cause of the
injury, is guilty of a 
8
Class 4 felony and is subject to one year of
imprisonment,
a 
9
mandatory fine of $2,500, and 25 days of community service in a 
10
program
benefiting children. The imprisonment or assignment to 
11
community service under
this subsection (c-5.1) shall not be 
12
subject to suspension, nor shall the person be
eligible for 
13
probation in order to reduce the sentence or assignment.

14
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
15
a person 21 years of age or older who
violates
subsection (a) a 
16
second time, if at the time of
the second violation the person 
17
was transporting a person under the age of 16,
is subject to 6 
18
months of imprisonment, an additional mandatory
minimum fine of 
19
$1,000, and an additional mandatory minimum 140 hours of

20
community service, which shall include 40 hours of community 
21
service in a
program benefiting children.
The imprisonment or 
22
assignment of community service under this subsection (c-6)
is 
23
not subject to suspension, nor is the person eligible for a 
24
reduced
sentence.

25
    (c-7) Except as provided in subsection (c-7.1), any person 
26
21 years of age or older convicted of
violating subsection 
 


 






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1
(c-6) or a similar
provision within 10 years of a previous 
2
violation of subsection (a) or a
similar provision is guilty of 
3
a Class 4 felony and, in addition to any other penalty imposed, 
4
is subject to one year of

imprisonment, 25 days of mandatory

5
community service in a program benefiting children, and a 
6
mandatory
fine of $2,500. The imprisonment or assignment of 
7
community service under this
subsection (c-7) is not subject to 
8
suspension, nor is the person
eligible for a reduced sentence.

9
    (c-7.1) A person 21 years of age or older who is convicted 
10
of violating subsection (a) of this Section
a
second time 
11
within 10 years and who in committing that violation was 
12
involved
in a motor vehicle accident that resulted in bodily 
13
harm to the child under the
age of 16 being transported, if the 
14
violation was the proximate cause of the
injury, is guilty of a 
15
Class 4 felony and is subject to 18 months of
imprisonment, a

16
mandatory fine of $5,000, and 25 days of community service in a 
17
program
benefiting
children. The imprisonment or assignment to 
18
community service under this
subsection
(c-7.1) shall not be 
19
subject to suspension, nor shall the person be eligible for

20
probation in order
to reduce the sentence or assignment.

21
    (c-8) (Blank).

22
    (c-9)  Any person 21 years of age or older convicted a third 
23
time for violating subsection (a) or a
similar provision, if at 
24
the time of the third violation the person was
transporting a 
25
person under the age of 16, is guilty of a Class 4 felony and is 
26
subject to 18 months of imprisonment, a mandatory fine of 
 


 






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1
$2,500, and 25 days  of community service in a
program 
2
benefiting children.
The imprisonment or assignment of 
3
community service under this subsection (c-9)
is not subject to 
4
suspension, nor is the person eligible for a reduced
sentence.

5
    (c-10) Any person 21 years of age or older convicted of 
6
violating subsection (c-9) or a similar
provision a third time 
7
within 20 years of a previous violation of subsection
(a) or a

8
similar provision is guilty of a Class 3 felony and, in 
9
addition
to any other penalty imposed, is subject to 3 years of 
10
imprisonment, 25 days of community
service in a program 
11
benefiting children, and a mandatory fine of
$25,000. The 
12
imprisonment or
assignment of community service under this 
13
subsection (c-10) is not subject to
suspension, nor is the 
14
person eligible for a reduced sentence.

15
    (c-11) Any person 21 years of age or older convicted a 
16
fourth or subsequent time for violating
subsection (a) or a 
17
similar provision, if at the time of the fourth or
subsequent 
18
violation the person was transporting a person under the age of 
19
16,
and if the person's 3 prior violations of subsection (a) or 
20
a similar provision
occurred while transporting a person under 
21
the age of 16 or while the alcohol
concentration in his or her 
22
blood, breath, or urine was 0.16 or more based
on the 
23
definition of blood, breath, or urine units in Section 
24
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
25
probation or conditional
discharge, and is subject to a minimum 
26
fine of $25,000.

 


 






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1
    (c-12) Any person convicted of a first violation of 
2
subsection (a) or a
similar provision, if the alcohol 
3
concentration in his or her blood, breath, or
urine was 0.16 or 
4
more based on the definition of blood, breath, or urine
units 
5
in Section 11-501.2, shall be subject, in addition to any other 
6
penalty
that may be imposed, to a mandatory minimum of 100 
7
hours of community service
and a mandatory minimum fine of 
8
$500.

9
    (c-13) Any person convicted of a second violation of 
10
subsection (a) or a similar provision committed within 10 years 
11
of a previous violation of subsection (a) or a similar 
12
provision, if at the time of the second violation of subsection 
13
(a) or a similar provision the
alcohol concentration in his or 
14
her blood, breath, or urine was 0.16 or more
based on the 
15
definition of blood, breath, or urine units in Section 
16
11-501.2,
shall be
subject, in addition to any other penalty 
17
that may be imposed, to a mandatory
minimum of 2 days of 
18
imprisonment and a mandatory minimum fine of $1,250.

19
    (c-14) Any person convicted of a third violation of 
20
subsection (a) or a
similar provision within 20 years of a 
21
previous violation of subsection (a) or
a
similar provision, if 
22
at the time of the third violation of subsection (a) or a

23
similar provision the alcohol concentration in his or her 
24
blood, breath, or
urine was 0.16 or more based on the 
25
definition of blood, breath, or urine units
in Section 
26
11-501.2, is guilty of a Class 4 felony and shall be subject, 
 


 






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1
in
addition to any other penalty that may be imposed, to a 
2
mandatory minimum of
90 days of imprisonment and a mandatory 
3
minimum fine of $2,500.

4
    (c-15) Any person convicted of a fourth or subsequent 
5
violation of
subsection
(a) or a similar provision, if at the 
6
time of the fourth or subsequent
violation the alcohol 
7
concentration in his or her blood, breath, or urine was
0.16 or 
8
more based on the definition of blood, breath, or urine units 
9
in
Section 11-501.2, and if the person's 3 prior violations of 
10
subsection (a) or a
similar provision occurred while 
11
transporting a person under the age of 16 or
while the alcohol 
12
concentration in his or her blood, breath, or urine was 0.16
or 
13
more based on the definition of blood, breath, or urine units 
14
in Section
11-501.2, is guilty of a Class 2 felony and is not 
15
eligible for a sentence of
probation or conditional discharge 
16
and is subject to a minimum fine of
$2,500.


17
    (d) (1) Every person convicted of committing a violation of 
18
    this Section
shall be guilty of aggravated driving under 
19
    the influence of alcohol,
other drug or drugs, or 
20
    intoxicating compound or compounds, or any combination

21
    thereof if:


22
            (A) the person committed a violation of subsection 
23
        (a) or a similar
provision for the
third or subsequent 
24
        time;


25
            (B) the person committed a violation of subsection 
26
        (a)
while
driving a school bus with persons 18 years of 
 


 






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1
        age or younger

on board;


2
            (C) the person in committing a violation of 
3
        subsection
(a) was
involved in a motor vehicle accident 
4
        that resulted in great bodily harm or
permanent 
5
        disability or disfigurement to another, when the 
6
        violation was
a proximate cause of the injuries;


7
            (D) the person committed a violation of subsection 
8
        (a)
for a
second time and has been previously convicted 
9
        of violating Section 9-3 of the
Criminal Code of 1961 
10
        or a similar provision of a law of another state 
11
        relating to reckless homicide in which the person was

12
        determined to have been under the influence of alcohol, 
13
        other drug or
drugs, or intoxicating compound or 
14
        compounds as an element of the offense or
the person 
15
        has previously been convicted
under subparagraph (C) 
16
        or subparagraph (F) of this paragraph (1);


17
            (E) the person, in committing a violation of 
18
        subsection (a) while
driving at any speed in a school 
19
        speed zone at a time when a speed limit of
20 miles per 
20
        hour was in effect under subsection (a) of Section 
21
        11-605 of
this Code, was involved in a motor vehicle 
22
        accident that resulted in bodily
harm, other than great 
23
        bodily harm or permanent disability or disfigurement,

24
        to another person, when the violation of subsection (a) 
25
        was a
proximate cause
of the bodily harm; or


26
            (F) the person, in committing a violation of 
 


 






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1
        subsection (a), was
involved in a motor vehicle, 
2
        snowmobile, all-terrain vehicle, or watercraft

3
        accident that resulted in
the death of another person, 
4
        when the violation of subsection
(a) was
a proximate 
5
        cause of the death.


6
        (2) Except as provided in this paragraph (2), a person 
7
    convicted of
aggravated driving under
the
influence of 
8
    alcohol, other drug or
drugs,
or intoxicating compound or 
9
    compounds, or any
combination thereof is guilty of a Class 
10
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
11
    (1) of this subsection (d), the defendant, if sentenced to 
12
    a term
of imprisonment, shall be sentenced
to not less than

13
    one year nor more than 12 years.
Aggravated driving under 
14
    the influence of alcohol, other drug or drugs,
or 
15
    intoxicating compound or compounds, or any combination 
16
    thereof as
defined in subparagraph (F) of paragraph (1) of 
17
    this subsection (d) is
a Class 2 felony, for which the 
18
    defendant, if sentenced to a term of
imprisonment, shall be 
19
    sentenced to: (A) a
term of imprisonment of not less than 3 
20
    years and not more
than 14 years if the violation resulted 
21
    in the death of one person; or
(B) a term of imprisonment 
22
    of not less than 6 years and not
more than 28 years if the 
23
    violation resulted in the deaths of 2 or more
persons.
For 
24
    any prosecution under this subsection
(d), a certified copy 
25
    of the
driving abstract of the defendant shall be admitted 
26
    as proof of any prior
conviction.
Any person sentenced 
 


 






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1
    under this subsection (d) who receives a term of
probation

2
    or conditional discharge must serve a minimum term of 
3
    either 480 hours of
community service or 10 days of 
4
    imprisonment as a condition of the probation or
conditional 
5
    discharge. This mandatory minimum term of imprisonment or

6
    assignment of community service may not be suspended or 
7
    reduced by the court.


8
    (e) After a finding of guilt and prior to any final 
9
sentencing, or an
order for supervision, for an offense based 
10
upon an arrest for a
violation of this Section or a similar 
11
provision of a local ordinance,
individuals shall be required 
12
to undergo a professional evaluation to
determine if an 
13
alcohol, drug, or intoxicating compound abuse problem exists

14
and the
extent of the problem, and undergo the imposition of 
15
treatment as appropriate.
Programs conducting these 
16
evaluations shall be
licensed by the Department of Human 
17
Services.  The cost of any professional
evaluation shall be paid 
18
for by the
individual
required to undergo the professional 
19
evaluation.


20
    (e-1) Any person who is found guilty of or pleads guilty to 
21
violating this
Section, including any person receiving a 
22
disposition of court supervision for
violating this Section, 
23
may be required by the Court to attend a victim
impact panel 
24
offered by, or under contract with, a County State's Attorney's

25
office, a probation and court services department, Mothers 
26
Against Drunk
Driving,
or the Alliance Against Intoxicated 
 


 






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1
Motorists.
All costs generated by
the victim impact panel shall 
2
be paid from fees collected from the
offender or as may be 
3
determined by the court.


4
    (f) Every person found guilty of violating this Section, 
5
whose
operation of a motor vehicle while in violation of this 
6
Section proximately
caused any incident resulting in an 
7
appropriate emergency response, shall
be liable for the expense 
8
of an emergency response as provided under
Section 5-5-3 of the 
9
Unified Code of Corrections.


10
    (g) The Secretary of State shall revoke the driving 
11
privileges of any
person convicted under this Section or a 
12
similar provision of a local
ordinance.


13
    (h) (Blank).



14
    (i) The Secretary of State shall require the use of 
15
ignition interlock
devices on all vehicles owned by an 
16
individual who has been convicted of a
second
or subsequent 
17
offense of this Section or a similar provision of a local

18
ordinance.  The Secretary shall establish by rule and regulation 
19
the procedures
for certification and use of the interlock 
20
system.


21
    (j) In addition to any other penalties and liabilities, a 
22
person who is
found guilty of or pleads guilty to violating 
23
subsection (a), including any
person placed on court 
24
supervision for violating subsection (a), shall be fined
$500, 
25
payable to the
circuit clerk, who shall distribute the money as 
26
follows: 20% to the law enforcement agency
that made the arrest 
 


 






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1
and 80% shall be forwarded to the State Treasurer for deposit 
2
into the General Revenue Fund.  If the person has been 
3
previously convicted of violating
subsection (a) or a similar 
4
provision of a local
ordinance, the fine shall be
$1,000.  In 
5
the event that more than one agency is responsible
for the 
6
arrest, the amount payable to law enforcement agencies  shall be 
7
shared equally.  Any moneys received
by a law
enforcement agency 
8
under this subsection (j) shall be used for enforcement and 
9
prevention of driving while under the influence of alcohol, 
10
other drug or drugs, intoxicating compound or compounds or any 
11
combination thereof, as defined by this Section, including but 
12
not limited to the purchase of law
enforcement equipment and 
13
commodities that will assist in the prevention of alcohol 
14
related
criminal violence throughout the State; police officer 
15
training and education in areas related to alcohol related 
16
crime, including but not limited to DUI training; and police 
17
officer salaries, including but not limited to salaries for 
18
hire back funding for safety checkpoints, saturation patrols, 
19
and liquor store sting operations. Equipment and commodities 
20
shall include, but are not limited
to, in-car video cameras, 
21
radar and laser speed detection devices, and alcohol
breath 
22
testers.
Any moneys received by the Department of State Police 
23
under this subsection
(j) shall be deposited into the State 
24
Police DUI Fund and shall be used for enforcement and 
25
prevention of driving while under the influence of alcohol, 
26
other drug or drugs, intoxicating compound or compounds or any 
 


 






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1
combination thereof, as defined by this Section, including but 
2
not limited to the

purchase of law enforcement equipment and 
3
commodities that will assist in the prevention of
alcohol 
4
related criminal violence throughout the State; police officer 
5
training and education in areas related to alcohol related 
6
crime, including but not limited to DUI training; and police 
7
officer salaries, including but not limited to salaries for 
8
hire back funding for safety checkpoints, saturation patrols, 
9
and liquor store sting operations.


