94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4204


 
Introduced 11/16/2005, by Rep. Harry R. Ramey, Jr.
 
SYNOPSIS AS INTRODUCED:
 		













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








    Amends the Illinois Vehicle Code. Provides that the additional fine collected by the circuit clerk from any person convicted of DUI shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol and drug related crime and any other act related to criminal violence, rather than in the prevention of  alcohol related criminal violence, throughout the State. Provides that the equipment purchased shall include vehicles. Effective immediately. 
















LRB094 15277 DRH 50468 b

















 


 


A BILL FOR









 











HB4204

LRB094 15277 DRH 50468 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)
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 
19
    renders the person incapable of
driving safely;


20
        (4) under the influence of any other drug or 
21
    combination of drugs to a
degree that renders the person 
22
    incapable of safely driving;


23
        (5) under the combined influence of alcohol, other drug 
24
    or drugs, or
intoxicating compound or compounds to a degree 
25
    that renders the person
incapable of safely driving; or


26
        (6) there is any amount of a drug, substance, or 
27
    compound in the
person's breath, blood, or urine resulting 
28
    from the unlawful use or consumption
of cannabis listed in 
29
    the Cannabis Control Act, a controlled substance listed
in 
30
    the Illinois Controlled Substances Act, or an intoxicating 
31
    compound listed
in the Use of Intoxicating Compounds Act.


32
    (b) The fact that any person charged with violating this 
 


 






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1
Section is or
has been legally entitled to use alcohol, other 
2
drug or drugs, or
intoxicating compound or compounds, or any

3
combination thereof,  shall not constitute a defense against any 
4
charge of
violating this Section.


5
    (b-1) With regard to penalties imposed under this Section:

6
        (1) Any reference to a prior violation of subsection 
7
    (a) or a similar
provision includes any violation of a 
8
    provision of a local ordinance or a
provision of a law of 
9
    another state that is similar to a violation of
subsection 
10
    (a) of this Section.

11
        (2) Any penalty imposed for driving with a license that 
12
    has been revoked
for a previous violation of subsection (a) 
13
    of this Section shall be in
addition to the penalty imposed 
14
    for any subsequent violation of subsection (a).

15
    (b-2) Except as otherwise provided in this Section, any 
16
person convicted of
violating subsection (a) of this Section is 
17
guilty of a Class A misdemeanor.

18
    (b-3) In addition to any other criminal or administrative 
19
sanction for any
second conviction of violating subsection (a) 
20
or a similar provision committed
within 5 years of a previous 
21
violation of subsection (a) or a similar
provision, the 
22
defendant shall be sentenced to a mandatory minimum of 5 days 
23
of
imprisonment or assigned a mandatory minimum of 240 hours of 
24
community service
as may be determined by the court.

25
    (b-4) In the case of a third or subsequent violation 
26
committed within 5
years of a previous violation of subsection 
27
(a) or a similar provision, in
addition to any other criminal 
28
or administrative sanction, a mandatory minimum
term of either 
29
10 days of imprisonment or 480 hours of community service shall

30
be imposed.

31
    (b-5) The imprisonment or assignment of community service 
32
under subsections
(b-3) and (b-4) shall not be subject to 
33
suspension, nor shall the person be
eligible for a reduced 
34
sentence.


35
    (c) (Blank).



36
    (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 
27
    additional
mandatory minimum term of 30 consecutive days of 
28
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
29
    720 hours of community service, as may be
determined by the 
30
    court.  This mandatory term of imprisonment or assignment of

31
    community service shall  not be suspended or reduced by the 
32
    court.


33
        (3) A person who violates subsection (a) a fourth or

34
    subsequent time, if the fourth or subsequent violation 
35
    occurs
during a period in which his
or her driving 
36
    privileges are revoked or suspended where the revocation
or 
 


 






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1
    suspension was for a violation of subsection (a),
Section 
2
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
3
    homicide as defined in
Section 9-3
of
the Criminal Code of 
4
    1961, is guilty of
a Class 2 felony and is not eligible for 
5
    a sentence of probation or
conditional discharge.


6
    (c-2) (Blank).


7
    (c-3) (Blank).



8
    (c-4) (Blank).

9
    (c-5)(1) A person who violates subsection (a), if the 
10
    person was transporting
a person under the age of 16 at the 
11
    time of the violation, is subject to an
additional 
12
    mandatory minimum fine of $1,000, an additional mandatory 
13
    minimum
140 hours of community service, which shall include 
14
    40 hours of community
service in a program benefiting 
15
    children, and an additional 2 days of
imprisonment. The 
16
    imprisonment or assignment of community service under this 
17
    subdivision (c-5)(1) is not subject to suspension, nor is 
18
    the person eligible for
a reduced sentence.

19
        (2) Except as provided in subdivisions (c-5)(3) and 
20
    (c-5)(4) a person who
violates
subsection (a) a second 
21
    time, if at the time of
the second violation the person was 
22
    transporting a person under the age of 16,
is subject to an 
23
    additional 10 days of imprisonment, an additional 
24
    mandatory
minimum fine of $1,000, and an additional 
25
    mandatory minimum 140 hours of
community service, which 
26
    shall include 40 hours of community service in a
program 
27
    benefiting children.
The imprisonment or assignment of 
28
    community service under this subdivision (c-5)(2)

is not 
29
    subject to suspension, nor is the person eligible for a 
30
    reduced
sentence.

31
        (3) Except as provided in subdivision (c-5)(4), any 
32
    person convicted of
violating subdivision (c-5)(2) or a 
33
    similar
provision within 10 years of a previous violation 
34
    of subsection (a) or a
similar provision shall receive, in 
35
    addition to any other penalty imposed, a
mandatory minimum 
36
    12 days imprisonment, an additional 40 hours of mandatory

 


 






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    community service in a program benefiting children, and a 
2
    mandatory minimum
fine of $1,750. The imprisonment or 
3
    assignment of community service under this subdivision 
4
    (c-5)(3) is not subject to suspension, nor is the person

5
    eligible for a reduced sentence.

6
        (4) Any person convicted of violating subdivision 
7
    (c-5)(2) or a similar
provision within 5 years of a 
8
    previous violation of subsection (a) or a similar
provision 
9
    shall receive, in addition to any other penalty imposed, an

10
    additional 80 hours of mandatory community service in a 
11
    program benefiting
children, an additional mandatory 
12
    minimum 12 days of imprisonment, and a
mandatory minimum 
13
    fine of $1,750. The imprisonment or assignment of community

14
    service under this subdivision (c-5)(4)

is not subject to 
15
    suspension, nor
is the
person eligible for a reduced 
16
    sentence.

17
        (5) Any person convicted a third time for violating 
18
    subsection (a) or a
similar provision, if at the time of 
19
    the third violation the person was
transporting a person 
20
    under the age of 16, is guilty of a Class 4 felony and 
21
    shall
receive, in addition to any other
penalty imposed, an 
22
    additional mandatory fine of $1,000, an additional

23
    mandatory 140 hours of community service, which shall 
24
    include 40 hours in a
program benefiting children, and a 
25
    mandatory minimum 30 days of imprisonment.
The 
26
    imprisonment or assignment of community service under this 
27
    subdivision (c-5)(5)

is not subject to suspension, nor is 
28
    the person eligible for a reduced
sentence.

29
        (6) Any person convicted of violating subdivision 
30
    (c-5)(5) or a similar
provision a third time within 20 
31
    years of a previous violation of subsection
(a) or a

32
    similar provision is guilty of a Class 4 felony and shall 
33
    receive, in addition
to any other penalty imposed, an 
34
    additional mandatory 40 hours of community
service in a 
35
    program benefiting children, an additional mandatory fine 
36
    of
$3,000, and a mandatory minimum 120 days of 
 


 






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1
    imprisonment. The imprisonment or
assignment of community 
2
    service under this subdivision (c-5)(6) is not subject to

3
    suspension, nor is the person eligible for a reduced 
4
    sentence.

5
        (7) Any person convicted a fourth or subsequent time 
6
    for violating
subsection (a) or a similar provision, if at 
7
    the time of the fourth or
subsequent violation the person 
8
    was transporting a person under the age of 16,
and if the 
9
    person's 3 prior violations of subsection (a) or a
similar 
10
    provision
occurred while transporting a person under the 
11
    age of 16 or while the alcohol
concentration in his or her 
12
    blood, breath, or urine was 0.16 or more based
on the 
13
    definition of blood, breath, or urine units in Section 
14
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
15
    for probation or conditional
discharge, and is subject to a 
16
    minimum fine of $3,000.

17
    (c-6)(1) Any person convicted of a first violation of 
18
    subsection (a) or a
similar provision, if 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, shall be subject, in 
22
    addition to any other penalty
that may be imposed, to a 
23
    mandatory minimum of 100 hours of community service
and a 
24
    mandatory minimum fine of $500.

25
        (2) Any person convicted of a second violation of 
26
    subsection (a) or a similar provision committed within 10 
27
    years of a previous violation of subsection (a) or a 
28
    similar provision, if at the time of the second violation 
29
    of subsection (a) or a similar provision the
alcohol 
30
    concentration in his or her blood, breath, or urine was 
31
    0.16 or more
based on the definition of blood, breath, or 
32
    urine units in Section 11-501.2,
shall be
subject, in 
33
    addition to any other penalty that may be imposed, to a 
34
    mandatory
minimum of 2 days of imprisonment and a mandatory 
35
    minimum fine of $1,250.

36
        (3) Any person convicted of a third violation of 
 


 






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1
    subsection (a) or a
similar provision within 20 years of a 
2
    previous violation of subsection (a) or
a
similar 
3
    provision, if at the time of the third violation of 
4
    subsection (a) or a
similar provision the alcohol 
5
    concentration in his or her blood, breath, or
urine was 
6
    0.16 or more based on the definition of blood, breath, or 
7
    urine units
in Section 11-501.2, is guilty of a Class 4 
8
    felony and shall be subject, in
addition to any other 
9
    penalty that may be imposed, to a mandatory minimum of
90 
10
    days of imprisonment and a mandatory minimum fine of 
11
    $2,500.

12
        (4) Any person convicted of a fourth or subsequent 
13
    violation of
subsection
(a) or a similar provision, if at 
14
    the time of the fourth or subsequent
violation the alcohol 
15
    concentration in his or her blood, breath, or urine was

16
    0.16 or more based on the definition of blood, breath, or 
17
    urine units in
Section 11-501.2, and if the person's 3 
18
    prior violations of subsection (a) or a
similar provision 
19
    occurred while transporting a person under the age of 16 or

20
    while the alcohol concentration in his or her blood, 
21
    breath, or urine was 0.16
or more based on the definition 
22
    of blood, breath, or urine units in Section
11-501.2, is 
23
    guilty of a Class 2 felony and is not eligible for a 
24
    sentence of
probation or conditional discharge and is 
25
    subject to a minimum fine of
$2,500.