10
    (k) The Secretary of State Police DUI Fund is created as a 
11
special
fund in the State treasury. All moneys received by the 
12
Secretary of State
Police under subsection (j) of this Section 
13
shall be deposited into the
Secretary of State Police DUI Fund 
14
and, subject to appropriation, shall be
used for enforcement 
15
and prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the purchase of law enforcement equipment and 
19
commodities to assist in the prevention of
alcohol related 
20
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations.


26
    (l) Whenever an individual is sentenced for an offense 
 


 






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1
based upon an
arrest for a violation of subsection (a) or a 
2
similar provision of a local
ordinance, and the professional 
3
evaluation recommends remedial or
rehabilitative treatment or 
4
education, neither the treatment nor the education
shall be the 
5
sole disposition and either or both may be imposed only in

6
conjunction with another disposition. The court shall monitor 
7
compliance with
any remedial education or treatment 
8
recommendations contained in the
professional evaluation. 
9
Programs conducting alcohol or other drug evaluation
or 
10
remedial education must be licensed by the Department of Human 
11
Services. If
the individual is not a resident of Illinois, 
12
however, the court may accept an
alcohol or other drug 
13
evaluation or remedial education program in the
individual's 
14
state of residence.  Programs providing treatment must be 
15
licensed
under existing applicable alcoholism and drug 
16
treatment licensure standards.

17
    (m) In addition to any other fine or penalty required by 
18
law, an individual
convicted of a violation of subsection (a), 
19
Section 5-7 of the Snowmobile
Registration and Safety Act, 
20
Section 5-16 of the Boat Registration and Safety
Act, or a 
21
similar provision, whose operation of a motor vehicle, 
22
snowmobile, or
watercraft while in
violation of subsection (a), 
23
Section 5-7 of the Snowmobile Registration and
Safety Act, 
24
Section 5-16 of the Boat Registration and Safety Act, or a 
25
similar
provision proximately caused an incident resulting in 
26
an appropriate emergency
response, shall be required to make 
 


 






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1
restitution to a public agency for the
costs of that emergency 
2
response. The restitution may not exceed $1,000 per
public 
3
agency for each emergency response. As used in this subsection 
4
(m),
"emergency response" means any incident requiring a 
5
response by a police
officer, a firefighter carried on the 
6
rolls of a regularly constituted fire
department, or an 
7
ambulance.


8
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
9
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
10
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. 
11
6-28-06.)

 
12
    (Text of Section from P.A. 94-113, 94-609, and 94-963)
13
    Sec. 11-501. Driving while under the influence of alcohol, 
14
other drug or
drugs, intoxicating compound or compounds or any 
15
combination thereof.

16
    (a) A person shall not drive or be in actual
physical 
17
control of any vehicle within this State while:


18
        (1) the alcohol concentration in the person's blood or 
19
    breath is 0.08
or more based on the definition of blood and 
20
    breath units in Section 11-501.2;


21
        (2) under the influence of alcohol;


22
        (3) under the influence of any intoxicating compound or 
23
    combination of
intoxicating compounds to a degree that his 
24
    or her mental or physical faculties are so impaired as to 
25
    reduce his or her ability to think and act with ordinary 
 


 






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1
    care
renders the person incapable of
driving safely;


2
        (4) under the influence of any other drug or 
3
    combination of drugs to a
degree that his or her mental or 
4
    physical faculties are so impaired as to reduce his or her 
5
    ability to think and act with ordinary care
renders the 
6
    person incapable of safely driving;


7
        (5) under the combined influence of alcohol, other drug 
8
    or drugs, or
intoxicating compound or compounds to a degree 
9
    that his or her mental or physical faculties are so 
10
    impaired as to reduce his or her ability to think and act 
11
    with ordinary care
renders the person
incapable of safely 
12
    driving; or


13
        (6) there is any amount of a drug, substance, or 
14
    compound in the
person's breath, blood, or urine resulting 
15
    from the unlawful use or consumption
of cannabis listed in 
16
    the Cannabis Control Act, a controlled substance listed
in 
17
    the Illinois Controlled Substances Act, or an intoxicating 
18
    compound listed
in the Use of Intoxicating Compounds Act.


19
    (b) The fact that any person charged with violating this 
20
Section is or
has been legally entitled to use alcohol, other 
21
drug or drugs, or
intoxicating compound or compounds, or any

22
combination thereof,  shall not constitute a defense against any 
23
charge of
violating this Section.


24
    (b-1) With regard to penalties imposed under this Section:

25
        (1) Any reference to a prior violation of subsection 
26
    (a) or a similar
provision includes any violation of a 
 


 






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1
    provision of a local ordinance or a
provision of a law of 
2
    another state that is similar to a violation of
subsection 
3
    (a) of this Section.

4
        (2) Any penalty imposed for driving with a license that 
5
    has been revoked
for a previous violation of subsection (a) 
6
    of this Section shall be in
addition to the penalty imposed 
7
    for any subsequent violation of subsection (a).

8
    (b-2) Except as otherwise provided in this Section, any 
9
person convicted of
violating subsection (a) of this Section is 
10
guilty of a Class A misdemeanor.

11
    (b-3) In addition to any other criminal or administrative 
12
sanction for any
second conviction of violating subsection (a) 
13
or a similar provision committed
within 5 years of a previous 
14
violation of subsection (a) or a similar
provision, the 
15
defendant shall be sentenced to a mandatory minimum of 5 days 
16
of
imprisonment or assigned a mandatory minimum of 240 hours of 
17
community service
as may be determined by the court.

18
    (b-4) In the case of a third or subsequent violation 
19
committed within 5
years of a previous violation of subsection 
20
(a) or a similar provision, in
addition to any other criminal 
21
or administrative sanction, a mandatory minimum
term of either 
22
10 days of imprisonment or 480 hours of community service shall

23
be imposed.

24
    (b-5) The imprisonment or assignment of community service 
25
under subsections
(b-3) and (b-4) shall not be subject to 
26
suspension, nor shall the person be
eligible for a reduced 
 


 






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1
sentence.


2
    (c) (Blank).



3
    (c-1) (1) A person who violates subsection (a)

during
a 
4
    period in which his
or her driving privileges are revoked 
5
    or suspended, where the revocation or
suspension was for a 
6
    violation of subsection (a), Section
11-501.1, paragraph 
7
    (b)
of Section 11-401, or for reckless homicide as defined 
8
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

9
    Class 4 felony.


10
        (2) A person who violates subsection (a) a third
time, 
11
    if the third violation occurs during a period in
which his 
12
    or her driving privileges are revoked or suspended where 
13
    the
revocation
or suspension was for a violation of 
14
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
15
    11-401, or for reckless homicide as defined in Section 9-3

16
    of the Criminal Code of 1961, is guilty of
a Class 3 
17
    felony.
18
        (2.1) A person who violates subsection (a) a third 
19
    time, if the third
violation occurs during a period in 
20
    which his or her driving privileges are
revoked or 
21
    suspended where the revocation or suspension was for a 
22
    violation of
subsection (a), Section 11-501.1, subsection 
23
    (b) of Section 11-401, or for
reckless homicide as defined 
24
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
25
    Class 3 felony; and if the
person receives a term of

26
    probation or conditional discharge, he or she shall be 
 


 






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1
    required to serve a
mandatory
minimum of 10 days of 
2
    imprisonment or shall be assigned a mandatory minimum of

3
    480 hours of community service, as may be determined by the 
4
    court, as a
condition of the probation or conditional 
5
    discharge. This mandatory minimum
term of imprisonment or 
6
    assignment of community service shall not be suspended
or 
7
    reduced by the court.

8
        (2.2) A person who violates subsection (a), if the

9
    violation occurs during a period in which his or her 
10
    driving privileges are
revoked or suspended where the 
11
    revocation or suspension was for a violation of
subsection 
12
    (a) or Section 11-501.1, shall also be sentenced to an 
13
    additional
mandatory minimum term of 30 consecutive days of 
14
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
15
    720 hours of community service, as may be
determined by the 
16
    court.  This mandatory term of imprisonment or assignment of

17
    community service shall  not be suspended or reduced by the 
18
    court.


19
        (3) A person who violates subsection (a) a fourth or

20
    subsequent time, if the fourth or subsequent violation 
21
    occurs
during a period in which his
or her driving 
22
    privileges are revoked or suspended where the revocation
or 
23
    suspension was for a violation of subsection (a),
Section 
24
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
25
    homicide as defined in
Section 9-3
of
the Criminal Code of 
26
    1961, is guilty of
a Class 2 felony and is not eligible for 
 


 






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1
    a sentence of probation or
conditional discharge.


2
    (c-2) (Blank).


3
    (c-3) (Blank).



4
    (c-4) (Blank).

5
    (c-5) A person who violates subsection (a), if the person 
6
was transporting
a person under the age of 16 at the time of 
7
the violation, is subject to an
additional mandatory minimum 
8
fine of $1,000, an additional mandatory minimum
140 hours of 
9
community service, which shall include 40 hours of community

10
service in a program benefiting children, and an additional 2 
11
days of
imprisonment. The imprisonment or assignment of 
12
community service under this
subsection (c-5) is not subject to 
13
suspension, nor is the person eligible for
a reduced sentence.

14
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
15
person who
violates
subsection (a) a second time, if at the 
16
time of
the second violation the person was transporting a 
17
person under the age of 16,
is subject to an additional 10 days 
18
of imprisonment, an additional mandatory
minimum fine of 
19
$1,000, and an additional mandatory minimum 140 hours of

20
community service, which shall include 40 hours of community 
21
service in a
program benefiting children.
The imprisonment or 
22
assignment of community service under this subsection (c-6)
is 
23
not subject to suspension, nor is the person eligible for a 
24
reduced
sentence.

25
    (c-7) Except as provided in subsection (c-8), any person 
26
convicted of
violating subsection (c-6) or a similar
provision 
 


 






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1
within 10 years of a previous violation of subsection (a) or a

2
similar provision shall receive, in addition to any other 
3
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
4
additional 40 hours of mandatory
community service in a program 
5
benefiting children, and a mandatory minimum
fine of $1,750. 
6
The imprisonment or assignment of community service under this

7
subsection (c-7) is not subject to suspension, nor is the 
8
person
eligible for a reduced sentence.

9
    (c-8) Any person convicted of violating subsection (c-6) or 
10
a similar
provision within 5 years of a previous violation of 
11
subsection (a) or a similar
provision shall receive, in 
12
addition to any other penalty imposed, an
additional 80 hours 
13
of mandatory community service in a program benefiting

14
children, an additional mandatory minimum 12 days of 
15
imprisonment, and a
mandatory minimum fine of $1,750. The 
16
imprisonment or assignment of community
service under this 
17
subsection (c-8) is not subject to suspension, nor
is the

18
person eligible for a reduced sentence.

19
    (c-9) Any person convicted a third time for violating 
20
subsection (a) or a
similar provision, if at the time of the 
21
third violation the person was
transporting a person under the 
22
age of 16, is guilty of a Class 4 felony and shall
receive, in 
23
addition to any other
penalty imposed, an additional mandatory 
24
fine of $1,000, an additional
mandatory 140 hours of community 
25
service, which shall include 40 hours in a
program benefiting 
26
children, and a mandatory minimum 30 days of imprisonment.
The 
 


 






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1
imprisonment or assignment of community service under this 
2
subsection (c-9)
is not subject to suspension, nor is the 
3
person eligible for a reduced
sentence.

4
    (c-10) Any person convicted of violating subsection (c-9) 
5
or a similar
provision a third time within 20 years of a 
6
previous violation of subsection
(a) or a
similar provision is 
7
guilty of a Class 4 felony and shall receive, in addition
to 
8
any other penalty imposed, an additional mandatory 40 hours of 
9
community
service in a program benefiting children, an 
10
additional mandatory fine of

$3,000, and a mandatory minimum 
11
120 days of imprisonment. The imprisonment or
assignment of 
12
community service under this subsection (c-10) is not subject 
13
to
suspension, nor is the person eligible for a reduced 
14
sentence.

15
    (c-11) Any person convicted a fourth or subsequent time for 
16
violating
subsection (a) or a similar provision, if at the time 
17
of the fourth or
subsequent violation the person was 
18
transporting a person under the age of 16,
and if the person's 
19
3 prior violations of subsection (a) or a similar provision

20
occurred while transporting a person under the age of 16 or 
21
while the alcohol
concentration in his or her blood, breath, or 
22
urine was 0.16 or more based
on the definition of blood, 
23
breath, or urine units in Section 11-501.2, is
guilty of a 
24
Class 2 felony, is not eligible for probation or conditional

25
discharge, and is subject to a minimum fine of $3,000.

26
    (c-12) Any person convicted of a first violation of 
 


 






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1
subsection (a) or a
similar provision, if the alcohol 
2
concentration in his or her blood, breath, or
urine was 0.16 or 
3
more based on the definition of blood, breath, or urine
units 
4
in Section 11-501.2, shall be subject, in addition to any other 
5
penalty
that may be imposed, to a mandatory minimum of 100 
6
hours of community service
and a mandatory minimum fine of 
7
$500.

8
    (c-13) Any person convicted of a second violation of 
9
subsection (a) or a similar provision committed within 10 years 
10
of a previous violation of subsection (a) or a similar 
11
provision committed within 10 years of a previous violation of 
12
subsection (a) or a similar provision, if at the time of the 
13
second violation of subsection (a) the
alcohol concentration in 
14
his or her blood, breath, or urine was 0.16 or more
based on 
15
the definition of blood, breath, or urine units in Section 
16
11-501.2,
shall be
subject, in addition to any other penalty 
17
that may be imposed, to a mandatory
minimum of 2 days of 
18
imprisonment and a mandatory minimum fine of $1,250.