26
    (d) (1) Every person convicted of committing a violation of 
27
    this Section
shall be guilty of aggravated driving under 
28
    the influence of alcohol,
other drug or drugs, or 
29
    intoxicating compound or compounds, or any combination

30
    thereof if:


31
            (A) the person committed a violation of subsection 
32
        (a) or a similar
provision for the
third or subsequent 
33
        time;


34
            (B) the person committed a violation of subsection 
35
        (a)
while
driving a school bus with persons 18 years of 
36
        age or younger

on board;


 


 






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


6
            (D) the person committed a violation of subsection 
7
        (a)
for a
second time and has been previously convicted 
8
        of violating Section 9-3 of the
Criminal Code of 1961 
9
        or a similar provision of a law of another state 
10
        relating to reckless homicide in which the person was

11
        determined to have been under the influence of alcohol, 
12
        other drug or
drugs, or intoxicating compound or 
13
        compounds as an element of the offense or
the person 
14
        has previously been convicted
under subparagraph (C) 
15
        or subparagraph (F) of this paragraph (1);


16
            (E) the person, in committing a violation of 
17
        subsection (a) while
driving at any speed in a school 
18
        speed zone at a time when a speed limit of
20 miles per 
19
        hour was in effect under subsection (a) of Section 
20
        11-605 of
this Code, was involved in a motor vehicle 
21
        accident that resulted in bodily
harm, other than great 
22
        bodily harm or permanent disability or disfigurement,

23
        to another person, when the violation of subsection (a) 
24
        was a
proximate cause
of the bodily harm; or


25
            (F) the person, in committing a violation of 
26
        subsection (a), was
involved in a motor vehicle, 
27
        snowmobile, all-terrain vehicle, or watercraft

28
        accident that resulted in
the death of another person, 
29
        when the violation of subsection
(a) was
a proximate 
30
        cause of the death.


31
        (2) Except as provided in this paragraph (2), a person 
32
    convicted of
aggravated driving under
the
influence of 
33
    alcohol, other drug or
drugs,
or intoxicating compound or 
34
    compounds, or any
combination thereof is guilty of a Class 
35
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
36
    (1) of this subsection (d), the defendant, if sentenced to 
 


 






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1
    a term
of imprisonment, shall be sentenced
to not less than

2
    one year nor more than 12 years.
Aggravated driving under 
3
    the influence of alcohol, other drug or drugs,
or 
4
    intoxicating compound or compounds, or any combination 
5
    thereof as
defined in subparagraph (F) of paragraph (1) of 
6
    this subsection (d) is
a Class 2 felony, for which the 
7
    defendant, if sentenced to a term of
imprisonment, shall be 
8
    sentenced to: (A) a
term of imprisonment of not less than 3 
9
    years and not more
than 14 years if the violation resulted 
10
    in the death of one person; or
(B) a term of imprisonment 
11
    of not less than 6 years and not
more than 28 years if the 
12
    violation resulted in the deaths of 2 or more
persons.
For 
13
    any prosecution under this subsection
(d), a certified copy 
14
    of the
driving abstract of the defendant shall be admitted 
15
    as proof of any prior
conviction.
Any person sentenced 
16
    under this subsection (d) who receives a term of
probation

17
    or conditional discharge must serve a minimum term of 
18
    either 480 hours of
community service or 10 days of 
19
    imprisonment as a condition of the probation or
conditional 
20
    discharge. This mandatory minimum term of imprisonment or

21
    assignment of community service may not be suspended or 
22
    reduced by the court.


23
    (e) After a finding of guilt and prior to any final 
24
sentencing, or an
order for supervision, for an offense based 
25
upon an arrest for a
violation of this Section or a similar 
26
provision of a local ordinance,
individuals shall be required 
27
to undergo a professional evaluation to
determine if an 
28
alcohol, drug, or intoxicating compound abuse problem exists

29
and the
extent of the problem, and undergo the imposition of 
30
treatment as appropriate.
Programs conducting these 
31
evaluations shall be
licensed by the Department of Human 
32
Services.  The cost of any professional
evaluation shall be paid 
33
for by the
individual
required to undergo the professional 
34
evaluation.


35
    (e-1) Any person who is found guilty of or pleads guilty to 
36
violating this
Section, including any person receiving a 
 


 






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disposition of court supervision for
violating this Section, 
2
may be required by the Court to attend a victim
impact panel 
3
offered by, or under contract with, a County State's Attorney's

4
office, a probation and court services department, Mothers 
5
Against Drunk
Driving,
or the Alliance Against Intoxicated 
6
Motorists.
All costs generated by
the victim impact panel shall 
7
be paid from fees collected from the
offender or as may be 
8
determined by the court.


9
    (f) Every person found guilty of violating this Section, 
10
whose
operation of a motor vehicle while in violation of this 
11
Section proximately
caused any incident resulting in an 
12
appropriate emergency response, shall
be liable for the expense 
13
of an emergency response as provided under
Section 5-5-3 of the 
14
Unified Code of Corrections.


15
    (g) The Secretary of State shall revoke the driving 
16
privileges of any
person convicted under this Section or a 
17
similar provision of a local
ordinance.


18
    (h) (Blank).



19
    (i) The Secretary of State shall require the use of 
20
ignition interlock
devices on all vehicles owned by an 
21
individual who has been convicted of a
second
or subsequent 
22
offense of this Section or a similar provision of a local

23
ordinance.  The Secretary shall establish by rule and regulation 
24
the procedures
for certification and use of the interlock 
25
system.


26
    (j) In addition to any other penalties and liabilities, a 
27
person who is
found guilty of or pleads guilty to violating 
28
subsection (a), including any
person placed on court 
29
supervision for violating subsection (a), shall be fined
$500, 
30
payable to the
circuit clerk, who shall distribute the money as 
31
follows: 20% to the law enforcement agency
that made the arrest 
32
and 80% shall be forwarded to the State Treasurer for deposit 
33
into the General Revenue Fund.  If the person has been 
34
previously convicted of violating
subsection (a) or a similar 
35
provision of a local
ordinance, the fine shall be
$1,000.  In 
36
the event that more than one agency is responsible
for the 
 


 






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arrest, the amount payable to law enforcement agencies  shall be 
2
shared equally.  Any moneys received
by a law
enforcement agency 
3
under this subsection (j) shall be used to purchase law

4
enforcement equipment that will assist in the prevention of 
5
alcohol and drug related crime and any other act related to

6
alcohol related
criminal violence throughout the State.  This 
7
shall include, but is not limited
to, in-car video cameras, 
8
radar and laser speed detection devices, and alcohol
breath 
9
testers, and vehicles.
Any moneys received by the Department of 
10
State Police under this subsection
(j) shall be deposited into 
11
the State Police DUI Fund and shall be used to
purchase law 
12
enforcement equipment that will assist in the prevention of 
13
alcohol and drug related crime and any other act related to

14
alcohol related criminal violence throughout the State.


15
    (k) The Secretary of State Police DUI Fund is created as a 
16
special
fund in the State treasury. All moneys received by the 
17
Secretary of State
Police under subsection (j) of this Section 
18
shall be deposited into the
Secretary of State Police DUI Fund 
19
and, subject to appropriation, shall be
used to purchase law 
20
enforcement equipment to assist in the prevention of alcohol 
21
and drug related crime and any other act related to
alcohol 
22
related criminal violence throughout the State.


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 
27
education, neither the treatment nor the education
shall be the 
28
sole disposition and either or both may be imposed only in

29
conjunction with another disposition. The court shall monitor 
30
compliance with
any remedial education or treatment 
31
recommendations contained in the
professional evaluation. 
32
Programs conducting alcohol or other drug evaluation
or 
33
remedial education must be licensed by the Department of Human 
34
Services. If
the individual is not a resident of Illinois, 
35
however, the court may accept an
alcohol or other drug 
36
evaluation or remedial education program in the
individual's 
 


 






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1
state of residence.  Programs providing treatment must be 
2
licensed
under existing applicable alcoholism and drug 
3
treatment licensure standards.

4
    (m) In addition to any other fine or penalty required by 
5
law, an individual
convicted of a violation of subsection (a), 
6
Section 5-7 of the Snowmobile
Registration and Safety Act, 
7
Section 5-16 of the Boat Registration and Safety
Act, or a 
8
similar provision, whose operation of a motor vehicle, 
9
snowmobile, or
watercraft while in
violation of subsection (a), 
10
Section 5-7 of the Snowmobile Registration and
Safety Act, 
11
Section 5-16 of the Boat Registration and Safety Act, or a 
12
similar
provision proximately caused an incident resulting in 
13
an appropriate emergency
response, shall be required to make 
14
restitution to a public agency for the
costs of that emergency 
15
response. The restitution may not exceed $1,000 per
public 
16
agency for each emergency response. As used in this subsection 
17
(m),
"emergency response" means any incident requiring a 
18
response by a police
officer, a firefighter carried on the 
19
rolls of a regularly constituted fire
department, or an 
20
ambulance.


21
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
22
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
23
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
24
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
25
eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)

 
26
    (Text of Section from P.A. 94-110)
27
    Sec. 11-501. Driving while under the influence of alcohol, 
28
other drug or
drugs, intoxicating compound or compounds or any 
29
combination thereof.

30
    (a) A person shall not drive or be in actual
physical 
31
control of any vehicle within this State while:


32
        (1) the alcohol concentration in the person's blood or 
33
    breath is 0.08
or more based on the definition of blood and 
34
    breath units in Section 11-501.2;


35
        (2) under the influence of alcohol;


 


 






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1
        (3) under the influence of any intoxicating compound or 
2
    combination of
intoxicating compounds to a degree that 
3
    renders the person incapable of
driving safely;


4
        (4) under the influence of any other drug or 
5
    combination of drugs to a
degree that renders the person 
6
    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 renders the person
incapable of safely 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.

27
        (2) Any penalty imposed for driving with a license that 
28
    has been revoked
for a previous violation of subsection (a) 
29
    of this Section shall be in
addition to the penalty imposed 
30
    for any subsequent violation of subsection (a).

31
    (b-2) Except as otherwise provided in this Section, any 
32
person convicted of
violating subsection (a) of this Section is 
33
guilty of a Class A misdemeanor.

34
    (b-3) In addition to any other criminal or administrative 
35
sanction for any
second conviction of violating subsection (a) 
36
or a similar provision committed
within 5 years of a previous 
 


 






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1
violation of subsection (a) or a similar
provision, the 
2
defendant shall be sentenced to a mandatory minimum of 5 days 
3
of
imprisonment or assigned a mandatory minimum of 240 hours of 
4
community service
as may be determined by the court.

5
    (b-4) In the case of a third or subsequent violation 
6
committed within 5
years of a previous violation of subsection 
7
(a) or a similar provision, in
addition to any other criminal 
8
or administrative sanction, a mandatory minimum
term of either 
9
10 days of imprisonment or 480 hours of community service shall

10
be imposed.

11
    (b-5) The imprisonment or assignment of community service 
12
under subsections
(b-3) and (b-4) shall not be subject to 
13
suspension, nor shall the person be
eligible for a reduced 
14
sentence.


15
    (c) (Blank).



16
    (c-1) (1) A person who violates subsection (a)

during
a 
17
    period in which his
or her driving privileges are revoked 
18
    or suspended, where the revocation or
suspension was for a 
19
    violation of subsection (a), Section
11-501.1, paragraph 
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 4 felony.


23
        (2) A person who violates subsection (a) a third
time, 
24
    if the third violation occurs during a period in
which his 
25
    or her driving privileges are revoked or suspended where 
26
    the
revocation
or suspension was for a violation of 
27
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
28
    11-401, or for reckless homicide as defined in Section 9-3

29
    of the Criminal Code of 1961, is guilty of
a Class 3 
30
    felony; and if the
person receives a term of
probation or 
31
    conditional discharge, he or she shall be required to serve 
32
    a
mandatory
minimum of 10 days of imprisonment or shall be 
33
    assigned a mandatory minimum of
480 hours of community 
34
    service, as may be determined by the court, as a
condition 
35
    of the probation or conditional discharge. This mandatory 
36
    minimum
term of imprisonment or assignment of community 
 


 






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

2
        (2.2) A person who violates subsection (a), if the

3
    violation occurs during a period in which his or her 
4
    driving privileges are
revoked or suspended where the 
5
    revocation or suspension was for a violation of
subsection 
6
    (a) or Section 11-501.1, shall also be sentenced to an 
7
    additional
mandatory minimum term of 30 consecutive days of 
8
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
9
    720 hours of community service, as may be
determined by the 
10
    court.  This mandatory term of imprisonment or assignment of

11
    community service shall  not be suspended or reduced by the 
12
    court.


13
        (3) A person who violates subsection (a) a fourth or

14
    subsequent time, if the fourth or subsequent violation 
15
    occurs
during a period in which his
or her driving 
16
    privileges are revoked or suspended where the revocation
or 
17
    suspension was for a violation of subsection (a),
Section 
18
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
19
    homicide as defined in
Section 9-3
of
the Criminal Code of 
20
    1961, is guilty of
a Class 2 felony and is not eligible for 
21
    a sentence of probation or
conditional discharge.


22
    (c-2) (Blank).


23
    (c-3) (Blank).



24
    (c-4) (Blank).

25
    (c-5) Except as provided in subsection (c-5.1), a person 21 
26
years of age or older who violates subsection (a), if the 
27
person was transporting
a person under the age of 16 at the 
28
time of the violation, is subject to 6 months of imprisonment, 
29
an
additional mandatory minimum fine of $1,000, and 25 days of 
30
community service in a program benefiting children. The 
31
imprisonment or assignment of community service under this

32
subsection (c-5) is not subject to suspension, nor is the 
33
person eligible for
a reduced sentence.

34
    (c-5.1) A person 21 years of age or older who is convicted 
35
of violating subsection (a) of this Section
a
first time and 
36
who in committing that violation was involved in a motor 
 


 






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1
vehicle
accident that resulted in bodily harm to the child 
2
under the age of 16 being
transported by the person, if the 
3
violation was the proximate cause of the
injury, is guilty of a 
4
Class 4 felony and is subject to one year of
imprisonment,
a 
5
mandatory fine of $2,500, and 25 days of community service in a 
6
program
benefiting children. The imprisonment or assignment to 
7
community service under
this subsection (c-5.1) shall not be 
8
subject to suspension, nor shall the person be
eligible for 
9
probation in order to reduce the sentence or assignment.

10
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
11
a person 21 years of age or older who
violates
subsection (a) a 
12
second time, if at the time of
the second violation the person 
13
was transporting a person under the age of 16,
is subject to 6 
14
months of imprisonment, an additional mandatory
minimum fine of 
15
$1,000, and an additional mandatory minimum 140 hours of

16
community service, which shall include 40 hours of community 
17
service in a
program benefiting children.
The imprisonment or 
18
assignment of community service under this subsection (c-6)
is 
19
not subject to suspension, nor is the person eligible for a 
20
reduced
sentence.

21
    (c-7) Except as provided in subsection (c-7.1), any person 
22
21 years of age or older convicted of
violating subsection 
23
(c-6) or a similar
provision within 10 years of a previous 
24
violation of subsection (a) or a
similar provision is guilty of 
25
a Class 4 felony and, in addition to any other penalty imposed, 
26
is subject to one year of

imprisonment, 25 days of mandatory

27
community service in a program benefiting children, and a 
28
mandatory
fine of $2,500. The imprisonment or assignment of 
29
community service under this
subsection (c-7) is not subject to 
30
suspension, nor is the person
eligible for a reduced sentence.

31
    (c-7.1) A person 21 years of age or older who is convicted 
32
of violating subsection (a) of this Section
a
second time 
33
within 10 years and who in committing that violation was 
34
involved
in a motor vehicle accident that resulted in bodily 
35
harm to the child under the
age of 16 being transported, if the 
36
violation was the proximate cause of the
injury, is guilty of a 
 


 






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1
Class 4 felony and is subject to 18 months of
imprisonment, a

2
mandatory fine of $5,000, and 25 days of community service in a 
3
program
benefiting
children. The imprisonment or assignment to 
4
community service under this
subsection
(c-7.1) shall not be 
5
subject to suspension, nor shall the person be eligible for

6
probation in order
to reduce the sentence or assignment.

7
    (c-8) (Blank).

8
    (c-9)  Any person 21 years of age or older convicted a third 
9
time for violating subsection (a) or a
similar provision, if at 
10
the time of the third violation the person was
transporting a 
11
person under the age of 16, is guilty of a Class 4 felony and is 
12
subject to 18 months of imprisonment, a mandatory fine of 
13
$2,500, and 25 days  of community service in a
program 
14
benefiting children.
The imprisonment or assignment of 
15
community service under this subsection (c-9)
is not subject to 
16
suspension, nor is the person eligible for a reduced
sentence.

17
    (c-10) Any person 21 years of age or older convicted of 
18
violating subsection (c-9) or a similar
provision a third time 
19
within 20 years of a previous violation of subsection
(a) or a

20
similar provision is guilty of a Class 3 felony and, in 
21
addition
to any other penalty imposed, is subject to 3 years of 
22
imprisonment, 25 days of community
service in a program 
23
benefiting children, and a mandatory fine of
$25,000. The 
24
imprisonment or
assignment of community service under this 
25
subsection (c-10) is not subject to
suspension, nor is the 
26
person eligible for a reduced sentence.

27
    (c-11) Any person 21 years of age or older convicted a 
28
fourth or subsequent time for violating
subsection (a) or a 
29
similar provision, if at the time of the fourth or
subsequent 
30
violation the person was transporting a person under the age of 
31
16,
and if the person's 3 prior violations of subsection (a) or 
32
a similar provision
occurred while transporting a person under 
33
the age of 16 or while the alcohol
concentration in his or her 
34
blood, breath, or urine was 0.16 or more based
on the 
35
definition of blood, breath, or urine units in Section 
36
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
 


 






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1
probation or conditional
discharge, and is subject to a minimum 
2
fine of $25,000.

3
    (c-12) Any person convicted of a first violation of 
4
subsection (a) or a
similar provision, if the alcohol 
5
concentration in his or her blood, breath, or
urine was 0.16 or 
6
more based on the definition of blood, breath, or urine
units 
7
in Section 11-501.2, shall be subject, in addition to any other 
8
penalty
that may be imposed, to a mandatory minimum of 100 
9
hours of community service
and a mandatory minimum fine of 
10
$500.

11
    (c-13) Any person convicted of a second violation of 
12
subsection (a) or a similar provision committed within 10 years 
13
of a previous violation of subsection (a) or a similar 
14
provision, if at the time of the second violation of subsection 
15
(a) or a similar provision the
alcohol concentration in his or 
16
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,
shall be
subject, in addition to any other penalty 
19
that may be imposed, to a mandatory
minimum of 2 days of 
20
imprisonment and a mandatory minimum fine of $1,250.

21
    (c-14) Any person convicted of a third violation of 
22
subsection (a) or a
similar provision within 20 years of a 
23
previous violation of subsection (a) or
a
similar provision, if 
24
at the time of the third violation of subsection (a) or a

25
similar provision the alcohol concentration in his or her 
26
blood, breath, or
urine was 0.16 or more based on the 
27
definition of blood, breath, or urine units
in Section 
28
11-501.2, is guilty of a Class 4 felony and shall be subject, 
29
in
addition to any other penalty that may be imposed, to a 
30
mandatory minimum of
90 days of imprisonment and a mandatory 
31
minimum fine of $2,500.

32
    (c-15) Any person convicted of a fourth or subsequent 
33
violation of
subsection
(a) or a similar provision, if at the 
34
time of the fourth or subsequent
violation the alcohol 
35
concentration in his or her blood, breath, or urine was
0.16 or 
36
more based on the definition of blood, breath, or urine units 
 


 






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1
in
Section 11-501.2, and if the person's 3 prior violations of 
2
subsection (a) or a
similar provision occurred while 
3
transporting a person under the age of 16 or
while the alcohol 
4
concentration in his or her blood, breath, or urine was 0.16
or 
5
more based on the definition of blood, breath, or urine units 
6
in Section
11-501.2, is guilty of a Class 2 felony and is not 
7
eligible for a sentence of
probation or conditional discharge 
8
and is subject to a minimum fine of
$2,500.