19
    (c-14) Any person convicted of a third violation of 
20
subsection (a) or a
similar provision within 20 years of a 
21
previous violation of subsection (a) or
a
similar provision, if 
22
at the time of the third violation of subsection (a) or a

23
similar provision the alcohol concentration in his or her 
24
blood, breath, or
urine was 0.16 or more based on the 
25
definition of blood, breath, or urine units
in Section 
26
11-501.2, is guilty of a Class 4 felony and shall be subject, 
 


 






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1
in
addition to any other penalty that may be imposed, to a 
2
mandatory minimum of
90 days of imprisonment and a mandatory 
3
minimum fine of $2,500.

4
    (c-15) Any person convicted of a fourth or subsequent 
5
violation of
subsection
(a) or a similar provision, if at the 
6
time of the fourth or subsequent
violation the alcohol 
7
concentration in his or her blood, breath, or urine was
0.16 or 
8
more based on the definition of blood, breath, or urine units 
9
in
Section 11-501.2, and if the person's 3 prior violations of 
10
subsection (a) or a
similar provision occurred while 
11
transporting a person under the age of 16 or
while the alcohol 
12
concentration in his or her blood, breath, or urine was 0.16
or 
13
more based on the definition of blood, breath, or urine units 
14
in Section
11-501.2, is guilty of a Class 2 felony and is not 
15
eligible for a sentence of
probation or conditional discharge 
16
and is subject to a minimum fine of
$2,500.


17
    (d) (1) Every person convicted of committing a violation of 
18
    this Section
shall be guilty of aggravated driving under 
19
    the influence of alcohol,
other drug or drugs, or 
20
    intoxicating compound or compounds, or any combination

21
    thereof if:


22
            (A) the person committed a violation of subsection 
23
        (a) or a similar
provision for the
third or subsequent 
24
        time;


25
            (B) the person committed a violation of subsection 
26
        (a)
while
driving a school bus with persons 18 years of 
 


 






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1
        age or younger

on board;


2
            (C) the person in committing a violation of 
3
        subsection
(a) was
involved in a motor vehicle accident 
4
        that resulted in great bodily harm or
permanent 
5
        disability or disfigurement to another, when the 
6
        violation was
a proximate cause of the injuries;


7
            (D) the person committed a violation of subsection 
8
        (a)
for a
second time and has been previously convicted 
9
        of violating Section 9-3 of the
Criminal Code of 1961 
10
        or a similar provision of a law of another state 
11
        relating to reckless homicide in which the person was

12
        determined to have been under the influence of alcohol, 
13
        other drug or
drugs, or intoxicating compound or 
14
        compounds as an element of the offense or
the person 
15
        has previously been convicted
under subparagraph (C) 
16
        or subparagraph (F) of this paragraph (1);


17
            (E) the person, in committing a violation of 
18
        subsection (a) while
driving at any speed in a school 
19
        speed zone at a time when a speed limit of
20 miles per 
20
        hour was in effect under subsection (a) of Section 
21
        11-605 of
this Code, was involved in a motor vehicle 
22
        accident that resulted in bodily
harm, other than great 
23
        bodily harm or permanent disability or disfigurement,

24
        to another person, when the violation of subsection (a) 
25
        was a
proximate cause
of the bodily harm; or


26
            (F) the person, in committing a violation of 
 


 






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1
        subsection (a), was
involved in a motor vehicle, 
2
        snowmobile, all-terrain vehicle, or watercraft

3
        accident that resulted in
the death of another person, 
4
        when the violation of subsection
(a) was
a proximate 
5
        cause of the death.


6
        (2) Except as provided in this paragraph (2), a person 
7
    convicted of
aggravated driving under
the
influence of 
8
    alcohol, other drug or
drugs,
or intoxicating compound or 
9
    compounds, or any
combination thereof is guilty of a Class 
10
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
11
    (1) of this subsection (d), the defendant, if sentenced to 
12
    a term
of imprisonment, shall be sentenced
to not less than

13
    one year nor more than 12 years.
Aggravated driving under 
14
    the influence of alcohol, other drug or drugs,
or 
15
    intoxicating compound or compounds, or any combination 
16
    thereof as
defined in subparagraph (F) of paragraph (1) of 
17
    this subsection (d) is
a Class 2 felony, for which the 
18
    defendant, unless the court determines that extraordinary 
19
    circumstances exist and require probation, shall be 
20
    sentenced to: (A) a
term of imprisonment of not less than 3 
21
    years and not more
than 14 years if the violation resulted 
22
    in the death of one person; or
(B) a term of imprisonment 
23
    of not less than 6 years and not
more than 28 years if the 
24
    violation resulted in the deaths of 2 or more
persons.
For 
25
    any prosecution under this subsection
(d), a certified copy 
26
    of the
driving abstract of the defendant shall be admitted 
 


 






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1
    as proof of any prior
conviction.
Any person sentenced 
2
    under this subsection (d) who receives a term of
probation

3
    or conditional discharge must serve a minimum term of 
4
    either 480 hours of
community service or 10 days of 
5
    imprisonment as a condition of the probation or
conditional 
6
    discharge. This mandatory minimum term of imprisonment or

7
    assignment of community service may not be suspended or 
8
    reduced by the court.


9
    (e) After a finding of guilt and prior to any final 
10
sentencing, or an
order for supervision, for an offense based 
11
upon an arrest for a
violation of this Section or a similar 
12
provision of a local ordinance,
individuals shall be required 
13
to undergo a professional evaluation to
determine if an 
14
alcohol, drug, or intoxicating compound abuse problem exists

15
and the
extent of the problem, and undergo the imposition of 
16
treatment as appropriate.
Programs conducting these 
17
evaluations shall be
licensed by the Department of Human 
18
Services.  The cost of any professional
evaluation shall be paid 
19
for by the
individual
required to undergo the professional 
20
evaluation.


21
    (e-1) Any person who is found guilty of or pleads guilty to 
22
violating this
Section, including any person receiving a 
23
disposition of court supervision for
violating this Section, 
24
may be required by the Court to attend a victim
impact panel 
25
offered by, or under contract with, a County State's Attorney's

26
office, a probation and court services department, Mothers 
 


 






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1
Against Drunk
Driving,
or the Alliance Against Intoxicated 
2
Motorists.
All costs generated by
the victim impact panel shall 
3
be paid from fees collected from the
offender or as may be 
4
determined by the court.


5
    (f) Every person found guilty of violating this Section, 
6
whose
operation of a motor vehicle while in violation of this 
7
Section proximately
caused any incident resulting in an 
8
appropriate emergency response, shall
be liable for the expense 
9
of an emergency response as provided under
Section 5-5-3 of the 
10
Unified Code of Corrections.


11
    (g) The Secretary of State shall revoke the driving 
12
privileges of any
person convicted under this Section or a 
13
similar provision of a local
ordinance.


14
    (h) (Blank).



15
    (i) The Secretary of State shall require the use of 
16
ignition interlock
devices on all vehicles owned by an 
17
individual who has been convicted of a
second
or subsequent 
18
offense of this Section or a similar provision of a local

19
ordinance.  The Secretary shall establish by rule and regulation 
20
the procedures
for certification and use of the interlock 
21
system.


22
    (j) In addition to any other penalties and liabilities, a 
23
person who is
found guilty of or pleads guilty to violating 
24
subsection (a), including any
person placed on court 
25
supervision for violating subsection (a), shall be fined
$500, 
26
payable to the
circuit clerk, who shall distribute the money as 
 


 






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1
follows: 20% to the law enforcement agency
that made the arrest 
2
and 80% shall be forwarded to the State Treasurer for deposit 
3
into the General Revenue Fund.  If the person has been 
4
previously convicted of violating
subsection (a) or a similar 
5
provision of a local
ordinance, the fine shall be
$1,000.  In 
6
the event that more than one agency is responsible
for the 
7
arrest, the amount payable to law enforcement agencies  shall be 
8
shared equally.  Any moneys received
by a law
enforcement agency 
9
under this subsection (j) shall be used for enforcement and 
10
prevention of driving while under the influence of alcohol, 
11
other drug or drugs, intoxicating compound or compounds or any 
12
combination thereof, as defined by this Section, including but 
13
not limited to the purchase of law
enforcement equipment and 
14
commodities that will assist in the prevention of alcohol 
15
related
criminal violence throughout the State; police officer 
16
training and education in areas related to alcohol related 
17
crime, including but not limited to DUI training; and police 
18
officer salaries, including but not limited to salaries for 
19
hire back funding for safety checkpoints, saturation patrols, 
20
and liquor store sting operations. Equipment and commodities 
21
shall include, but are not limited
to, in-car video cameras, 
22
radar and laser speed detection devices, and alcohol
breath 
23
testers.
Any moneys received by the Department of State Police 
24
under this subsection
(j) shall be deposited into the State 
25
Police DUI Fund and shall be used for enforcement and 
26
prevention of driving while under the influence of alcohol, 
 


 






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1
other drug or drugs, intoxicating compound or compounds or any 
2
combination thereof, as defined by this Section, including but 
3
not limited to the

purchase of law enforcement equipment and 
4
commodities that will assist in the prevention of
alcohol 
5
related criminal violence throughout the State; police officer 
6
training and education in areas related to alcohol related 
7
crime, including but not limited to DUI training; and police 
8
officer salaries, including but not limited to salaries for 
9
hire back funding for safety checkpoints, saturation patrols, 
10
and liquor store sting operations.


11
    (k) The Secretary of State Police DUI Fund is created as a 
12
special
fund in the State treasury. All moneys received by the 
13
Secretary of State
Police under subsection (j) of this Section 
14
shall be deposited into the
Secretary of State Police DUI Fund 
15
and, subject to appropriation, shall be
used for enforcement 
16
and prevention of driving while under the influence of alcohol, 
17
other drug or drugs, intoxicating compound or compounds or any 
18
combination thereof, as defined by this Section, including but 
19
not limited to the purchase of law enforcement equipment and 
20
commodities to assist in the prevention of
alcohol related 
21
criminal violence throughout the State; police officer 
22
training and education in areas related to alcohol related 
23
crime, including but not limited to DUI training; and police 
24
officer salaries, including but not limited to salaries for 
25
hire back funding for safety checkpoints, saturation patrols, 
26
and liquor store sting operations.


 


 






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1
    (l) Whenever an individual is sentenced for an offense 
2
based upon an
arrest for a violation of subsection (a) or a 
3
similar provision of a local
ordinance, and the professional 
4
evaluation recommends remedial or
rehabilitative treatment or 
5
education, neither the treatment nor the education
shall be the 
6
sole disposition and either or both may be imposed only in

7
conjunction with another disposition. The court shall monitor 
8
compliance with
any remedial education or treatment 
9
recommendations contained in the
professional evaluation. 
10
Programs conducting alcohol or other drug evaluation
or 
11
remedial education must be licensed by the Department of Human 
12
Services. If
the individual is not a resident of Illinois, 
13
however, the court may accept an
alcohol or other drug 
14
evaluation or remedial education program in the
individual's 
15
state of residence.  Programs providing treatment must be 
16
licensed
under existing applicable alcoholism and drug 
17
treatment licensure standards.

18
    (m) In addition to any other fine or penalty required by 
19
law, an individual
convicted of a violation of subsection (a), 
20
Section 5-7 of the Snowmobile
Registration and Safety Act, 
21
Section 5-16 of the Boat Registration and Safety
Act, or a 
22
similar provision, whose operation of a motor vehicle, 
23
snowmobile, or
watercraft while in
violation of subsection (a), 
24
Section 5-7 of the Snowmobile Registration and
Safety Act, 
25
Section 5-16 of the Boat Registration and Safety Act, or a 
26
similar
provision proximately caused an incident resulting in 
 


 






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1
an appropriate emergency
response, shall be required to make 
2
restitution to a public agency for the
costs of that emergency 
3
response. The restitution may not exceed $1,000 per
public 
4
agency for each emergency response. As used in this subsection 
5
(m),
"emergency response" means any incident requiring a 
6
response by a police
officer, a firefighter carried on the 
7
rolls of a regularly constituted fire
department, or an 
8
ambulance.


9
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
10
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
11
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 
12
94-963, eff. 6-28-06.)

 
13
    (Text of Section from P.A. 94-114 and 94-963)
14
    Sec. 11-501. Driving while under the influence of alcohol, 
15
other drug or
drugs, intoxicating compound or compounds or any 
16
combination thereof.

17
    (a) A person shall not drive or be in actual
physical 
18
control of any vehicle within this State while:


19
        (1) the alcohol concentration in the person's blood or 
20
    breath is 0.08
or more based on the definition of blood and 
21
    breath units in Section 11-501.2;


22
        (2) under the influence of alcohol;


23
        (3) under the influence of any intoxicating compound or 
24
    combination of
intoxicating compounds to a degree that his 
25
    or her mental or physical faculties are so impaired as to 
 


 






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1
    reduce his or her ability to think and act with ordinary 
2
    care
renders the person incapable of
driving safely;


3
        (4) under the influence of any other drug or 
4
    combination of drugs to a
degree that his or her mental or 
5
    physical faculties are so impaired as to reduce his or her 
6
    ability to think and act with ordinary care
renders the 
7
    person incapable of safely driving;


8
        (5) under the combined influence of alcohol, other drug 
9
    or drugs, or
intoxicating compound or compounds to a degree 
10
    that his or her mental or physical faculties are so 
11
    impaired as to reduce his or her ability to think and act 
12
    with ordinary care
renders the person
incapable of safely 
13
    driving; or


14
        (6) there is any amount of a drug, substance, or 
15
    compound in the
person's breath, blood, or urine resulting 
16
    from the unlawful use or consumption
of cannabis listed in 
17
    the Cannabis Control Act, a controlled substance listed
in 
18
    the Illinois Controlled Substances Act, or an intoxicating 
19
    compound listed
in the Use of Intoxicating Compounds Act.