9
    (d) (1) Every person convicted of committing a violation of 
10
    this Section
shall be guilty of aggravated driving under 
11
    the influence of alcohol,
other drug or drugs, or 
12
    intoxicating compound or compounds, or any combination

13
    thereof if:


14
            (A) the person committed a violation of subsection 
15
        (a) or a similar
provision for the
third or subsequent 
16
        time;


17
            (B) the person committed a violation of subsection 
18
        (a)
while
driving a school bus with persons 18 years of 
19
        age or younger

on board;


20
            (C) the person in committing a violation of 
21
        subsection
(a) was
involved in a motor vehicle accident 
22
        that resulted in great bodily harm or
permanent 
23
        disability or disfigurement to another, when the 
24
        violation was
a proximate cause of the injuries;


25
            (D) the person committed a violation of subsection 
26
        (a)
for a
second time and has been previously convicted 
27
        of violating Section 9-3 of the
Criminal Code of 1961 
28
        or a similar provision of a law of another state 
29
        relating to reckless homicide in which the person was

30
        determined to have been under the influence of alcohol, 
31
        other drug or
drugs, or intoxicating compound or 
32
        compounds as an element of the offense or
the person 
33
        has previously been convicted
under subparagraph (C) 
34
        or subparagraph (F) of this paragraph (1);


35
            (E) the person, in committing a violation of 
36
        subsection (a) while
driving at any speed in a school 
 


 






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1
        speed zone at a time when a speed limit of
20 miles per 
2
        hour was in effect under subsection (a) of Section 
3
        11-605 of
this Code, was involved in a motor vehicle 
4
        accident that resulted in bodily
harm, other than great 
5
        bodily harm or permanent disability or disfigurement,

6
        to another person, when the violation of subsection (a) 
7
        was a
proximate cause
of the bodily harm; or


8
            (F) the person, in committing a violation of 
9
        subsection (a), was
involved in a motor vehicle, 
10
        snowmobile, all-terrain vehicle, or watercraft

11
        accident that resulted in
the death of another person, 
12
        when the violation of subsection
(a) was
a proximate 
13
        cause of the death.


14
        (2) Except as provided in this paragraph (2), a person 
15
    convicted of
aggravated driving under
the
influence of 
16
    alcohol, other drug or
drugs,
or intoxicating compound or 
17
    compounds, or any
combination thereof is guilty of a Class 
18
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
19
    (1) of this subsection (d), the defendant, if sentenced to 
20
    a term
of imprisonment, shall be sentenced
to not less than

21
    one year nor more than 12 years.
Aggravated driving under 
22
    the influence of alcohol, other drug or drugs,
or 
23
    intoxicating compound or compounds, or any combination 
24
    thereof as
defined in subparagraph (F) of paragraph (1) of 
25
    this subsection (d) is
a Class 2 felony, for which the 
26
    defendant, if sentenced to a term of
imprisonment, shall be 
27
    sentenced to: (A) a
term of imprisonment of not less than 3 
28
    years and not more
than 14 years if the violation resulted 
29
    in the death of one person; or
(B) a term of imprisonment 
30
    of not less than 6 years and not
more than 28 years if the 
31
    violation resulted in the deaths of 2 or more
persons.
For 
32
    any prosecution under this subsection
(d), a certified copy 
33
    of the
driving abstract of the defendant shall be admitted 
34
    as proof of any prior
conviction.
Any person sentenced 
35
    under this subsection (d) who receives a term of
probation

36
    or conditional discharge must serve a minimum term of 
 


 






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1
    either 480 hours of
community service or 10 days of 
2
    imprisonment as a condition of the probation or
conditional 
3
    discharge. This mandatory minimum term of imprisonment or

4
    assignment of community service may not be suspended or 
5
    reduced by the court.


6
    (e) After a finding of guilt and prior to any final 
7
sentencing, or an
order for supervision, for an offense based 
8
upon an arrest for a
violation of this Section or a similar 
9
provision of a local ordinance,
individuals shall be required 
10
to undergo a professional evaluation to
determine if an 
11
alcohol, drug, or intoxicating compound abuse problem exists

12
and the
extent of the problem, and undergo the imposition of 
13
treatment as appropriate.
Programs conducting these 
14
evaluations shall be
licensed by the Department of Human 
15
Services.  The cost of any professional
evaluation shall be paid 
16
for by the
individual
required to undergo the professional 
17
evaluation.


18
    (e-1) Any person who is found guilty of or pleads guilty to 
19
violating this
Section, including any person receiving a 
20
disposition of court supervision for
violating this Section, 
21
may be required by the Court to attend a victim
impact panel 
22
offered by, or under contract with, a County State's Attorney's

23
office, a probation and court services department, Mothers 
24
Against Drunk
Driving,
or the Alliance Against Intoxicated 
25
Motorists.
All costs generated by
the victim impact panel shall 
26
be paid from fees collected from the
offender or as may be 
27
determined by the court.


28
    (f) Every person found guilty of violating this Section, 
29
whose
operation of a motor vehicle while in violation of this 
30
Section proximately
caused any incident resulting in an 
31
appropriate emergency response, shall
be liable for the expense 
32
of an emergency response as provided under
Section 5-5-3 of the 
33
Unified Code of Corrections.


34
    (g) The Secretary of State shall revoke the driving 
35
privileges of any
person convicted under this Section or a 
36
similar provision of a local
ordinance.


 


 






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1
    (h) (Blank).



2
    (i) The Secretary of State shall require the use of 
3
ignition interlock
devices on all vehicles owned by an 
4
individual who has been convicted of a
second
or subsequent 
5
offense of this Section or a similar provision of a local

6
ordinance.  The Secretary shall establish by rule and regulation 
7
the procedures
for certification and use of the interlock 
8
system.


9
    (j) In addition to any other penalties and liabilities, a 
10
person who is
found guilty of or pleads guilty to violating 
11
subsection (a), including any
person placed on court 
12
supervision for violating subsection (a), shall be fined
$500, 
13
payable to the
circuit clerk, who shall distribute the money as 
14
follows: 20% to the law enforcement agency
that made the arrest 
15
and 80% shall be forwarded to the State Treasurer for deposit 
16
into the General Revenue Fund.  If the person has been 
17
previously convicted of violating
subsection (a) or a similar 
18
provision of a local
ordinance, the fine shall be
$1,000.  In 
19
the event that more than one agency is responsible
for the 
20
arrest, the amount payable to law enforcement agencies  shall be 
21
shared equally.  Any moneys received
by a law
enforcement agency 
22
under this subsection (j) shall be used to purchase law

23
enforcement equipment that will assist in the prevention of 
24
alcohol and drug related crime and any other act related to

25
alcohol related
criminal violence throughout the State.  This 
26
shall include, but is not limited
to, in-car video cameras, 
27
radar and laser speed detection devices, and alcohol
breath 
28
testers, and vehicles.
Any moneys received by the Department of 
29
State Police under this subsection
(j) shall be deposited into 
30
the State Police DUI Fund and shall be used to
purchase law 
31
enforcement equipment that will assist in the prevention of 
32
alcohol and drug related crime and any other act related to

33
alcohol related criminal violence throughout the State.


34
    (k) The Secretary of State Police DUI Fund is created as a 
35
special
fund in the State treasury. All moneys received by the 
36
Secretary of State
Police under subsection (j) of this Section 
 


 






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1
shall be deposited into the
Secretary of State Police DUI Fund 
2
and, subject to appropriation, shall be
used to purchase law 
3
enforcement equipment to assist in the prevention of alcohol 
4
and drug related crime and any other act related to
alcohol 
5
related criminal violence throughout the State.


6
    (l) Whenever an individual is sentenced for an offense 
7
based upon an
arrest for a violation of subsection (a) or a 
8
similar provision of a local
ordinance, and the professional 
9
evaluation recommends remedial or
rehabilitative treatment or 
10
education, neither the treatment nor the education
shall be the 
11
sole disposition and either or both may be imposed only in

12
conjunction with another disposition. The court shall monitor 
13
compliance with
any remedial education or treatment 
14
recommendations contained in the
professional evaluation. 
15
Programs conducting alcohol or other drug evaluation
or 
16
remedial education must be licensed by the Department of Human 
17
Services. If
the individual is not a resident of Illinois, 
18
however, the court may accept an
alcohol or other drug 
19
evaluation or remedial education program in the
individual's 
20
state of residence.  Programs providing treatment must be 
21
licensed
under existing applicable alcoholism and drug 
22
treatment licensure standards.

23
    (m) In addition to any other fine or penalty required by 
24
law, an individual
convicted of a violation of subsection (a), 
25
Section 5-7 of the Snowmobile
Registration and Safety Act, 
26
Section 5-16 of the Boat Registration and Safety
Act, or a 
27
similar provision, whose operation of a motor vehicle, 
28
snowmobile, or
watercraft while in
violation of subsection (a), 
29
Section 5-7 of the Snowmobile Registration and
Safety Act, 
30
Section 5-16 of the Boat Registration and Safety Act, or a 
31
similar
provision proximately caused an incident resulting in 
32
an appropriate emergency
response, shall be required to make 
33
restitution to a public agency for the
costs of that emergency 
34
response. The restitution may not exceed $1,000 per
public 
35
agency for each emergency response. As used in this subsection 
36
(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; 94-110, eff. 1-1-06.)

 
7
    (Text of Section from P.A. 94-113)
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 
19
    renders the person incapable of
driving safely;


20
        (4) under the influence of any other drug or 
21
    combination of drugs to a
degree that renders the person 
22
    incapable of safely driving;


23
        (5) under the combined influence of alcohol, other drug 
24
    or drugs, or
intoxicating compound or compounds to a degree 
25
    that renders the person
incapable of safely driving; or


26
        (6) there is any amount of a drug, substance, or 
27
    compound in the
person's breath, blood, or urine resulting 
28
    from the unlawful use or consumption
of cannabis listed in 
29
    the Cannabis Control Act, a controlled substance listed
in 
30
    the Illinois Controlled Substances Act, or an intoxicating 
31
    compound listed
in the Use of Intoxicating Compounds Act.


32
    (b) The fact that any person charged with violating this 
33
Section is or
has been legally entitled to use alcohol, other 
34
drug or drugs, or
intoxicating compound or compounds, or any

35
combination thereof,  shall not constitute a defense against any 
 


 






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1
charge of
violating this Section.


2
    (b-1) With regard to penalties imposed under this Section:

3
        (1) Any reference to a prior violation of subsection 
4
    (a) or a similar
provision includes any violation of a 
5
    provision of a local ordinance or a
provision of a law of 
6
    another state that is similar to a violation of
subsection 
7
    (a) of this Section.

8
        (2) Any penalty imposed for driving with a license that 
9
    has been revoked
for a previous violation of subsection (a) 
10
    of this Section shall be in
addition to the penalty imposed 
11
    for any subsequent violation of subsection (a).