20
    (b) The fact that any person charged with violating this 
21
Section is or
has been legally entitled to use alcohol, other 
22
drug or drugs, or
intoxicating compound or compounds, or any

23
combination thereof,  shall not constitute a defense against any 
24
charge of
violating this Section.


25
    (b-1) With regard to penalties imposed under this Section:

26
        (1) Any reference to a prior violation of subsection 
 


 






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1
    (a) or a similar
provision includes any violation of a 
2
    provision of a local ordinance or a
provision of a law of 
3
    another state that is similar to a violation of
subsection 
4
    (a) of this Section.

5
        (2) Any penalty imposed for driving with a license that 
6
    has been revoked
for a previous violation of subsection (a) 
7
    of this Section shall be in
addition to the penalty imposed 
8
    for any subsequent violation of subsection (a).

9
    (b-2) Except as otherwise provided in this Section, any 
10
person convicted of
violating subsection (a) of this Section is 
11
guilty of a Class A misdemeanor.

12
    (b-3) In addition to any other criminal or administrative 
13
sanction for any
second conviction of violating subsection (a) 
14
or a similar provision committed
within 5 years of a previous 
15
violation of subsection (a) or a similar
provision, the 
16
defendant shall be sentenced to a mandatory minimum of 5 days 
17
of
imprisonment or assigned a mandatory minimum of 240 hours of 
18
community service
as may be determined by the court.

19
    (b-4) In the case of a third or subsequent violation 
20
committed within 5
years of a previous violation of subsection 
21
(a) or a similar provision, in
addition to any other criminal 
22
or administrative sanction, a mandatory minimum
term of either 
23
10 days of imprisonment or 480 hours of community service shall

24
be imposed.

25
    (b-5) The imprisonment or assignment of community service 
26
under subsections
(b-3) and (b-4) shall not be subject to 
 


 






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1
suspension, nor shall the person be
eligible for a reduced 
2
sentence.


3
    (c) (Blank).



4
    (c-1) (1) A person who violates subsection (a)

during
a 
5
    period in which his
or her driving privileges are revoked 
6
    or suspended, where the revocation or
suspension was for a 
7
    violation of subsection (a), Section
11-501.1, paragraph 
8
    (b)
of Section 11-401, or for reckless homicide as defined 
9
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

10
    Class 4 felony.


11
        (2) A person who violates subsection (a) a third
time, 
12
    if the third violation occurs during a period in
which his 
13
    or her driving privileges are revoked or suspended where 
14
    the
revocation
or suspension was for a violation of 
15
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
16
    11-401, or for reckless homicide as defined in Section 9-3

17
    of the Criminal Code of 1961, is guilty of
a Class 3 
18
    felony.
19
        (2.1) A person who violates subsection (a) a third 
20
    time, if the third
violation occurs during a period in 
21
    which his or her driving privileges are
revoked or 
22
    suspended where the revocation or suspension was for a 
23
    violation of
subsection (a), Section 11-501.1, subsection 
24
    (b) of Section 11-401, or for
reckless homicide as defined 
25
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
26
    Class 3 felony; and if the
person receives a term of

 


 






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1
    probation or conditional discharge, he or she shall be 
2
    required to serve a
mandatory
minimum of 10 days of 
3
    imprisonment or shall be assigned a mandatory minimum of

4
    480 hours of community service, as may be determined by the 
5
    court, as a
condition of the probation or conditional 
6
    discharge. This mandatory minimum
term of imprisonment or 
7
    assignment of community service shall not be suspended
or 
8
    reduced by the court.

9
        (2.2) A person who violates subsection (a), if the

10
    violation occurs during a period in which his or her 
11
    driving privileges are
revoked or suspended where the 
12
    revocation or suspension was for a violation of
subsection 
13
    (a) or Section 11-501.1, shall also be sentenced to an 
14
    additional
mandatory minimum term of 30 consecutive days of 
15
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
16
    720 hours of community service, as may be
determined by the 
17
    court.  This mandatory term of imprisonment or assignment of

18
    community service shall  not be suspended or reduced by the 
19
    court.


20
        (3) A person who violates subsection (a) a fourth or

21
    fifth time, if the fourth or fifth

violation occurs
during 
22
    a period in which his
or her driving privileges are revoked 
23
    or suspended where the revocation
or suspension was for a 
24
    violation of subsection (a),
Section 11-501.1, paragraph

25
    (b) of Section 11-401, or for reckless homicide as defined 
26
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
 


 






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1
    Class 2 felony and is not eligible for a sentence of 
2
    probation or
conditional discharge.


3
    (c-2) (Blank).


4
    (c-3) (Blank).



5
    (c-4) (Blank).

6
    (c-5) A person who violates subsection (a), if the person 
7
was transporting
a person under the age of 16 at the time of 
8
the violation, is subject to an
additional mandatory minimum 
9
fine of $1,000, an additional mandatory minimum
140 hours of 
10
community service, which shall include 40 hours of community

11
service in a program benefiting children, and an additional 2 
12
days of
imprisonment. The imprisonment or assignment of 
13
community service under this
subsection (c-5) is not subject to 
14
suspension, nor is the person eligible for
a reduced sentence.

15
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
16
person who
violates
subsection (a) a second time, if at the 
17
time of
the second violation the person was transporting a 
18
person under the age of 16,
is subject to an additional 10 days 
19
of imprisonment, an additional mandatory
minimum fine of 
20
$1,000, and an additional mandatory minimum 140 hours of

21
community service, which shall include 40 hours of community 
22
service in a
program benefiting children.
The imprisonment or 
23
assignment of community service under this subsection (c-6)
is 
24
not subject to suspension, nor is the person eligible for a 
25
reduced
sentence.

26
    (c-7) Except as provided in subsection (c-8), any person 
 


 






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1
convicted of
violating subsection (c-6) or a similar
provision 
2
within 10 years of a previous violation of subsection (a) or a

3
similar provision shall receive, in addition to any other 
4
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
5
additional 40 hours of mandatory
community service in a program 
6
benefiting children, and a mandatory minimum
fine of $1,750. 
7
The imprisonment or assignment of community service under this

8
subsection (c-7) is not subject to suspension, nor is the 
9
person
eligible for a reduced sentence.

10
    (c-8) Any person convicted of violating subsection (c-6) or 
11
a similar
provision within 5 years of a previous violation of 
12
subsection (a) or a similar
provision shall receive, in 
13
addition to any other penalty imposed, an
additional 80 hours 
14
of mandatory community service in a program benefiting

15
children, an additional mandatory minimum 12 days of 
16
imprisonment, and a
mandatory minimum fine of $1,750. The 
17
imprisonment or assignment of community
service under this 
18
subsection (c-8) is not subject to suspension, nor
is the

19
person eligible for a reduced sentence.

20
    (c-9) Any person convicted a third time for violating 
21
subsection (a) or a
similar provision, if at the time of the 
22
third violation the person was
transporting a person under the 
23
age of 16, is guilty of a Class 4 felony and shall
receive, in 
24
addition to any other
penalty imposed, an additional mandatory 
25
fine of $1,000, an additional
mandatory 140 hours of community 
26
service, which shall include 40 hours in a
program benefiting 
 


 






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1
children, and a mandatory minimum 30 days of imprisonment.
The 
2
imprisonment or assignment of community service under this 
3
subsection (c-9)
is not subject to suspension, nor is the 
4
person eligible for a reduced
sentence.

5
    (c-10) Any person convicted of violating subsection (c-9) 
6
or a similar
provision a third time within 20 years of a 
7
previous violation of subsection
(a) or a
similar provision is 
8
guilty of a Class 4 felony and shall receive, in addition
to 
9
any other penalty imposed, an additional mandatory 40 hours of 
10
community
service in a program benefiting children, an 
11
additional mandatory fine of

$3,000, and a mandatory minimum 
12
120 days of imprisonment. The imprisonment or
assignment of 
13
community service under this subsection (c-10) is not subject 
14
to
suspension, nor is the person eligible for a reduced 
15
sentence.

16
    (c-11) Any person convicted a fourth or fifth

time for 
17
violating
subsection (a) or a similar provision, if at the time 
18
of the fourth or
fifth violation the person was transporting a 
19
person under the age of 16,
and if the person's 3 prior 
20
violations of subsection (a) or a similar provision
occurred 
21
while transporting a person under the age of 16 or while the 
22
alcohol
concentration in his or her blood, breath, or urine was 
23
0.16 or more based
on the definition of blood, breath, or urine 
24
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
25
not eligible for probation or conditional
discharge, and is 
26
subject to a minimum fine of $3,000.

 


 






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1
    (c-12) Any person convicted of a first violation of 
2
subsection (a) or a
similar provision, if the alcohol 
3
concentration in his or her blood, breath, or
urine was 0.16 or 
4
more based on the definition of blood, breath, or urine
units 
5
in Section 11-501.2, shall be subject, in addition to any other 
6
penalty
that may be imposed, to a mandatory minimum of 100 
7
hours of community service
and a mandatory minimum fine of 
8
$500.

9
    (c-13) Any person convicted of a second violation of 
10
subsection (a) or a similar provision committed within 10 years 
11
of a previous violation of subsection (a) or a similar 
12
provision committed within 10 years of a previous violation of 
13
subsection (a) or a similar provision, if at the time of the 
14
second violation of subsection (a) the
alcohol concentration in 
15
his or her blood, breath, or urine was 0.16 or more
based on 
16
the definition of blood, breath, or urine units in Section 
17
11-501.2,
shall be
subject, in addition to any other penalty 
18
that may be imposed, to a mandatory
minimum of 2 days of 
19
imprisonment and a mandatory minimum fine of $1,250.

20
    (c-14) Any person convicted of a third violation of 
21
subsection (a) or a
similar provision within 20 years of a 
22
previous violation of subsection (a) or
a
similar provision, if 
23
at the time of the third violation of subsection (a) or a

24
similar provision the alcohol concentration in his or her 
25
blood, breath, or
urine was 0.16 or more based on the 
26
definition of blood, breath, or urine units
in Section 
 


 






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1
11-501.2, is guilty of a Class 4 felony and shall be subject, 
2
in
addition to any other penalty that may be imposed, to a 
3
mandatory minimum of
90 days of imprisonment and a mandatory 
4
minimum fine of $2,500.

5
    (c-15) Any person convicted of a fourth or fifth

violation 
6
of
subsection
(a) or a similar provision, if at the time of the 
7
fourth or fifth

violation the alcohol concentration in his or 
8
her blood, breath, or urine was
0.16 or more based on the 
9
definition of blood, breath, or urine units in
Section 
10
11-501.2, and if the person's 3 prior violations of subsection 
11
(a) or a
similar provision occurred while transporting a person 
12
under the age of 16 or
while the alcohol concentration in his 
13
or her blood, breath, or urine was 0.16
or more based on the 
14
definition of blood, breath, or urine units in Section

15
11-501.2, is guilty of a Class 2 felony and is not eligible for 
16
a sentence of
probation or conditional discharge and is subject 
17
to a minimum fine of
$2,500.


18
    (c-16) Any person convicted of a sixth or subsequent 
19
violation of subsection (a) is guilty of a Class X felony.

20
    (d) (1) Every person convicted of committing a violation of 
21
    this Section
shall be guilty of aggravated driving under 
22
    the influence of alcohol,
other drug or drugs, or 
23
    intoxicating compound or compounds, or any combination

24
    thereof if:


25
            (A) the person committed a violation of subsection 
26
        (a) or a similar
provision for the
third or subsequent 
 


 






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1
        time;


2
            (B) the person committed a violation of subsection 
3
        (a)
while
driving a school bus with persons 18 years of 
4
        age or younger

on board;


5
            (C) the person in committing a violation of 
6
        subsection
(a) was
involved in a motor vehicle accident 
7
        that resulted in great bodily harm or
permanent 
8
        disability or disfigurement to another, when the 
9
        violation was
a proximate cause of the injuries;


10
            (D) the person committed a violation of subsection 
11
        (a)
for a
second time and has been previously convicted 
12
        of violating Section 9-3 of the
Criminal Code of 1961 
13
        or a similar provision of a law of another state 
14
        relating to reckless homicide in which the person was

15
        determined to have been under the influence of alcohol, 
16
        other drug or
drugs, or intoxicating compound or 
17
        compounds as an element of the offense or
the person 
18
        has previously been convicted
under subparagraph (C) 
19
        or subparagraph (F) of this paragraph (1);


20
            (E) the person, in committing a violation of 
21
        subsection (a) while
driving at any speed in a school 
22
        speed zone at a time when a speed limit of
20 miles per 
23
        hour was in effect under subsection (a) of Section 
24
        11-605 of
this Code, was involved in a motor vehicle 
25
        accident that resulted in bodily
harm, other than great 
26
        bodily harm or permanent disability or disfigurement,

 


 






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1
        to another person, when the violation of subsection (a) 
2
        was a
proximate cause
of the bodily harm; or


3
            (F) the person, in committing a violation of 
4
        subsection (a), was
involved in a motor vehicle, 
5
        snowmobile, all-terrain vehicle, or watercraft

6
        accident that resulted in
the death of another person, 
7
        when the violation of subsection
(a) was
a proximate 
8
        cause of the death.


9
        (2) Except as provided in this paragraph (2), a person 
10
    convicted of
aggravated driving under
the
influence of 
11
    alcohol, other drug or
drugs,
or intoxicating compound or 
12
    compounds, or any
combination thereof is guilty of a Class 
13
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
14
    (1) of this subsection (d), the defendant, if sentenced to 
15
    a term
of imprisonment, shall be sentenced
to not less than

16
    one year nor more than 12 years.
Aggravated driving under 
17
    the influence of alcohol, other drug or drugs,
or 
18
    intoxicating compound or compounds, or any combination 
19
    thereof as
defined in subparagraph (F) of paragraph (1) of 
20
    this subsection (d) is
a Class 2 felony, for which the 
21
    defendant, if sentenced to a term of
imprisonment, shall be 
22
    sentenced to: (A) a
term of imprisonment of not less than 3 
23
    years and not more
than 14 years if the violation resulted 
24
    in the death of one person; or
(B) a term of imprisonment 
25
    of not less than 6 years and not
more than 28 years if the 
26
    violation resulted in the deaths of 2 or more
persons.
For 
 


 






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1
    any prosecution under this subsection
(d), a certified copy 
2
    of the
driving abstract of the defendant shall be admitted 
3
    as proof of any prior
conviction.
Any person sentenced 
4
    under this subsection (d) who receives a term of
probation

5
    or conditional discharge must serve a minimum term of 
6
    either 480 hours of
community service or 10 days of 
7
    imprisonment as a condition of the probation or
conditional 
8
    discharge. This mandatory minimum term of imprisonment or

9
    assignment of community service may not be suspended or 
10
    reduced by the court.


11
    (e) After a finding of guilt and prior to any final 
12
sentencing, or an
order for supervision, for an offense based 
13
upon an arrest for a
violation of this Section or a similar 
14
provision of a local ordinance,
individuals shall be required 
15
to undergo a professional evaluation to
determine if an 
16
alcohol, drug, or intoxicating compound abuse problem exists

17
and the
extent of the problem, and undergo the imposition of 
18
treatment as appropriate.
Programs conducting these 
19
evaluations shall be
licensed by the Department of Human 
20
Services.  The cost of any professional
evaluation shall be paid 
21
for by the
individual
required to undergo the professional 
22
evaluation.


23
    (e-1) Any person who is found guilty of or pleads guilty to 
24
violating this
Section, including any person receiving a 
25
disposition of court supervision for
violating this Section, 
26
may be required by the Court to attend a victim
impact panel 
 


 






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1
offered by, or under contract with, a County State's Attorney's

2
office, a probation and court services department, Mothers 
3
Against Drunk
Driving,
or the Alliance Against Intoxicated 
4
Motorists.
All costs generated by
the victim impact panel shall 
5
be paid from fees collected from the
offender or as may be 
6
determined by the court.


7
    (f) Every person found guilty of violating this Section, 
8
whose
operation of a motor vehicle while in violation of this 
9
Section proximately
caused any incident resulting in an 
10
appropriate emergency response, shall
be liable for the expense 
11
of an emergency response as provided under
Section 5-5-3 of the 
12
Unified Code of Corrections.


13
    (g) The Secretary of State shall revoke the driving 
14
privileges of any
person convicted under this Section or a 
15
similar provision of a local
ordinance.


16
    (h) (Blank).



17
    (i) The Secretary of State shall require the use of 
18
ignition interlock
devices on all vehicles owned by an 
19
individual who has been convicted of a
second
or subsequent 
20
offense of this Section or a similar provision of a local

21
ordinance.  The Secretary shall establish by rule and regulation 
22
the procedures
for certification and use of the interlock 
23
system.


24
    (j) In addition to any other penalties and liabilities, a 
25
person who is
found guilty of or pleads guilty to violating 
26
subsection (a), including any
person placed on court 
 


 






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1
supervision for violating subsection (a), shall be fined
$500, 
2
payable to the
circuit clerk, who shall distribute the money as 
3
follows: 20% to the law enforcement agency
that made the arrest 
4
and 80% shall be forwarded to the State Treasurer for deposit 
5
into the General Revenue Fund.  If the person has been 
6
previously convicted of violating
subsection (a) or a similar 
7
provision of a local
ordinance, the fine shall be
$1,000.  In 
8
the event that more than one agency is responsible
for the 
9
arrest, the amount payable to law enforcement agencies  shall be 
10
shared equally.  Any moneys received
by a law
enforcement agency 
11
under this subsection (j) shall be used for enforcement and 
12
prevention of driving while under the influence of alcohol, 
13
other drug or drugs, intoxicating compound or compounds or any 
14
combination thereof, as defined by this Section, including but 
15
not limited to the purchase of law
enforcement equipment and 
16
commodities that will assist in the prevention of alcohol 
17
related
criminal violence throughout the State; police officer 
18
training and education in areas related to alcohol related 
19
crime, including but not limited to DUI training; and police 
20
officer salaries, including but not limited to salaries for 
21
hire back funding for safety checkpoints, saturation patrols, 
22
and liquor store sting operations. Equipment and commodities 
23
shall include, but are not limited
to, in-car video cameras, 
24
radar and laser speed detection devices, and alcohol
breath 
25
testers.
Any moneys received by the Department of State Police 
26
under this subsection
(j) shall be deposited into the State 
 


 






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1
Police DUI Fund and shall be used for enforcement and 
2
prevention of driving while under the influence of alcohol, 
3
other drug or drugs, intoxicating compound or compounds or any 
4
combination thereof, as defined by this Section, including but 
5
not limited to the

purchase of law enforcement equipment and 
6
commodities that will assist in the prevention of
alcohol 
7
related criminal violence throughout the State; police officer 
8
training and education in areas related to alcohol related 
9
crime, including but not limited to DUI training; and police 
10
officer salaries, including but not limited to salaries for 
11
hire back funding for safety checkpoints, saturation patrols, 
12
and liquor store sting operations.


13
    (k) The Secretary of State Police DUI Fund is created as a 
14
special
fund in the State treasury. All moneys received by the 
15
Secretary of State
Police under subsection (j) of this Section 
16
shall be deposited into the
Secretary of State Police DUI Fund 
17
and, subject to appropriation, shall be
used for enforcement 
18
and prevention of driving while under the influence of alcohol, 
19
other drug or drugs, intoxicating compound or compounds or any 
20
combination thereof, as defined by this Section, including but 
21
not limited to the purchase of law enforcement equipment and 
22
commodities to assist in the prevention of
alcohol related 
23
criminal violence throughout the State; police officer 
24
training and education in areas related to alcohol related 
25
crime, including but not limited to DUI training; and police 
26
officer salaries, including but not limited to salaries for 
 


 






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1
hire back funding for safety checkpoints, saturation patrols, 
2
and liquor store sting operations.


3
    (l) Whenever an individual is sentenced for an offense 
4
based upon an
arrest for a violation of subsection (a) or a 
5
similar provision of a local
ordinance, and the professional 
6
evaluation recommends remedial or
rehabilitative treatment or 
7
education, neither the treatment nor the education
shall be the 
8
sole disposition and either or both may be imposed only in

9
conjunction with another disposition. The court shall monitor 
10
compliance with
any remedial education or treatment 
11
recommendations contained in the
professional evaluation. 
12
Programs conducting alcohol or other drug evaluation
or 
13
remedial education must be licensed by the Department of Human 
14
Services. If
the individual is not a resident of Illinois, 
15
however, the court may accept an
alcohol or other drug 
16
evaluation or remedial education program in the
individual's 
17
state of residence.  Programs providing treatment must be 
18
licensed
under existing applicable alcoholism and drug 
19
treatment licensure standards.

20
    (m) In addition to any other fine or penalty required by 
21
law, an individual
convicted of a violation of subsection (a), 
22
Section 5-7 of the Snowmobile
Registration and Safety Act, 
23
Section 5-16 of the Boat Registration and Safety
Act, or a 
24
similar provision, whose operation of a motor vehicle, 
25
snowmobile, or
watercraft while in
violation of subsection (a), 
26
Section 5-7 of the Snowmobile Registration and
Safety Act, 
 


 






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1
Section 5-16 of the Boat Registration and Safety Act, or a 
2
similar
provision proximately caused an incident resulting in 
3
an appropriate emergency
response, shall be required to make 
4
restitution to a public agency for the
costs of that emergency 
5
response. The restitution may not exceed $1,000 per
public 
6
agency for each emergency response. As used in this subsection 
7
(m),
"emergency response" means any incident requiring a 
8
response by a police
officer, a firefighter carried on the 
9
rolls of a regularly constituted fire
department, or an 
10
ambulance.


11
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
12
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
13
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. 
14
6-28-06.)

 
15
    (Text of Section from P.A. 94-116 and 94-963)
16
    Sec. 11-501. Driving while under the influence of alcohol, 
17
other drug or
drugs, intoxicating compound or compounds or any 
18
combination thereof.

19
    (a) A person shall not drive or be in actual
physical 
20
control of any vehicle within this State while:


21
        (1) the alcohol concentration in the person's blood or 
22
    breath is 0.08
or more based on the definition of blood and 
23
    breath units in Section 11-501.2;


24
        (2) under the influence of alcohol;


25
        (3) under the influence of any intoxicating compound or 
 


 






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1
    combination of
intoxicating compounds to a degree that his 
2
    or her mental or physical faculties are so impaired as to 
3
    reduce his or her ability to think and act with ordinary 
4
    care
renders the person incapable of
driving safely;


5
        (4) under the influence of any other drug or 
6
    combination of drugs to a
degree that his or her mental or 
7
    physical faculties are so impaired as to reduce his or her 
8
    ability to think and act with ordinary care
renders the 
9
    person incapable of safely driving;


10
        (5) under the combined influence of alcohol, other drug 
11
    or drugs, or
intoxicating compound or compounds to a degree 
12
    that his or her mental or physical faculties are so 
13
    impaired as to reduce his or her ability to think and act 
14
    with ordinary care
renders the person
incapable of safely 
15
    driving; or


16
        (6) there is any amount of a drug, substance, or 
17
    compound in the
person's breath, blood, or urine resulting 
18
    from the unlawful use or consumption
of cannabis listed in 
19
    the Cannabis Control Act, a controlled substance listed
in 
20
    the Illinois Controlled Substances Act, or an intoxicating 
21
    compound listed
in the Use of Intoxicating Compounds Act.


22
    (b) The fact that any person charged with violating this 
23
Section is or
has been legally entitled to use alcohol, other 
24
drug or drugs, or
intoxicating compound or compounds, or any

25
combination thereof,  shall not constitute a defense against any 
26
charge of
violating this Section.


 


 






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1
    (b-1) With regard to penalties imposed under this Section:

2
        (1) Any reference to a prior violation of subsection 
3
    (a) or a similar
provision includes any violation of a 
4
    provision of a local ordinance or a
provision of a law of 
5
    another state that is similar to a violation of
subsection 
6
    (a) of this Section.

7
        (2) Any penalty imposed for driving with a license that 
8
    has been revoked
for a previous violation of subsection (a) 
9
    of this Section shall be in
addition to the penalty imposed 
10
    for any subsequent violation of subsection (a).

11
    (b-2) Except as otherwise provided in this Section, any 
12
person convicted of
violating subsection (a) of this Section is 
13
guilty of a Class A misdemeanor.

14
    (b-3) In addition to any other criminal or administrative 
15
sanction for any
second conviction of violating subsection (a) 
16
or a similar provision committed
within 5 years of a previous 
17
violation of subsection (a) or a similar
provision, the 
18
defendant shall be sentenced to a mandatory minimum of 5 days 
19
of
imprisonment or assigned a mandatory minimum of 240 hours of 
20
community service
as may be determined by the court.

21
    (b-4) In the case of a third violation committed within 5

22
years of a previous violation of subsection (a) or a similar 
23
provision, the defendant is guilty of a Class 2 felony, and in

24
addition to any other criminal or administrative sanction, a 
25
mandatory minimum
term of either 10 days of imprisonment or 480 
26
hours of community service shall
be imposed.

 


 






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1
    (b-5) The imprisonment or assignment of community service 
2
under subsections
(b-3) and (b-4) shall not be subject to 
3
suspension, nor shall the person be
eligible for a reduced 
4
sentence.


5
    (c) (Blank).



6
    (c-1) (1) A person who violates subsection (a)

during
a 
7
    period in which his
or her driving privileges are revoked 
8
    or suspended, where the revocation or
suspension was for a 
9
    violation of subsection (a), Section
11-501.1, paragraph 
10
    (b)
of Section 11-401, or for reckless homicide as defined 
11
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

12
    Class 4 felony.


13
        (2) A person who violates subsection (a) a third
time 
14
    is guilty of
a Class 2 felony.
15
        (2.1) A person who violates subsection (a) a third 
16
    time, if the third
violation occurs during a period in 
17
    which his or her driving privileges are
revoked or 
18
    suspended where the revocation or suspension was for a 
19
    violation of
subsection (a), Section 11-501.1, subsection 
20
    (b) of Section 11-401, or for
reckless homicide as defined 
21
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
22
    Class 2 felony; and if the
person receives a term of

23
    probation or conditional discharge, he or she shall be 
24
    required to serve a
mandatory
minimum of 10 days of 
25
    imprisonment or shall be assigned a mandatory minimum of

26
    480 hours of community service, as may be determined by the 
 


 






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1
    court, as a
condition of the probation or conditional 
2
    discharge. This mandatory minimum
term of imprisonment or 
3
    assignment of community service shall not be suspended
or 
4
    reduced by the court.

5
        (2.2) A person who violates subsection (a), if the

6
    violation occurs during a period in which his or her 
7
    driving privileges are
revoked or suspended where the 
8
    revocation or suspension was for a violation of
subsection 
9
    (a) or Section 11-501.1, shall also be sentenced to an 
10
    additional
mandatory minimum term of 30 consecutive days of 
11
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
12
    720 hours of community service, as may be
determined by the 
13
    court.  This mandatory term of imprisonment or assignment of

14
    community service shall  not be suspended or reduced by the 
15
    court.


16
        (3) A person who violates subsection (a) a fourth time 
17
    is guilty of
a Class 2 felony and is not eligible for a 
18
    sentence of probation or
conditional discharge.