12
    (b-2) Except as otherwise provided in this Section, any 
13
person convicted of
violating subsection (a) of this Section is 
14
guilty of a Class A misdemeanor.

15
    (b-3) In addition to any other criminal or administrative 
16
sanction for any
second conviction of violating subsection (a) 
17
or a similar provision committed
within 5 years of a previous 
18
violation of subsection (a) or a similar
provision, the 
19
defendant shall be sentenced to a mandatory minimum of 5 days 
20
of
imprisonment or assigned a mandatory minimum of 240 hours of 
21
community service
as may be determined by the court.

22
    (b-4) In the case of a third or subsequent violation 
23
committed within 5
years of a previous violation of subsection 
24
(a) or a similar provision, in
addition to any other criminal 
25
or administrative sanction, a mandatory minimum
term of either 
26
10 days of imprisonment or 480 hours of community service shall

27
be imposed.

28
    (b-5) The imprisonment or assignment of community service 
29
under subsections
(b-3) and (b-4) shall not be subject to 
30
suspension, nor shall the person be
eligible for a reduced 
31
sentence.


32
    (c) (Blank).



33
    (c-1) (1) A person who violates subsection (a)

during
a 
34
    period in which his
or her driving privileges are revoked 
35
    or suspended, where the revocation or
suspension was for a 
36
    violation of subsection (a), Section
11-501.1, paragraph 
 


 






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1
    (b)
of Section 11-401, or for reckless homicide as defined 
2
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

3
    Class 4 felony.


4
        (2) A person who violates subsection (a) a third
time, 
5
    if the third violation occurs during a period in
which his 
6
    or her driving privileges are revoked or suspended where 
7
    the
revocation
or suspension was for a violation of 
8
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
9
    11-401, or for reckless homicide as defined in Section 9-3

10
    of the Criminal Code of 1961, is guilty of
a Class 3 
11
    felony.
12
        (2.1) A person who violates subsection (a) a third 
13
    time, if the third
violation occurs during a period in 
14
    which his or her driving privileges are
revoked or 
15
    suspended where the revocation or suspension was for a 
16
    violation of
subsection (a), Section 11-501.1, subsection 
17
    (b) of Section 11-401, or for
reckless homicide as defined 
18
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
19
    Class 3 felony; and if the
person receives a term of

20
    probation or conditional discharge, he or she shall be 
21
    required to serve a
mandatory
minimum of 10 days of 
22
    imprisonment or shall be assigned a mandatory minimum of

23
    480 hours of community service, as may be determined by the 
24
    court, as a
condition of the probation or conditional 
25
    discharge. This mandatory minimum
term of imprisonment or 
26
    assignment of community service shall not be suspended
or 
27
    reduced by the court.

28
        (2.2) A person who violates subsection (a), if the

29
    violation occurs during a period in which his or her 
30
    driving privileges are
revoked or suspended where the 
31
    revocation or suspension was for a violation of
subsection 
32
    (a) or Section 11-501.1, shall also be sentenced to an 
33
    additional
mandatory minimum term of 30 consecutive days of 
34
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
35
    720 hours of community service, as may be
determined by the 
36
    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
a Class 2 felony and is not eligible for 
11
    a sentence of probation or
conditional discharge.


12
    (c-2) (Blank).


13
    (c-3) (Blank).



14
    (c-4) (Blank).

15
    (c-5) A person who violates subsection (a), if the person 
16
was transporting
a person under the age of 16 at the time of 
17
the violation, is subject to an
additional mandatory minimum 
18
fine of $1,000, an additional mandatory minimum
140 hours of 
19
community service, which shall include 40 hours of community

20
service in a program benefiting children, and an additional 2 
21
days of
imprisonment. The imprisonment or assignment of 
22
community service under this
subsection (c-5) is not subject to 
23
suspension, nor is the person eligible for
a reduced sentence.

24
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
25
person who
violates
subsection (a) a second time, if at the 
26
time of
the second violation the person was transporting a 
27
person under the age of 16,
is subject to an additional 10 days 
28
of imprisonment, an additional mandatory
minimum fine of 
29
$1,000, and an additional mandatory minimum 140 hours of

30
community service, which shall include 40 hours of community 
31
service in a
program benefiting children.
The imprisonment or 
32
assignment of community service under this subsection (c-6)
is 
33
not subject to suspension, nor is the person eligible for a 
34
reduced
sentence.

35
    (c-7) Except as provided in subsection (c-8), any person 
36
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 
27
imprisonment or assignment of community service under this 
28
subsection (c-9)
is not subject to suspension, nor is the 
29
person eligible for a reduced
sentence.

30
    (c-10) Any person convicted of violating subsection (c-9) 
31
or a similar
provision a third time within 20 years of a 
32
previous violation of subsection
(a) or a
similar provision is 
33
guilty of a Class 4 felony and shall receive, in addition
to 
34
any other penalty imposed, an additional mandatory 40 hours of 
35
community
service in a program benefiting children, an 
36
additional mandatory fine of

$3,000, and a mandatory minimum 
 


 






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1
120 days of imprisonment. The imprisonment or
assignment of 
2
community service under this subsection (c-10) is not subject 
3
to
suspension, nor is the person eligible for a reduced 
4
sentence.

5
    (c-11) Any person convicted a fourth or subsequent time for 
6
violating
subsection (a) or a similar provision, if at the time 
7
of the fourth or
subsequent violation the person was 
8
transporting a person under the age of 16,
and if the person's 
9
3 prior violations of subsection (a) or a similar provision

10
occurred while transporting a person under the age of 16 or 
11
while the alcohol
concentration in his or her blood, breath, or 
12
urine was 0.16 or more based
on the definition of blood, 
13
breath, or urine units in Section 11-501.2, is
guilty of a 
14
Class 2 felony, is not eligible for probation or conditional

15
discharge, and is subject to a minimum fine of $3,000.

16
    (c-12) Any person convicted of a first violation of 
17
subsection (a) or a
similar provision, if the alcohol 
18
concentration in his or her blood, breath, or
urine was 0.16 or 
19
more based on the definition of blood, breath, or urine
units 
20
in Section 11-501.2, shall be subject, in addition to any other 
21
penalty
that may be imposed, to a mandatory minimum of 100 
22
hours of community service
and a mandatory minimum fine of 
23
$500.

24
    (c-13) Any person convicted of a second violation of 
25
subsection (a) or a similar provision committed within 10 years 
26
of a previous violation of subsection (a) or a similar 
27
provision committed within 10 years of a previous violation of 
28
subsection (a) or a similar provision, if at the time of the 
29
second violation of subsection (a) the
alcohol concentration in 
30
his or her blood, breath, or urine was 0.16 or more
based on 
31
the definition of blood, breath, or urine units in Section 
32
11-501.2,
shall be
subject, in addition to any other penalty 
33
that may be imposed, to a mandatory
minimum of 2 days of 
34
imprisonment and a mandatory minimum fine of $1,250.

35
    (c-14) Any person convicted of a third violation of 
36
subsection (a) or a
similar provision within 20 years of a 
 


 






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1
previous violation of subsection (a) or
a
similar provision, if 
2
at the time of the third violation of subsection (a) or a

3
similar provision the alcohol concentration in his or her 
4
blood, breath, or
urine was 0.16 or more based on the 
5
definition of blood, breath, or urine units
in Section 
6
11-501.2, is guilty of a Class 4 felony and shall be subject, 
7
in
addition to any other penalty that may be imposed, to a 
8
mandatory minimum of
90 days of imprisonment and a mandatory 
9
minimum fine of $2,500.

10
    (c-15) Any person convicted of a fourth or subsequent 
11
violation of
subsection
(a) or a similar provision, if at the 
12
time of the fourth or subsequent
violation the alcohol 
13
concentration in his or her blood, breath, or urine was
0.16 or 
14
more based on the definition of blood, breath, or urine units 
15
in
Section 11-501.2, and if the person's 3 prior violations of 
16
subsection (a) or a
similar provision occurred while 
17
transporting a person under the age of 16 or
while the alcohol 
18
concentration in his or her blood, breath, or urine was 0.16
or 
19
more based on the definition of blood, breath, or urine units 
20
in Section
11-501.2, is guilty of a Class 2 felony and is not 
21
eligible for a sentence of
probation or conditional discharge 
22
and is subject to a minimum fine of
$2,500.


23
    (d) (1) Every person convicted of committing a violation of 
24
    this Section
shall be guilty of aggravated driving under 
25
    the influence of alcohol,
other drug or drugs, or 
26
    intoxicating compound or compounds, or any combination

27
    thereof if:


28
            (A) the person committed a violation of subsection 
29
        (a) or a similar
provision for the
third or subsequent 
30
        time;


31
            (B) the person committed a violation of subsection 
32
        (a)
while
driving a school bus with persons 18 years of 
33
        age or younger

on board;


34
            (C) the person in committing a violation of 
35
        subsection
(a) was
involved in a motor vehicle accident 
36
        that resulted in great bodily harm or
permanent 
 


 






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1
        disability or disfigurement to another, when the 
2
        violation was
a proximate cause of the injuries;


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

8
        determined to have been under the influence of alcohol, 
9
        other drug or
drugs, or intoxicating compound or 
10
        compounds as an element of the offense or
the person 
11
        has previously been convicted
under subparagraph (C) 
12
        or subparagraph (F) of this paragraph (1);


13
            (E) the person, in committing a violation of 
14
        subsection (a) while
driving at any speed in a school 
15
        speed zone at a time when a speed limit of
20 miles per 
16
        hour was in effect under subsection (a) of Section 
17
        11-605 of
this Code, was involved in a motor vehicle 
18
        accident that resulted in bodily
harm, other than great 
19
        bodily harm or permanent disability or disfigurement,

20
        to another person, when the violation of subsection (a) 
21
        was a
proximate cause
of the bodily harm; or


22
            (F) the person, in committing a violation of 
23
        subsection (a), was
involved in a motor vehicle, 
24
        snowmobile, all-terrain vehicle, or watercraft

25
        accident that resulted in
the death of another person, 
26
        when the violation of subsection
(a) was
a proximate 
27
        cause of the death.