19
        (4) A person who violates subsection (a) a fifth or 
20
    subsequent time is guilty of a Class 1 felony and is not 
21
    eligible for a sentence of probation or conditional 
22
    discharge.

23
    (c-2) (Blank).


24
    (c-3) (Blank).



25
    (c-4) (Blank).

26
    (c-5) A person who violates subsection (a), if the person 
 


 






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1
was transporting
a person under the age of 16 at the time of 
2
the violation, is subject to an
additional mandatory minimum 
3
fine of $1,000, an additional mandatory minimum
140 hours of 
4
community service, which shall include 40 hours of community

5
service in a program benefiting children, and an additional 2 
6
days of
imprisonment. The imprisonment or assignment of 
7
community service under this
subsection (c-5) is not subject to 
8
suspension, nor is the person eligible for
a reduced sentence.

9
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
10
person who
violates
subsection (a) a second time, if at the 
11
time of
the second violation the person was transporting a 
12
person under the age of 16,
is subject to an additional 10 days 
13
of imprisonment, an additional mandatory
minimum fine of 
14
$1,000, and an additional mandatory minimum 140 hours of

15
community service, which shall include 40 hours of community 
16
service in a
program benefiting children.
The imprisonment or 
17
assignment of community service under this subsection (c-6)
is 
18
not subject to suspension, nor is the person eligible for a 
19
reduced
sentence.

20
    (c-7) Except as provided in subsection (c-8), any person 
21
convicted of
violating subsection (c-6) or a similar
provision 
22
within 10 years of a previous violation of subsection (a) or a

23
similar provision shall receive, in addition to any other 
24
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
25
additional 40 hours of mandatory
community service in a program 
26
benefiting children, and a mandatory minimum
fine of $1,750. 
 


 






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1
The imprisonment or assignment of community service under this

2
subsection (c-7) is not subject to suspension, nor is the 
3
person
eligible for a reduced sentence.

4
    (c-8) Any person convicted of violating subsection (c-6) or 
5
a similar
provision within 5 years of a previous violation of 
6
subsection (a) or a similar
provision shall receive, in 
7
addition to any other penalty imposed, an
additional 80 hours 
8
of mandatory community service in a program benefiting

9
children, an additional mandatory minimum 12 days of 
10
imprisonment, and a
mandatory minimum fine of $1,750. The 
11
imprisonment or assignment of community
service under this 
12
subsection (c-8) is not subject to suspension, nor
is the

13
person eligible for a reduced sentence.

14
    (c-9) Any person convicted a third time for violating 
15
subsection (a) or a
similar provision, if at the time of the 
16
third violation the person was
transporting a person under the 
17
age of 16, is guilty of a Class 2 felony and shall
receive, in 
18
addition to any other
penalty imposed, an additional mandatory 
19
fine of $1,000, an additional
mandatory 140 hours of community 
20
service, which shall include 40 hours in a
program benefiting 
21
children, and a mandatory minimum 30 days of imprisonment.
The 
22
imprisonment or assignment of community service under this 
23
subsection (c-9)
is not subject to suspension, nor is the 
24
person eligible for a reduced
sentence.

25
    (c-10) Any person convicted of violating subsection (c-9) 
26
or a similar
provision a third time within 20 years of a 
 


 






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1
previous violation of subsection
(a) or a
similar provision is 
2
guilty of a Class 2 felony and shall receive, in addition
to 
3
any other penalty imposed, an additional mandatory 40 hours of 
4
community
service in a program benefiting children, an 
5
additional mandatory fine of

$3,000, and a mandatory minimum 
6
120 days of imprisonment. The imprisonment or
assignment of 
7
community service under this subsection (c-10) is not subject 
8
to
suspension, nor is the person eligible for a reduced 
9
sentence.

10
    (c-11) Any person convicted a fourth time for violating

11
subsection (a) or a similar provision, if at the time of the 
12
fourth violation the person was transporting a person under the 
13
age of 16,
and if the person's 3 prior violations of subsection 
14
(a) or a similar provision
occurred while transporting a person 
15
under the age of 16 or while the alcohol
concentration in his 
16
or her blood, breath, or urine was 0.16 or more based
on the 
17
definition of blood, breath, or urine units in Section 
18
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
19
probation or conditional
discharge, and is subject to a minimum 
20
fine of $3,000.

21
    (c-12) Any person convicted of a first violation of 
22
subsection (a) or a
similar provision, if the alcohol 
23
concentration in his or her blood, breath, or
urine was 0.16 or 
24
more based on the definition of blood, breath, or urine
units 
25
in Section 11-501.2, shall be subject, in addition to any other 
26
penalty
that may be imposed, to a mandatory minimum of 100 
 


 






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1
hours of community service
and a mandatory minimum fine of 
2
$500.

3
    (c-13) Any person convicted of a second violation of 
4
subsection (a) or a similar provision committed within 10 years 
5
of a previous violation of subsection (a) or a similar 
6
provision committed within 10 years of a previous violation of 
7
subsection (a) or a similar provision, if at the time of the 
8
second violation of subsection (a) the
alcohol concentration in 
9
his or her blood, breath, or urine was 0.16 or more
based on 
10
the definition of blood, breath, or urine units in Section 
11
11-501.2,
shall be
subject, in addition to any other penalty 
12
that may be imposed, to a mandatory
minimum of 2 days of 
13
imprisonment and a mandatory minimum fine of $1,250.

14
    (c-14) Any person convicted of a third violation of 
15
subsection (a) or a
similar provision within 20 years of a 
16
previous violation of subsection (a) or
a
similar provision, if 
17
at the time of the third violation of subsection (a) or a

18
similar provision the alcohol concentration in his or her 
19
blood, breath, or
urine was 0.16 or more based on the 
20
definition of blood, breath, or urine units
in Section 
21
11-501.2, is guilty of a Class 2 felony and shall be subject, 
22
in
addition to any other penalty that may be imposed, to a 
23
mandatory minimum of
90 days of imprisonment and a mandatory 
24
minimum fine of $2,500.

25
    (c-15) Any person convicted of a fourth
violation of

26
subsection
(a) or a similar provision, if at the time of the 
 


 






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1
fourth
violation the alcohol concentration in his or her blood, 
2
breath, or urine was
0.16 or more based on the definition of 
3
blood, breath, or urine units in
Section 11-501.2, and if the 
4
person's 3 prior violations of subsection (a) or a
similar 
5
provision occurred while transporting a person under the age of 
6
16 or
while the alcohol concentration in his or her blood, 
7
breath, or urine was 0.16
or more based on the definition of 
8
blood, breath, or urine units in Section
11-501.2, is guilty of 
9
a Class 2 felony and is not eligible for a sentence of

10
probation or conditional discharge and is subject to a minimum 
11
fine of
$2,500.


12
    (d) (1) Every person convicted of committing a violation of 
13
    this Section
shall be guilty of aggravated driving under 
14
    the influence of alcohol,
other drug or drugs, or 
15
    intoxicating compound or compounds, or any combination

16
    thereof if:


17
            (A) the person committed a violation of subsection 
18
        (a) or a similar
provision for the
third or subsequent 
19
        time;


20
            (B) the person committed a violation of subsection 
21
        (a)
while
driving a school bus with persons 18 years of 
22
        age or younger

on board;


23
            (C) the person in committing a violation of 
24
        subsection
(a) was
involved in a motor vehicle accident 
25
        that resulted in great bodily harm or
permanent 
26
        disability or disfigurement to another, when the 
 


 






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1
        violation was
a proximate cause of the injuries;


2
            (D) the person committed a violation of subsection 
3
        (a)
for a
second time and has been previously convicted 
4
        of violating Section 9-3 of the
Criminal Code of 1961 
5
        or a similar provision of a law of another state 
6
        relating to reckless homicide in which the person was

7
        determined to have been under the influence of alcohol, 
8
        other drug or
drugs, or intoxicating compound or 
9
        compounds as an element of the offense or
the person 
10
        has previously been convicted
under subparagraph (C) 
11
        or subparagraph (F) of this paragraph (1);


12
            (E) the person, in committing a violation of 
13
        subsection (a) while
driving at any speed in a school 
14
        speed zone at a time when a speed limit of
20 miles per 
15
        hour was in effect under subsection (a) of Section 
16
        11-605 of
this Code, was involved in a motor vehicle 
17
        accident that resulted in bodily
harm, other than great 
18
        bodily harm or permanent disability or disfigurement,

19
        to another person, when the violation of subsection (a) 
20
        was a
proximate cause
of the bodily harm; or


21
            (F) the person, in committing a violation of 
22
        subsection (a), was
involved in a motor vehicle, 
23
        snowmobile, all-terrain vehicle, or watercraft

24
        accident that resulted in
the death of another person, 
25
        when the violation of subsection
(a) was
a proximate 
26
        cause of the death.


 


 






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        (2) Except as provided in this paragraph (2) and in 
2
    paragraphs (3) and (4) of subsection (c-1), a person 
3
    convicted of
aggravated driving under
the
influence of 
4
    alcohol, other drug or
drugs,
or intoxicating compound or 
5
    compounds, or any
combination thereof is guilty of a Class 
6
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
7
    (1) of this subsection (d), the defendant, if sentenced to 
8
    a term
of imprisonment, shall be sentenced
to not less than

9
    one year nor more than 12 years.
Except as provided in 
10
    paragraph (4) of subsection (c-1), aggravated driving 
11
    under the influence of alcohol, other drug, or drugs, 
12
    intoxicating compounds or compounds, or any combination 
13
    thereof as defined in subparagraph (A) of paragraph (1) of 
14
    this subsection (d) is a Class 2 felony. Aggravated driving 
15
    under the influence of alcohol, other drug or drugs,
or 
16
    intoxicating compound or compounds, or any combination 
17
    thereof as
defined in subparagraph (F) of paragraph (1) of 
18
    this subsection (d) is
a Class 2 felony, for which the 
19
    defendant, if sentenced to a term of
imprisonment, shall be 
20
    sentenced to: (A) a
term of imprisonment of not less than 3 
21
    years and not more
than 14 years if the violation resulted 
22
    in the death of one person; or
(B) a term of imprisonment 
23
    of not less than 6 years and not
more than 28 years if the 
24
    violation resulted in the deaths of 2 or more
persons.
For 
25
    any prosecution under this subsection
(d), a certified copy 
26
    of the
driving abstract of the defendant shall be admitted 
 


 






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1
    as proof of any prior
conviction.
Any person sentenced 
2
    under this subsection (d) who receives a term of
probation

3
    or conditional discharge must serve a minimum term of 
4
    either 480 hours of
community service or 10 days of 
5
    imprisonment as a condition of the probation or
conditional 
6
    discharge. This mandatory minimum term of imprisonment or

7
    assignment of community service may not be suspended or 
8
    reduced by the court.


9
    (e) After a finding of guilt and prior to any final 
10
sentencing, or an
order for supervision, for an offense based 
11
upon an arrest for a
violation of this Section or a similar 
12
provision of a local ordinance,
individuals shall be required 
13
to undergo a professional evaluation to
determine if an 
14
alcohol, drug, or intoxicating compound abuse problem exists

15
and the
extent of the problem, and undergo the imposition of 
16
treatment as appropriate.
Programs conducting these 
17
evaluations shall be
licensed by the Department of Human 
18
Services.  The cost of any professional
evaluation shall be paid 
19
for by the
individual
required to undergo the professional 
20
evaluation.


21
    (e-1) Any person who is found guilty of or pleads guilty to 
22
violating this
Section, including any person receiving a 
23
disposition of court supervision for
violating this Section, 
24
may be required by the Court to attend a victim
impact panel 
25
offered by, or under contract with, a County State's Attorney's

26
office, a probation and court services department, Mothers 
 


 






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1
Against Drunk
Driving,
or the Alliance Against Intoxicated 
2
Motorists.
All costs generated by
the victim impact panel shall 
3
be paid from fees collected from the
offender or as may be 
4
determined by the court.


5
    (f) Every person found guilty of violating this Section, 
6
whose
operation of a motor vehicle while in violation of this 
7
Section proximately
caused any incident resulting in an 
8
appropriate emergency response, shall
be liable for the expense 
9
of an emergency response as provided under
Section 5-5-3 of the 
10
Unified Code of Corrections.


11
    (g) The Secretary of State shall revoke the driving 
12
privileges of any
person convicted under this Section or a 
13
similar provision of a local
ordinance.


14
    (h) (Blank).



15
    (i) The Secretary of State shall require the use of 
16
ignition interlock
devices on all vehicles owned by an 
17
individual who has been convicted of a
second
or subsequent 
18
offense of this Section or a similar provision of a local

19
ordinance.  The Secretary shall establish by rule and regulation 
20
the procedures
for certification and use of the interlock 
21
system.


22
    (j) In addition to any other penalties and liabilities, a 
23
person who is
found guilty of or pleads guilty to violating 
24
subsection (a), including any
person placed on court 
25
supervision for violating subsection (a), shall be fined
$500, 
26
payable to the
circuit clerk, who shall distribute the money as 
 


 






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1
follows: 20% to the law enforcement agency
that made the arrest 
2
and 80% shall be forwarded to the State Treasurer for deposit 
3
into the General Revenue Fund.  If the person has been 
4
previously convicted of violating
subsection (a) or a similar 
5
provision of a local
ordinance, the fine shall be
$1,000.  In 
6
the event that more than one agency is responsible
for the 
7
arrest, the amount payable to law enforcement agencies  shall be 
8
shared equally.  Any moneys received
by a law
enforcement agency 
9
under this subsection (j) shall be used for enforcement and 
10
prevention of driving while under the influence of alcohol, 
11
other drug or drugs, intoxicating compound or compounds or any 
12
combination thereof, as defined by this Section, including but 
13
not limited to the purchase of law
enforcement equipment and 
14
commodities that will assist in the prevention of alcohol 
15
related
criminal violence throughout the State; police officer 
16
training and education in areas related to alcohol related 
17
crime, including but not limited to DUI training; and police 
18
officer salaries, including but not limited to salaries for 
19
hire back funding for safety checkpoints, saturation patrols, 
20
and liquor store sting operations. Equipment and commodities 
21
shall include, but are not limited
to, in-car video cameras, 
22
radar and laser speed detection devices, and alcohol
breath 
23
testers.
Any moneys received by the Department of State Police 
24
under this subsection
(j) shall be deposited into the State 
25
Police DUI Fund and shall be used for enforcement and 
26
prevention of driving while under the influence of alcohol, 
 


 






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1
other drug or drugs, intoxicating compound or compounds or any 
2
combination thereof, as defined by this Section, including but 
3
not limited to the

purchase of law enforcement equipment and 
4
commodities that will assist in the prevention of
alcohol 
5
related criminal violence throughout the State; police officer 
6
training and education in areas related to alcohol related 
7
crime, including but not limited to DUI training; and police 
8
officer salaries, including but not limited to salaries for 
9
hire back funding for safety checkpoints, saturation patrols, 
10
and liquor store sting operations.


11
    (k) The Secretary of State Police DUI Fund is created as a 
12
special
fund in the State treasury. All moneys received by the 
13
Secretary of State
Police under subsection (j) of this Section 
14
shall be deposited into the
Secretary of State Police DUI Fund 
15
and, subject to appropriation, shall be
used for enforcement 
16
and prevention of driving while under the influence of alcohol, 
17
other drug or drugs, intoxicating compound or compounds or any 
18
combination thereof, as defined by this Section, including but 
19
not limited to the purchase of law enforcement equipment and 
20
commodities to assist in the prevention of
alcohol related 
21
criminal violence throughout the State; police officer 
22
training and education in areas related to alcohol related 
23
crime, including but not limited to DUI training; and police 
24
officer salaries, including but not limited to salaries for 
25
hire back funding for safety checkpoints, saturation patrols, 
26
and liquor store sting operations.


 


 






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1
    (l) Whenever an individual is sentenced for an offense 
2
based upon an
arrest for a violation of subsection (a) or a 
3
similar provision of a local
ordinance, and the professional 
4
evaluation recommends remedial or
rehabilitative treatment or 
5
education, neither the treatment nor the education
shall be the 
6
sole disposition and either or both may be imposed only in

7
conjunction with another disposition. The court shall monitor 
8
compliance with
any remedial education or treatment 
9
recommendations contained in the
professional evaluation. 
10
Programs conducting alcohol or other drug evaluation
or 
11
remedial education must be licensed by the Department of Human 
12
Services. If
the individual is not a resident of Illinois, 
13
however, the court may accept an
alcohol or other drug 
14
evaluation or remedial education program in the
individual's 
15
state of residence.  Programs providing treatment must be 
16
licensed
under existing applicable alcoholism and drug 
17
treatment licensure standards.

18
    (m) In addition to any other fine or penalty required by 
19
law, an individual
convicted of a violation of subsection (a), 
20
Section 5-7 of the Snowmobile
Registration and Safety Act, 
21
Section 5-16 of the Boat Registration and Safety
Act, or a 
22
similar provision, whose operation of a motor vehicle, 
23
snowmobile, or
watercraft while in
violation of subsection (a), 
24
Section 5-7 of the Snowmobile Registration and
Safety Act, 
25
Section 5-16 of the Boat Registration and Safety Act, or a 
26
similar
provision proximately caused an incident resulting in 
 


 






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1
an appropriate emergency
response, shall be required to make 
2
restitution to a public agency for the
costs of that emergency 
3
response. The restitution may not exceed $1,000 per
public 
4
agency for each emergency response. As used in this subsection 
5
(m),
"emergency response" means any incident requiring a 
6
response by a police
officer, a firefighter carried on the 
7
rolls of a regularly constituted fire
department, or an 
8
ambulance.


9
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
10
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
11
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. 
12
6-28-06.)

 
13
    (Text of Section from P.A. 94-329 and 94-963)
14
    Sec. 11-501. Driving while under the influence of alcohol, 
15
other drug or
drugs, intoxicating compound or compounds or any 
16
combination thereof.


17
    (a) A person shall not drive or be in actual
physical 
18
control of any vehicle within this State while:


19
        (1) the alcohol concentration in the person's blood or 
20
    breath is 0.08
or more based on the definition of blood and 
21
    breath units in Section 11-501.2;


22
        (2) under the influence of alcohol;


23
        (3) under the influence of any intoxicating compound or 
24
    combination of
intoxicating compounds to a degree that his 
25
    or her mental or physical faculties are so impaired as to 
 


 






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1
    reduce his or her ability to think and act with ordinary 
2
    care
renders the person incapable of
driving safely;


3
        (4) under the influence of any other drug or 
4
    combination of drugs to a
degree that his or her mental or 
5
    physical faculties are so impaired as to reduce his or her 
6
    ability to think and act with ordinary care
renders the 
7
    person incapable of safely driving;


8
        (5) under the combined influence of alcohol, other drug 
9
    or drugs, or
intoxicating compound or compounds to a degree 
10
    that his or her mental or physical faculties are so 
11
    impaired as to reduce his or her ability to think and act 
12
    with ordinary care
renders the person
incapable of safely 
13
    driving; or


14
        (6) there is any amount of a drug, substance, or 
15
    compound in the
person's breath, blood, or urine resulting 
16
    from the unlawful use or consumption
of cannabis listed in 
17
    the Cannabis Control Act, a controlled substance listed
in 
18
    the Illinois Controlled Substances Act, or an intoxicating 
19
    compound listed
in the Use of Intoxicating Compounds Act.


20
    (b) The fact that any person charged with violating this 
21
Section is or
has been legally entitled to use alcohol, other 
22
drug or drugs, or
intoxicating compound or compounds, or any

23
combination thereof,  shall not constitute a defense against any 
24
charge of
violating this Section.


25
    (b-1) With regard to penalties imposed under this Section:

26
        (1) Any reference to a prior violation of subsection 
 


 






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1
    (a) or a similar
provision includes any violation of a 
2
    provision of a local ordinance or a
provision of a law of 
3
    another state that is similar to a violation of
subsection 
4
    (a) of this Section.

5
        (2) Any penalty imposed for driving with a license that 
6
    has been revoked
for a previous violation of subsection (a) 
7
    of this Section shall be in
addition to the penalty imposed 
8
    for any subsequent violation of subsection (a).

9
    (b-2) Except as otherwise provided in this Section, any 
10
person convicted of
violating subsection (a) of this Section is 
11
guilty of a Class A misdemeanor.

12
    (b-3) In addition to any other criminal or administrative 
13
sanction for any
second conviction of violating subsection (a) 
14
or a similar provision committed
within 5 years of a previous 
15
violation of subsection (a) or a similar
provision, the 
16
defendant shall be sentenced to a mandatory minimum of 5 days 
17
of
imprisonment or assigned a mandatory minimum of 240 hours of 
18
community service
as may be determined by the court.

19
    (b-4) In the case of a third or subsequent violation 
20
committed within 5
years of a previous violation of subsection 
21
(a) or a similar provision, in
addition to any other criminal 
22
or administrative sanction, a mandatory minimum
term of either 
23
10 days of imprisonment or 480 hours of community service shall

24
be imposed.

25
    (b-5) The imprisonment or assignment of community service 
26
under subsections
(b-3) and (b-4) shall not be subject to 
 


 






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1
suspension, nor shall the person be
eligible for a reduced 
2
sentence.


3
    (c) (Blank).



4
    (c-1) (1) A person who violates subsection (a)

during
a 
5
    period in which his
or her driving privileges are revoked 
6
    or suspended, where the revocation or
suspension was for a 
7
    violation of subsection (a), Section
11-501.1, paragraph 
8
    (b)
of Section 11-401, or for reckless homicide as defined 
9
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
10
    aggravated driving under the influence of alcohol, other 
11
    drug or drugs, intoxicating compound or compounds, or any 
12
    combination thereof and is guilty of a
Class 4 felony.


13
        (2) A person who violates subsection (a) a third
time, 
14
    if the third violation occurs during a period in
which his 
15
    or her driving privileges are revoked or suspended where 
16
    the
revocation
or suspension was for a violation of 
17
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
18
    11-401, or for reckless homicide as defined in Section 9-3

19
    of the Criminal Code of 1961, is guilty of aggravated 
20
    driving under the influence of alcohol, other drug or 
21
    drugs, intoxicating compound or compounds, or any 
22
    combination thereof and is guilty of
a Class 3 felony.
23
        (2.1) A person who violates subsection (a) a third 
24
    time, if the third
violation occurs during a period in 
25
    which his or her driving privileges are
revoked or 
26
    suspended where the revocation or suspension was for a 
 


 






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1
    violation of
subsection (a), Section 11-501.1, subsection 
2
    (b) of Section 11-401, or for
reckless homicide as defined 
3
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
4
    aggravated driving under the influence of alcohol, other 
5
    drug or drugs, intoxicating compound or compounds, or any 
6
    combination thereof and is guilty of a Class 3 felony; and 
7
    if the
person receives a term of
probation or conditional 
8
    discharge, he or she shall be required to serve a
mandatory

9
    minimum of 10 days of imprisonment or shall be assigned a 
10
    mandatory minimum of
480 hours of community service, as may 
11
    be determined by the court, as a
condition of the probation 
12
    or conditional discharge. This mandatory minimum
term of 
13
    imprisonment or assignment of community service shall not 
14
    be suspended
or reduced by the court.

15
        (2.2) A person who violates subsection (a), if the

16
    violation occurs during a period in which his or her 
17
    driving privileges are
revoked or suspended where the 
18
    revocation or suspension was for a violation of
subsection 
19
    (a) or Section 11-501.1, is guilty of aggravated driving 
20
    under the influence of alcohol, other drug or drugs, 
21
    intoxicating compound or compounds, or any combination 
22
    thereof and shall also be sentenced to an additional

23
    mandatory minimum term of 30 consecutive days of 
24
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
25
    720 hours of community service, as may be
determined by the 
26
    court.  This mandatory term of imprisonment or assignment of

 


 






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1
    community service shall  not be suspended or reduced by the 
2
    court.


3
        (3) A person who violates subsection (a) a fourth or

4
    subsequent time, if the fourth or subsequent violation 
5
    occurs
during a period in which his
or her driving 
6
    privileges are revoked or suspended where the revocation
or 
7
    suspension was for a violation of subsection (a),
Section 
8
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
9
    homicide as defined in
Section 9-3
of
the Criminal Code of 
10
    1961, is guilty of aggravated driving under the influence 
11
    of alcohol, other drug or drugs, intoxicating compound or 
12
    compounds, or any combination thereof and is guilty of
a 
13
    Class 2 felony, and is not eligible for a sentence of 
14
    probation or
conditional discharge.


15
    (c-2) (Blank).


16
    (c-3) (Blank).



17
    (c-4) (Blank).

18
    (c-5) A person who violates subsection (a), if the person 
19
was transporting
a person under the age of 16 at the time of 
20
the violation, is subject to an
additional mandatory minimum 
21
fine of $1,000, an additional mandatory minimum
140 hours of 
22
community service, which shall include 40 hours of community

23
service in a program benefiting children, and an additional 2 
24
days of
imprisonment. The imprisonment or assignment of 
25
community service under this
subsection (c-5) is not subject to 
26
suspension, nor is the person eligible for
a reduced sentence.

 


 






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1
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
2
person who
violates
subsection (a) a second time, if at the 
3
time of
the second violation the person was transporting a 
4
person under the age of 16,
is subject to an additional 10 days 
5
of imprisonment, an additional mandatory
minimum fine of 
6
$1,000, and an additional mandatory minimum 140 hours of

7
community service, which shall include 40 hours of community 
8
service in a
program benefiting children.
The imprisonment or 
9
assignment of community service under this subsection (c-6)
is 
10
not subject to suspension, nor is the person eligible for a 
11
reduced
sentence.

12
    (c-7) Except as provided in subsection (c-8), any person 
13
convicted of
violating subsection (c-6) or a similar
provision 
14
within 10 years of a previous violation of subsection (a) or a

15
similar provision shall receive, in addition to any other 
16
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
17
additional 40 hours of mandatory
community service in a program 
18
benefiting children, and a mandatory minimum
fine of $1,750. 
19
The imprisonment or assignment of community service under this

20
subsection (c-7) is not subject to suspension, nor is the 
21
person
eligible for a reduced sentence.

22
    (c-8) Any person convicted of violating subsection (c-6) or 
23
a similar
provision within 5 years of a previous violation of 
24
subsection (a) or a similar
provision shall receive, in 
25
addition to any other penalty imposed, an
additional 80 hours 
26
of mandatory community service in a program benefiting

 


 






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1
children, an additional mandatory minimum 12 days of 
2
imprisonment, and a
mandatory minimum fine of $1,750. The 
3
imprisonment or assignment of community
service under this 
4
subsection (c-8) is not subject to suspension, nor
is the

5
person eligible for a reduced sentence.

6
    (c-9) Any person convicted a third time for violating 
7
subsection (a) or a
similar provision, if at the time of the 
8
third violation the person was
transporting a person under the 
9
age of 16, is guilty of a Class 4 felony and shall
receive, in 
10
addition to any other
penalty imposed, an additional mandatory 
11
fine of $1,000, an additional
mandatory 140 hours of community 
12
service, which shall include 40 hours in a
program benefiting 
13
children, and a mandatory minimum 30 days of imprisonment.
The 
14
imprisonment or assignment of community service under this 
15
subsection (c-9)
is not subject to suspension, nor is the 
16
person eligible for a reduced
sentence.

17
    (c-10) Any person convicted of violating subsection (c-9) 
18
or a similar
provision a third time within 20 years of a 
19
previous violation of subsection
(a) or a
similar provision is 
20
guilty of a Class 4 felony and shall receive, in addition
to 
21
any other penalty imposed, an additional mandatory 40 hours of 
22
community
service in a program benefiting children, an 
23
additional mandatory fine of

$3,000, and a mandatory minimum 
24
120 days of imprisonment. The imprisonment or
assignment of 
25
community service under this subsection (c-10) is not subject 
26
to
suspension, nor is the person eligible for a reduced 
 


 






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1
sentence.