28
        (2) Except as provided in this paragraph (2), a person 
29
    convicted of
aggravated driving under
the
influence of 
30
    alcohol, other drug or
drugs,
or intoxicating compound or 
31
    compounds, or any
combination thereof is guilty of a Class 
32
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
33
    (1) of this subsection (d), the defendant, if sentenced to 
34
    a term
of imprisonment, shall be sentenced
to not less than

35
    one year nor more than 12 years.
Aggravated driving under 
36
    the influence of alcohol, other drug or drugs,
or 
 


 






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1
    intoxicating compound or compounds, or any combination 
2
    thereof as
defined in subparagraph (F) of paragraph (1) of 
3
    this subsection (d) is
a Class 2 felony, for which the 
4
    defendant, unless the court determines that extraordinary 
5
    circumstances exist and require probation, shall be 
6
    sentenced to: (A) a
term of imprisonment of not less than 3 
7
    years and not more
than 14 years if the violation resulted 
8
    in the death of one person; or
(B) a term of imprisonment 
9
    of not less than 6 years and not
more than 28 years if the 
10
    violation resulted in the deaths of 2 or more
persons.
For 
11
    any prosecution under this subsection
(d), a certified copy 
12
    of the
driving abstract of the defendant shall be admitted 
13
    as proof of any prior
conviction.
Any person sentenced 
14
    under this subsection (d) who receives a term of
probation

15
    or conditional discharge must serve a minimum term of 
16
    either 480 hours of
community service or 10 days of 
17
    imprisonment as a condition of the probation or
conditional 
18
    discharge. This mandatory minimum term of imprisonment or

19
    assignment of community service may not be suspended or 
20
    reduced by the court.


21
    (e) After a finding of guilt and prior to any final 
22
sentencing, or an
order for supervision, for an offense based 
23
upon an arrest for a
violation of this Section or a similar 
24
provision of a local ordinance,
individuals shall be required 
25
to undergo a professional evaluation to
determine if an 
26
alcohol, drug, or intoxicating compound abuse problem exists

27
and the
extent of the problem, and undergo the imposition of 
28
treatment as appropriate.
Programs conducting these 
29
evaluations shall be
licensed by the Department of Human 
30
Services.  The cost of any professional
evaluation shall be paid 
31
for by the
individual
required to undergo the professional 
32
evaluation.


33
    (e-1) Any person who is found guilty of or pleads guilty to 
34
violating this
Section, including any person receiving a 
35
disposition of court supervision for
violating this Section, 
36
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 
27
supervision for violating subsection (a), shall be fined
$500, 
28
payable to the
circuit clerk, who shall distribute the money as 
29
follows: 20% to the law enforcement agency
that made the arrest 
30
and 80% shall be forwarded to the State Treasurer for deposit 
31
into the General Revenue Fund.  If the person has been 
32
previously convicted of violating
subsection (a) or a similar 
33
provision of a local
ordinance, the fine shall be
$1,000.  In 
34
the event that more than one agency is responsible
for the 
35
arrest, the amount payable to law enforcement agencies  shall be 
36
shared equally.  Any moneys received
by a law
enforcement agency 
 


 






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1
under this subsection (j) shall be used to purchase law

2
enforcement equipment that will assist in the prevention of 
3
alcohol and drug related crime and any other act related to

4
alcohol related
criminal violence throughout the State.  This 
5
shall include, but is not limited
to, in-car video cameras, 
6
radar and laser speed detection devices, and alcohol
breath 
7
testers, and vehicles.
Any moneys received by the Department of 
8
State Police under this subsection
(j) shall be deposited into 
9
the State Police DUI Fund and shall be used to
purchase law 
10
enforcement equipment that will assist in the prevention of 
11
alcohol and drug related crime and any other act related to

12
alcohol related criminal violence throughout the State.


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 to purchase law 
18
enforcement equipment to assist in the prevention of alcohol 
19
and drug related crime and any other act related to
alcohol 
20
related criminal violence throughout the State.


21
    (l) Whenever an individual is sentenced for an offense 
22
based upon an
arrest for a violation of subsection (a) or a 
23
similar provision of a local
ordinance, and the professional 
24
evaluation recommends remedial or
rehabilitative treatment or 
25
education, neither the treatment nor the education
shall be the 
26
sole disposition and either or both may be imposed only in

27
conjunction with another disposition. The court shall monitor 
28
compliance with
any remedial education or treatment 
29
recommendations contained in the
professional evaluation. 
30
Programs conducting alcohol or other drug evaluation
or 
31
remedial education must be licensed by the Department of Human 
32
Services. If
the individual is not a resident of Illinois, 
33
however, the court may accept an
alcohol or other drug 
34
evaluation or remedial education program in the
individual's 
35
state of residence.  Programs providing treatment must be 
36
licensed
under existing applicable alcoholism and drug 
 


 






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1
treatment licensure standards.

2
    (m) In addition to any other fine or penalty required by 
3
law, an individual
convicted of a violation of subsection (a), 
4
Section 5-7 of the Snowmobile
Registration and Safety Act, 
5
Section 5-16 of the Boat Registration and Safety
Act, or a 
6
similar provision, whose operation of a motor vehicle, 
7
snowmobile, or
watercraft while in
violation of subsection (a), 
8
Section 5-7 of the Snowmobile Registration and
Safety Act, 
9
Section 5-16 of the Boat Registration and Safety Act, or a 
10
similar
provision proximately caused an incident resulting in 
11
an appropriate emergency
response, shall be required to make 
12
restitution to a public agency for the
costs of that emergency 
13
response. The restitution may not exceed $1,000 per
public 
14
agency for each emergency response. As used in this subsection 
15
(m),
"emergency response" means any incident requiring a 
16
response by a police
officer, a firefighter carried on the 
17
rolls of a regularly constituted fire
department, or an 
18
ambulance.


19
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
20
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
21
93-840, eff. 7-30-04; 94-113, eff. 1-1-06.)

 
22
    (Text of Section from P.A. 94-114)
23
    Sec. 11-501. Driving while under the influence of alcohol, 
24
other drug or
drugs, intoxicating compound or compounds or any 
25
combination thereof.

26
    (a) A person shall not drive or be in actual
physical 
27
control of any vehicle within this State while:


28
        (1) the alcohol concentration in the person's blood or 
29
    breath is 0.08
or more based on the definition of blood and 
30
    breath units in Section 11-501.2;


31
        (2) under the influence of alcohol;


32
        (3) under the influence of any intoxicating compound or 
33
    combination of
intoxicating compounds to a degree that 
34
    renders the person incapable of
driving safely;


35
        (4) under the influence of any other drug or 
 


 






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1
    combination of drugs to a
degree that renders the person 
2
    incapable of safely driving;


3
        (5) under the combined influence of alcohol, other drug 
4
    or drugs, or
intoxicating compound or compounds to a degree 
5
    that renders the person
incapable of safely driving; or


6
        (6) there is any amount of a drug, substance, or 
7
    compound in the
person's breath, blood, or urine resulting 
8
    from the unlawful use or consumption
of cannabis listed in 
9
    the Cannabis Control Act, a controlled substance listed
in 
10
    the Illinois Controlled Substances Act, or an intoxicating 
11
    compound listed
in the Use of Intoxicating Compounds Act.


12
    (b) The fact that any person charged with violating this 
13
Section is or
has been legally entitled to use alcohol, other 
14
drug or drugs, or
intoxicating compound or compounds, or any

15
combination thereof,  shall not constitute a defense against any 
16
charge of
violating this Section.


17
    (b-1) With regard to penalties imposed under this Section:

18
        (1) Any reference to a prior violation of subsection 
19
    (a) or a similar
provision includes any violation of a 
20
    provision of a local ordinance or a
provision of a law of 
21
    another state that is similar to a violation of
subsection 
22
    (a) of this Section.

23
        (2) Any penalty imposed for driving with a license that 
24
    has been revoked
for a previous violation of subsection (a) 
25
    of this Section shall be in
addition to the penalty imposed 
26
    for any subsequent violation of subsection (a).

27
    (b-2) Except as otherwise provided in this Section, any 
28
person convicted of
violating subsection (a) of this Section is 
29
guilty of a Class A misdemeanor.

30
    (b-3) In addition to any other criminal or administrative 
31
sanction for any
second conviction of violating subsection (a) 
32
or a similar provision committed
within 5 years of a previous 
33
violation of subsection (a) or a similar
provision, the 
34
defendant shall be sentenced to a mandatory minimum of 5 days 
35
of
imprisonment or assigned a mandatory minimum of 240 hours of 
36
community service
as may be determined by the court.

 


 






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1
    (b-4) In the case of a third or subsequent violation 
2
committed within 5
years of a previous violation of subsection 
3
(a) or a similar provision, in
addition to any other criminal 
4
or administrative sanction, a mandatory minimum
term of either 
5
10 days of imprisonment or 480 hours of community service shall

6
be imposed.

7
    (b-5) The imprisonment or assignment of community service 
8
under subsections
(b-3) and (b-4) shall not be subject to 
9
suspension, nor shall the person be
eligible for a reduced 
10
sentence.


11
    (c) (Blank).



12
    (c-1) (1) A person who violates subsection (a)

during
a 
13
    period in which his
or her driving privileges are revoked 
14
    or suspended, where the revocation or
suspension was for a 
15
    violation of subsection (a), Section
11-501.1, paragraph 
16
    (b)
of Section 11-401, or for reckless homicide as defined 
17
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

18
    Class 4 felony.


19
        (2) A person who violates subsection (a) a third
time, 
20
    if the third violation occurs during a period in
which his 
21
    or her driving privileges are revoked or suspended where 
22
    the
revocation
or suspension was for a violation of 
23
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
24
    11-401, or for reckless homicide as defined in Section 9-3

25
    of the Criminal Code of 1961, is guilty of
a Class 3 
26
    felony.
27
        (2.1) A person who violates subsection (a) a third 
28
    time, if the third
violation occurs during a period in 
29
    which his or her driving privileges are
revoked or 
30
    suspended where the revocation or suspension was for a 
31
    violation of
subsection (a), Section 11-501.1, subsection 
32
    (b) of Section 11-401, or for
reckless homicide as defined 
33
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
34
    Class 3 felony; and if the
person receives a term of

35
    probation or conditional discharge, he or she shall be 
36
    required to serve a
mandatory
minimum of 10 days of 
 


 






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1
    imprisonment or shall be assigned a mandatory minimum of

2
    480 hours of community service, as may be determined by the 
3
    court, as a
condition of the probation or conditional 
4
    discharge. This mandatory minimum
term of imprisonment or 
5
    assignment of community service shall not be suspended
or 
6
    reduced by the court.

7
        (2.2) A person who violates subsection (a), if the

8
    violation occurs during a period in which his or her 
9
    driving privileges are
revoked or suspended where the 
10
    revocation or suspension was for a violation of
subsection 
11
    (a) or Section 11-501.1, shall also be sentenced to an 
12
    additional
mandatory minimum term of 30 consecutive days of 
13
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
14
    720 hours of community service, as may be
determined by the 
15
    court.  This mandatory term of imprisonment or assignment of

16
    community service shall  not be suspended or reduced by the 
17
    court.


18
        (3) A person who violates subsection (a) a fourth or

19
    fifth time, if the fourth or fifth

violation occurs
during 
20
    a period in which his
or her driving privileges are revoked 
21
    or suspended where the revocation
or suspension was for a 
22
    violation of subsection (a),
Section 11-501.1, paragraph

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 2 felony and is not eligible for a sentence of 
26
    probation or
conditional discharge.


27
    (c-2) (Blank).


28
    (c-3) (Blank).



29
    (c-4) (Blank).

30
    (c-5) A person who violates subsection (a), if the person 
31
was transporting
a person under the age of 16 at the time of 
32
the violation, is subject to an
additional mandatory minimum 
33
fine of $1,000, an additional mandatory minimum
140 hours of 
34
community service, which shall include 40 hours of community

35
service in a program benefiting children, and an additional 2 
36
days of
imprisonment. The imprisonment or assignment of 
 


 






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1
community service under this
subsection (c-5) is not subject to 
2
suspension, nor is the person eligible for
a reduced sentence.

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

9
community service, which shall include 40 hours of community 
10
service in a
program benefiting children.
The imprisonment or 
11
assignment of community service under this subsection (c-6)
is 
12
not subject to suspension, nor is the person eligible for a 
13
reduced
sentence.

14
    (c-7) Except as provided in subsection (c-8), any person 
15
convicted of
violating subsection (c-6) or a similar
provision 
16
within 10 years of a previous violation of subsection (a) or a

17
similar provision shall receive, in addition to any other 
18
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
19
additional 40 hours of mandatory
community service in a program 
20
benefiting children, and a mandatory minimum
fine of $1,750. 
21
The imprisonment or assignment of community service under this

22
subsection (c-7) is not subject to suspension, nor is the 
23
person
eligible for a reduced sentence.

24
    (c-8) Any person convicted of violating subsection (c-6) or 
25
a similar
provision within 5 years of a previous violation of 
26
subsection (a) or a similar
provision shall receive, in 
27
addition to any other penalty imposed, an
additional 80 hours 
28
of mandatory community service in a program benefiting

29
children, an additional mandatory minimum 12 days of 
30
imprisonment, and a
mandatory minimum fine of $1,750. The 
31
imprisonment or assignment of community
service under this 
32
subsection (c-8) is not subject to suspension, nor
is the

33
person eligible for a reduced sentence.

34
    (c-9) Any person convicted a third time for violating 
35
subsection (a) or a
similar provision, if at the time of the 
36
third violation the person was
transporting a person under the 
 


 






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1
age of 16, is guilty of a Class 4 felony and shall
receive, in 
2
addition to any other
penalty imposed, an additional mandatory 
3
fine of $1,000, an additional
mandatory 140 hours of community 
4
service, which shall include 40 hours in a
program benefiting 
5
children, and a mandatory minimum 30 days of imprisonment.
The 
6
imprisonment or assignment of community service under this 
7
subsection (c-9)
is not subject to suspension, nor is the 
8
person eligible for a reduced
sentence.

9
    (c-10) Any person convicted of violating subsection (c-9) 
10
or a similar
provision a third time within 20 years of a 
11
previous violation of subsection
(a) or a
similar provision is 
12
guilty of a Class 4 felony and shall receive, in addition
to 
13
any other penalty imposed, an additional mandatory 40 hours of 
14
community
service in a program benefiting children, an 
15
additional mandatory fine of

$3,000, and a mandatory minimum 
16
120 days of imprisonment. The imprisonment or
assignment of 
17
community service under this subsection (c-10) is not subject 
18
to
suspension, nor is the person eligible for a reduced 
19
sentence.

20
    (c-11) Any person convicted a fourth or fifth

time for 
21
violating
subsection (a) or a similar provision, if at the time 
22
of the fourth or
fifth violation the person was transporting a 
23
person under the age of 16,
and if the person's 3 prior 
24
violations of subsection (a) or a similar provision
occurred 
25
while transporting a person under the age of 16 or while the 
26
alcohol
concentration in his or her blood, breath, or urine was 
27
0.16 or more based
on the definition of blood, breath, or urine 
28
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
29
not eligible for probation or conditional
discharge, and is 
30
subject to a minimum fine of $3,000.

31
    (c-12) Any person convicted of a first violation of 
32
subsection (a) or a
similar provision, if the alcohol 
33
concentration in his or her blood, breath, or
urine was 0.16 or 
34
more based on the definition of blood, breath, or urine
units 
35
in Section 11-501.2, shall be subject, in addition to any other 
36
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 4 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 or fifth

violation 
26
of
subsection
(a) or a similar provision, if at the time of the 
27
fourth or fifth

violation the alcohol concentration in his or 
28
her blood, breath, or urine was
0.16 or more based on the 
29
definition of blood, breath, or urine units in
Section 
30
11-501.2, and if the person's 3 prior violations of subsection 
31
(a) or a
similar provision occurred while transporting a person 
32
under the age of 16 or
while the alcohol concentration in his 
33
or her blood, breath, or urine was 0.16
or more based on the 
34
definition of blood, breath, or urine units in Section

35
11-501.2, is guilty of a Class 2 felony and is not eligible for 
36
a sentence of
probation or conditional discharge and is subject 
 


 






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1
to a minimum fine of
$2,500.


2
    (c-16) Any person convicted of a sixth or subsequent 
3
violation of subsection (a) is guilty of a Class X felony.

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 
27
        compounds as an element of the offense or
the person 
28
        has previously been convicted
under subparagraph (C) 
29
        or subparagraph (F) of this paragraph (1);


30
            (E) the person, in committing a violation of 
31
        subsection (a) while
driving at any speed in a school 
32
        speed zone at a time when a speed limit of
20 miles per 
33
        hour was in effect under subsection (a) of Section 
34
        11-605 of
this Code, was involved in a motor vehicle 
35
        accident that resulted in bodily
harm, other than great 
36
        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 
27
    any prosecution under this subsection
(d), a certified copy 
28
    of the
driving abstract of the defendant shall be admitted 
29
    as proof of any prior
conviction.
Any person sentenced 
30
    under this subsection (d) who receives a term of
probation

31
    or conditional discharge must serve a minimum term of 
32
    either 480 hours of
community service or 10 days of 
33
    imprisonment as a condition of the probation or
conditional 
34
    discharge. This mandatory minimum term of imprisonment or

35
    assignment of community service may not be suspended or 
36
    reduced by the court.


 


 






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1
    (e) After a finding of guilt and prior to any final 
2
sentencing, or an
order for supervision, for an offense based 
3
upon an arrest for a
violation of this Section or a similar 
4
provision of a local ordinance,
individuals shall be required 
5
to undergo a professional evaluation to
determine if an 
6
alcohol, drug, or intoxicating compound abuse problem exists

7
and the
extent of the problem, and undergo the imposition of 
8
treatment as appropriate.
Programs conducting these 
9
evaluations shall be
licensed by the Department of Human 
10
Services.  The cost of any professional
evaluation shall be paid 
11
for by the
individual
required to undergo the professional 
12
evaluation.


13
    (e-1) Any person who is found guilty of or pleads guilty to 
14
violating this
Section, including any person receiving a 
15
disposition of court supervision for
violating this Section, 
16
may be required by the Court to attend a victim
impact panel 
17
offered by, or under contract with, a County State's Attorney's

18
office, a probation and court services department, Mothers 
19
Against Drunk
Driving,
or the Alliance Against Intoxicated 
20
Motorists.
All costs generated by
the victim impact panel shall 
21
be paid from fees collected from the
offender or as may be 
22
determined by the court.


23
    (f) Every person found guilty of violating this Section, 
24
whose
operation of a motor vehicle while in violation of this 
25
Section proximately
caused any incident resulting in an 
26
appropriate emergency response, shall
be liable for the expense 
27
of an emergency response as provided under
Section 5-5-3 of the 
28
Unified Code of Corrections.


29
    (g) The Secretary of State shall revoke the driving 
30
privileges of any
person convicted under this Section or a 
31
similar provision of a local
ordinance.


32
    (h) (Blank).



33
    (i) The Secretary of State shall require the use of 
34
ignition interlock
devices on all vehicles owned by an 
35
individual who has been convicted of a
second
or subsequent 
36
offense of this Section or a similar provision of a local

 


 






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1
ordinance.  The Secretary shall establish by rule and regulation 
2
the procedures
for certification and use of the interlock 
3
system.


4
    (j) In addition to any other penalties and liabilities, a 
5
person who is
found guilty of or pleads guilty to violating 
6
subsection (a), including any
person placed on court 
7
supervision for violating subsection (a), shall be fined
$500, 
8
payable to the
circuit clerk, who shall distribute the money as 
9
follows: 20% to the law enforcement agency
that made the arrest 
10
and 80% shall be forwarded to the State Treasurer for deposit 
11
into the General Revenue Fund.  If the person has been 
12
previously convicted of violating
subsection (a) or a similar 
13
provision of a local
ordinance, the fine shall be
$1,000.  In 
14
the event that more than one agency is responsible
for the 
15
arrest, the amount payable to law enforcement agencies  shall be 
16
shared equally.  Any moneys received
by a law
enforcement agency 
17
under this subsection (j) shall be used to purchase law

18
enforcement equipment that will assist in the prevention of 
19
alcohol and drug related crime and any other act related to

20
alcohol related
criminal violence throughout the State.  This 
21
shall include, but is not limited
to, in-car video cameras, 
22
radar and laser speed detection devices, and alcohol
breath 
23
testers, and vehicles.
Any moneys received by the Department of 
24
State Police under this subsection
(j) shall be deposited into 
25
the State Police DUI Fund and shall be used to
purchase law 
26
enforcement equipment that will assist in the prevention of 
27
alcohol and drug related crime and any other act related to

28
alcohol related criminal violence throughout the State.


29
    (k) The Secretary of State Police DUI Fund is created as a 
30
special
fund in the State treasury. All moneys received by the 
31
Secretary of State
Police under subsection (j) of this Section 
32
shall be deposited into the
Secretary of State Police DUI Fund 
33
and, subject to appropriation, shall be
used to purchase law 
34
enforcement equipment to assist in the prevention of alcohol 
35
and drug related crime and any other act related to
alcohol 
36
related criminal violence throughout the State.