2
    (c-11) Any person convicted a fourth or subsequent time for 
3
violating
subsection (a) or a similar provision, if at the time 
4
of the fourth or
subsequent violation the person was 
5
transporting a person under the age of 16,
and if the person's 
6
3 prior violations of subsection (a) or a similar provision

7
occurred while transporting a person under the age of 16 or 
8
while the alcohol
concentration in his or her blood, breath, or 
9
urine was 0.16 or more based
on the definition of blood, 
10
breath, or urine units in Section 11-501.2, is
guilty of a 
11
Class 2 felony, is not eligible for probation or conditional

12
discharge, and is subject to a minimum fine of $3,000.

13
    (c-12) Any person convicted of a first violation of 
14
subsection (a) or a
similar provision, if the alcohol 
15
concentration in his or her blood, breath, or
urine was 0.16 or 
16
more based on the definition of blood, breath, or urine
units 
17
in Section 11-501.2, shall be subject, in addition to any other 
18
penalty
that may be imposed, to a mandatory minimum of 100 
19
hours of community service
and a mandatory minimum fine of 
20
$500.

21
    (c-13) Any person convicted of a second violation of 
22
subsection (a) or a similar provision committed within 10 years 
23
of a previous violation of subsection (a) or a similar 
24
provision committed within 10 years of a previous violation of 
25
subsection (a) or a similar provision, if at the time of the 
26
second violation of subsection (a) the
alcohol concentration in 
 


 






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1
his or her blood, breath, or urine was 0.16 or more
based on 
2
the definition of blood, breath, or urine units in Section 
3
11-501.2,
shall be
subject, in addition to any other penalty 
4
that may be imposed, to a mandatory
minimum of 2 days of 
5
imprisonment and a mandatory minimum fine of $1,250.

6
    (c-14) Any person convicted of a third violation of 
7
subsection (a) or a
similar provision within 20 years of a 
8
previous violation of subsection (a) or
a
similar provision, if 
9
at the time of the third violation of subsection (a) or a

10
similar provision the alcohol concentration in his or her 
11
blood, breath, or
urine was 0.16 or more based on the 
12
definition of blood, breath, or urine units
in Section 
13
11-501.2, is guilty of a Class 4 felony and shall be subject, 
14
in
addition to any other penalty that may be imposed, to a 
15
mandatory minimum of
90 days of imprisonment and a mandatory 
16
minimum fine of $2,500.

17
    (c-15) Any person convicted of a fourth or subsequent 
18
violation of
subsection
(a) or a similar provision, if at the 
19
time of the fourth or subsequent
violation the alcohol 
20
concentration in his or her blood, breath, or urine was
0.16 or 
21
more based on the definition of blood, breath, or urine units 
22
in
Section 11-501.2, and if the person's 3 prior violations of 
23
subsection (a) or a
similar provision occurred while 
24
transporting a person under the age of 16 or
while the alcohol 
25
concentration in his or her blood, breath, or urine was 0.16
or 
26
more based on the definition of blood, breath, or urine units 
 


 






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1
in Section
11-501.2, is guilty of a Class 2 felony and is not 
2
eligible for a sentence of
probation or conditional discharge 
3
and is subject to a minimum fine of
$2,500.


4
    (d) (1) Every person convicted of committing a violation of 
5
    this Section
shall be guilty of aggravated driving under 
6
    the influence of alcohol,
other drug or drugs, or 
7
    intoxicating compound or compounds, or any combination

8
    thereof if:


9
            (A) the person committed a violation of subsection 
10
        (a) or a similar
provision for the
third or subsequent 
11
        time;


12
            (B) the person committed a violation of subsection 
13
        (a)
while
driving a school bus with persons 18 years of 
14
        age or younger

on board;


15
            (C) the person in committing a violation of 
16
        subsection
(a) was
involved in a motor vehicle accident 
17
        that resulted in great bodily harm or
permanent 
18
        disability or disfigurement to another, when the 
19
        violation was
a proximate cause of the injuries;


20
            (D) the person committed a violation of subsection 
21
        (a)
for a
second time and has been previously convicted 
22
        of violating Section 9-3 of the
Criminal Code of 1961 
23
        or a similar provision of a law of another state 
24
        relating to reckless homicide in which the person was

25
        determined to have been under the influence of alcohol, 
26
        other drug or
drugs, or intoxicating compound or 
 


 






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1
        compounds as an element of the offense or
the person 
2
        has previously been convicted
under subparagraph (C) 
3
        or subparagraph (F) of this paragraph (1);


4
            (E) the person, in committing a violation of 
5
        subsection (a) while
driving at any speed in a school 
6
        speed zone at a time when a speed limit of
20 miles per 
7
        hour was in effect under subsection (a) of Section 
8
        11-605 of
this Code, was involved in a motor vehicle 
9
        accident that resulted in bodily
harm, other than great 
10
        bodily harm or permanent disability or disfigurement,

11
        to another person, when the violation of subsection (a) 
12
        was a
proximate cause
of the bodily harm; or


13
            (F) the person, in committing a violation of 
14
        subsection (a), was
involved in a motor vehicle, 
15
        snowmobile, all-terrain vehicle, or watercraft

16
        accident that resulted in
the death of another person, 
17
        when the violation of subsection
(a) was
a proximate 
18
        cause of the death;


19
            (G) the person committed the violation while he or 
20
        she did not possess a driver's license or permit or a 
21
        restricted driving permit or a judicial driving 
22
        permit; or

23
            (H) the person committed the violation while he or 
24
        she knew or should have known that the vehicle he or 
25
        she was driving was not covered by a liability 
26
        insurance policy.

 


 






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        (2) Except as provided in this paragraph (2) and in 
2
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
3
    person convicted of
aggravated driving under
the
influence 
4
    of alcohol, other drug or
drugs,
or intoxicating compound 
5
    or compounds, or any
combination thereof is guilty of a 
6
    Class 4 felony.  For a violation of
subparagraph (C)
of

7
    paragraph (1) of this subsection (d), the defendant, if 
8
    sentenced to a term
of imprisonment, shall be sentenced
to 
9
    not less than
one year nor more than 12 years.
Aggravated 
10
    driving under the influence of alcohol, other drug or 
11
    drugs,
or intoxicating compound or compounds, or any 
12
    combination thereof as
defined in subparagraph (F) of 
13
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
14
    for which the defendant, if sentenced to a term of

15
    imprisonment, shall be sentenced to: (A) a
term of 
16
    imprisonment of not less than 3 years and not more
than 14 
17
    years if the violation resulted in the death of one person; 
18
    or
(B) a term of imprisonment of not less than 6 years and 
19
    not
more than 28 years if the violation resulted in the 
20
    deaths of 2 or more
persons.
For any prosecution under this 
21
    subsection
(d), a certified copy of the
driving abstract of 
22
    the defendant shall be admitted as proof of any prior

23
    conviction.
Any person sentenced under this subsection (d) 
24
    who receives a term of
probation
or conditional discharge 
25
    must serve a minimum term of either 480 hours of
community 
26
    service or 10 days of imprisonment as a condition of the 
 


 






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1
    probation or
conditional discharge. This mandatory minimum 
2
    term of imprisonment or
assignment of community service may 
3
    not be suspended or reduced by the court.


4
    (e) After a finding of guilt and prior to any final 
5
sentencing, or an
order for supervision, for an offense based 
6
upon an arrest for a
violation of this Section or a similar 
7
provision of a local ordinance,
individuals shall be required 
8
to undergo a professional evaluation to
determine if an 
9
alcohol, drug, or intoxicating compound abuse problem exists

10
and the
extent of the problem, and undergo the imposition of 
11
treatment as appropriate.
Programs conducting these 
12
evaluations shall be
licensed by the Department of Human 
13
Services.  The cost of any professional
evaluation shall be paid 
14
for by the
individual
required to undergo the professional 
15
evaluation.


16
    (e-1) Any person who is found guilty of or pleads guilty to 
17
violating this
Section, including any person receiving a 
18
disposition of court supervision for
violating this Section, 
19
may be required by the Court to attend a victim
impact panel 
20
offered by, or under contract with, a County State's Attorney's

21
office, a probation and court services department, Mothers 
22
Against Drunk
Driving,
or the Alliance Against Intoxicated 
23
Motorists.
All costs generated by
the victim impact panel shall 
24
be paid from fees collected from the
offender or as may be 
25
determined by the court.


26
    (f) Every person found guilty of violating this Section, 
 


 






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1
whose
operation of a motor vehicle while in violation of this 
2
Section proximately
caused any incident resulting in an 
3
appropriate emergency response, shall
be liable for the expense 
4
of an emergency response as provided under
Section 5-5-3 of the 
5
Unified Code of Corrections.


6
    (g) The Secretary of State shall revoke the driving 
7
privileges of any
person convicted under this Section or a 
8
similar provision of a local
ordinance.


9
    (h) (Blank).



10
    (i) The Secretary of State shall require the use of 
11
ignition interlock
devices on all vehicles owned by an 
12
individual who has been convicted of a
second
or subsequent 
13
offense of this Section or a similar provision of a local

14
ordinance.  The Secretary shall establish by rule and regulation 
15
the procedures
for certification and use of the interlock 
16
system.


17
    (j) In addition to any other penalties and liabilities, a 
18
person who is
found guilty of or pleads guilty to violating 
19
subsection (a), including any
person placed on court 
20
supervision for violating subsection (a), shall be fined
$500, 
21
payable to the
circuit clerk, who shall distribute the money as 
22
follows: 20% to the law enforcement agency
that made the arrest 
23
and 80% shall be forwarded to the State Treasurer for deposit 
24
into the General Revenue Fund.  If the person has been 
25
previously convicted of violating
subsection (a) or a similar 
26
provision of a local
ordinance, the fine shall be
$1,000.  In 
 


 






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1
the event that more than one agency is responsible
for the 
2
arrest, the amount payable to law enforcement agencies  shall be 
3
shared equally.  Any moneys received
by a law
enforcement agency 
4
under this subsection (j) shall be used for enforcement and 
5
prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the purchase of law
enforcement equipment and 
9
commodities that will assist in the prevention of alcohol 
10
related
criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations. Equipment and commodities 
16
shall include, but are not limited
to, in-car video cameras, 
17
radar and laser speed detection devices, and alcohol
breath 
18
testers.
Any moneys received by the Department of State Police 
19
under this subsection
(j) shall be deposited into the State 
20
Police DUI Fund and shall be used for enforcement and 
21
prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the

purchase of law enforcement equipment and 
25
commodities that will assist in the prevention of
alcohol 
26
related criminal violence throughout the State; police officer 
 


 






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1
training and education in areas related to alcohol related 
2
crime, including but not limited to DUI training; and police 
3
officer salaries, including but not limited to salaries for 
4
hire back funding for safety checkpoints, saturation patrols, 
5
and liquor store sting operations.


6
    (k) The Secretary of State Police DUI Fund is created as a 
7
special
fund in the State treasury. All moneys received by the 
8
Secretary of State
Police under subsection (j) of this Section 
9
shall be deposited into the
Secretary of State Police DUI Fund 
10
and, subject to appropriation, shall be
used for enforcement 
11
and prevention of driving while under the influence of alcohol, 
12
other drug or drugs, intoxicating compound or compounds or any 
13
combination thereof, as defined by this Section, including but 
14
not limited to the purchase of law enforcement equipment and 
15
commodities to assist in the prevention of
alcohol related 
16
criminal violence throughout the State; police officer 
17
training and education in areas related to alcohol related 
18
crime, including but not limited to DUI training; and police 
19
officer salaries, including but not limited to salaries for 
20
hire back funding for safety checkpoints, saturation patrols, 
21
and liquor store sting operations.


22
    (l) Whenever an individual is sentenced for an offense 
23
based upon an
arrest for a violation of subsection (a) or a 
24
similar provision of a local
ordinance, and the professional 
25
evaluation recommends remedial or
rehabilitative treatment or 
26
education, neither the treatment nor the education
shall be the 
 


 






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1
sole disposition and either or both may be imposed only in

2
conjunction with another disposition. The court shall monitor 
3
compliance with
any remedial education or treatment 
4
recommendations contained in the
professional evaluation. 
5
Programs conducting alcohol or other drug evaluation
or 
6
remedial education must be licensed by the Department of Human 
7
Services. If
the individual is not a resident of Illinois, 
8
however, the court may accept an
alcohol or other drug 
9
evaluation or remedial education program in the
individual's 
10
state of residence.  Programs providing treatment must be 
11
licensed
under existing applicable alcoholism and drug 
12
treatment licensure standards.

13
    (m) In addition to any other fine or penalty required by 
14
law, an individual
convicted of a violation of subsection (a), 
15
Section 5-7 of the Snowmobile
Registration and Safety Act, 
16
Section 5-16 of the Boat Registration and Safety
Act, or a 
17
similar provision, whose operation of a motor vehicle, 
18
snowmobile, or
watercraft while in
violation of subsection (a), 
19
Section 5-7 of the Snowmobile Registration and
Safety Act, 
20
Section 5-16 of the Boat Registration and Safety Act, or a 
21
similar
provision proximately caused an incident resulting in 
22
an appropriate emergency
response, shall be required to make 
23
restitution to a public agency for the
costs of that emergency 
24
response. The restitution may not exceed $1,000 per
public 
25
agency for each emergency response. As used in this subsection 
26
(m),
"emergency response" means any incident requiring a 
 


 






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1
response by a police
officer, a firefighter carried on the 
2
rolls of a regularly constituted fire
department, or an 
3
ambulance.


4
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
5
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
6
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. 
7
6-28-06.)