 


 






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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 
27
an appropriate emergency
response, shall be required to make 
28
restitution to a public agency for the
costs of that emergency 
29
response. The restitution may not exceed $1,000 per
public 
30
agency for each emergency response. As used in this subsection 
31
(m),
"emergency response" means any incident requiring a 
32
response by a police
officer, a firefighter carried on the 
33
rolls of a regularly constituted fire
department, or an 
34
ambulance.


35
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
36
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
 


 






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1
93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)

 
2
    (Text of Section from P.A. 94-116)
3
    Sec. 11-501. Driving while under the influence of alcohol, 
4
other drug or
drugs, intoxicating compound or compounds or any 
5
combination thereof.

6
    (a) A person shall not drive or be in actual
physical 
7
control of any vehicle within this State while:


8
        (1) the alcohol concentration in the person's blood or 
9
    breath is 0.08
or more based on the definition of blood and 
10
    breath units in Section 11-501.2;


11
        (2) under the influence of alcohol;


12
        (3) under the influence of any intoxicating compound or 
13
    combination of
intoxicating compounds to a degree that 
14
    renders the person incapable of
driving safely;


15
        (4) under the influence of any other drug or 
16
    combination of drugs to a
degree that renders the person 
17
    incapable of safely driving;


18
        (5) under the combined influence of alcohol, other drug 
19
    or drugs, or
intoxicating compound or compounds to a degree 
20
    that renders the person
incapable of safely driving; or


21
        (6) there is any amount of a drug, substance, or 
22
    compound in the
person's breath, blood, or urine resulting 
23
    from the unlawful use or consumption
of cannabis listed in 
24
    the Cannabis Control Act, a controlled substance listed
in 
25
    the Illinois Controlled Substances Act, or an intoxicating 
26
    compound listed
in the Use of Intoxicating Compounds Act.


27
    (b) The fact that any person charged with violating this 
28
Section is or
has been legally entitled to use alcohol, other 
29
drug or drugs, or
intoxicating compound or compounds, or any

30
combination thereof,  shall not constitute a defense against any 
31
charge of
violating this Section.


32
    (b-1) With regard to penalties imposed under this Section:

33
        (1) Any reference to a prior violation of subsection 
34
    (a) or a similar
provision includes any violation of a 
35
    provision of a local ordinance or a
provision of a law of 
 


 






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1
    another state that is similar to a violation of
subsection 
2
    (a) of this Section.

3
        (2) Any penalty imposed for driving with a license that 
4
    has been revoked
for a previous violation of subsection (a) 
5
    of this Section shall be in
addition to the penalty imposed 
6
    for any subsequent violation of subsection (a).

7
    (b-2) Except as otherwise provided in this Section, any 
8
person convicted of
violating subsection (a) of this Section is 
9
guilty of a Class A misdemeanor.

10
    (b-3) In addition to any other criminal or administrative 
11
sanction for any
second conviction of violating subsection (a) 
12
or a similar provision committed
within 5 years of a previous 
13
violation of subsection (a) or a similar
provision, the 
14
defendant shall be sentenced to a mandatory minimum of 5 days 
15
of
imprisonment or assigned a mandatory minimum of 240 hours of 
16
community service
as may be determined by the court.

17
    (b-4) In the case of a third violation committed within 5

18
years of a previous violation of subsection (a) or a similar 
19
provision, the defendant is guilty of a Class 2 felony, and in

20
addition to any other criminal or administrative sanction, a 
21
mandatory minimum
term of either 10 days of imprisonment or 480 
22
hours of community service shall
be imposed.

23
    (b-5) The imprisonment or assignment of community service 
24
under subsections
(b-3) and (b-4) shall not be subject to 
25
suspension, nor shall the person be
eligible for a reduced 
26
sentence.


27
    (c) (Blank).



28
    (c-1) (1) A person who violates subsection (a)

during
a 
29
    period in which his
or her driving privileges are revoked 
30
    or suspended, where the revocation or
suspension was for a 
31
    violation of subsection (a), Section
11-501.1, paragraph 
32
    (b)
of Section 11-401, or for reckless homicide as defined 
33
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

34
    Class 4 felony.


35
        (2) A person who violates subsection (a) a third
time 
36
    is guilty of
a Class 2 felony.
 


 






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1
        (2.1) A person who violates subsection (a) a third 
2
    time, if the third
violation occurs during a period in 
3
    which his or her driving privileges are
revoked or 
4
    suspended where the revocation or suspension was for a 
5
    violation of
subsection (a), Section 11-501.1, subsection 
6
    (b) of Section 11-401, or for
reckless homicide as defined 
7
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
8
    Class 2 felony; and if the
person receives a term of

9
    probation or conditional discharge, he or she shall be 
10
    required to serve a
mandatory
minimum of 10 days of 
11
    imprisonment or shall be assigned a mandatory minimum of

12
    480 hours of community service, as may be determined by the 
13
    court, as a
condition of the probation or conditional 
14
    discharge. This mandatory minimum
term of imprisonment or 
15
    assignment of community service shall not be suspended
or 
16
    reduced by the court.

17
        (2.2) A person who violates subsection (a), if the

18
    violation occurs during a period in which his or her 
19
    driving privileges are
revoked or suspended where the 
20
    revocation or suspension was for a violation of
subsection 
21
    (a) or Section 11-501.1, shall also be sentenced to an 
22
    additional
mandatory minimum term of 30 consecutive days of 
23
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
24
    720 hours of community service, as may be
determined by the 
25
    court.  This mandatory term of imprisonment or assignment of

26
    community service shall  not be suspended or reduced by the 
27
    court.


28
        (3) A person who violates subsection (a) a fourth time 
29
    is guilty of
a Class 2 felony and is not eligible for a 
30
    sentence of probation or
conditional discharge.


31
        (4) A person who violates subsection (a) a fifth or 
32
    subsequent time is guilty of a Class 1 felony and is not 
33
    eligible for a sentence of probation or conditional 
34
    discharge.

35
    (c-2) (Blank).


36
    (c-3) (Blank).



 


 






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1
    (c-4) (Blank).

2
    (c-5) A person who violates subsection (a), if the person 
3
was transporting
a person under the age of 16 at the time of 
4
the violation, is subject to an
additional mandatory minimum 
5
fine of $1,000, an additional mandatory minimum
140 hours of 
6
community service, which shall include 40 hours of community

7
service in a program benefiting children, and an additional 2 
8
days of
imprisonment. The imprisonment or assignment of 
9
community service under this
subsection (c-5) is not subject to 
10
suspension, nor is the person eligible for
a reduced sentence.

11
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
12
person who
violates
subsection (a) a second time, if at the 
13
time of
the second violation the person was transporting a 
14
person under the age of 16,
is subject to an additional 10 days 
15
of imprisonment, an additional mandatory
minimum fine of 
16
$1,000, and an additional mandatory minimum 140 hours of

17
community service, which shall include 40 hours of community 
18
service in a
program benefiting children.
The imprisonment or 
19
assignment of community service under this subsection (c-6)
is 
20
not subject to suspension, nor is the person eligible for a 
21
reduced
sentence.

22
    (c-7) Except as provided in subsection (c-8), any person 
23
convicted of
violating subsection (c-6) or a similar
provision 
24
within 10 years of a previous violation of subsection (a) or a

25
similar provision shall receive, in addition to any other 
26
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
27
additional 40 hours of mandatory
community service in a program 
28
benefiting children, and a mandatory minimum
fine of $1,750. 
29
The imprisonment or assignment of community service under this

30
subsection (c-7) is not subject to suspension, nor is the 
31
person
eligible for a reduced sentence.

32
    (c-8) Any person convicted of violating subsection (c-6) or 
33
a similar
provision within 5 years of a previous violation of 
34
subsection (a) or a similar
provision shall receive, in 
35
addition to any other penalty imposed, an
additional 80 hours 
36
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 2 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 2 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 
27
sentence.

28
    (c-11) Any person convicted a fourth time for violating

29
subsection (a) or a similar provision, if at the time of the 
30
fourth violation the person was transporting a person under the 
31
age of 16,
and if the person's 3 prior violations of subsection 
32
(a) or a similar provision
occurred while transporting a person 
33
under the age of 16 or while the alcohol
concentration in his 
34
or her blood, breath, or urine was 0.16 or more based
on the 
35
definition of blood, breath, or urine units in Section 
36
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
 


 






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1
probation or conditional
discharge, and is subject to a minimum 
2
fine of $3,000.

3
    (c-12) Any person convicted of a first violation of 
4
subsection (a) or a
similar provision, if the alcohol 
5
concentration in his or her blood, breath, or
urine was 0.16 or 
6
more based on the definition of blood, breath, or urine
units 
7
in Section 11-501.2, shall be subject, in addition to any other 
8
penalty
that may be imposed, to a mandatory minimum of 100 
9
hours of community service
and a mandatory minimum fine of 
10
$500.

11
    (c-13) Any person convicted of a second violation of 
12
subsection (a) or a similar provision committed within 10 years 
13
of a previous violation of subsection (a) or a similar 
14
provision committed within 10 years of a previous violation of 
15
subsection (a) or a similar provision, if at the time of the 
16
second violation of subsection (a) the
alcohol concentration in 
17
his or her blood, breath, or urine was 0.16 or more
based on 
18
the definition of blood, breath, or urine units in Section 
19
11-501.2,
shall be
subject, in addition to any other penalty 
20
that may be imposed, to a mandatory
minimum of 2 days of 
21
imprisonment and a mandatory minimum fine of $1,250.

22
    (c-14) Any person convicted of a third violation of 
23
subsection (a) or a
similar provision within 20 years of a 
24
previous violation of subsection (a) or
a
similar provision, if 
25
at the time of the third violation of subsection (a) or a

26
similar provision the alcohol concentration in his or her 
27
blood, breath, or
urine was 0.16 or more based on the 
28
definition of blood, breath, or urine units
in Section 
29
11-501.2, is guilty of a Class 2 felony and shall be subject, 
30
in
addition to any other penalty that may be imposed, to a 
31
mandatory minimum of
90 days of imprisonment and a mandatory 
32
minimum fine of $2,500.

33
    (c-15) Any person convicted of a fourth
violation of

34
subsection
(a) or a similar provision, if at the time of the 
35
fourth
violation the alcohol concentration in his or her blood, 
36
breath, or urine was
0.16 or more based on the definition of 
 


 






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

8
probation or conditional discharge and is subject to a minimum 
9
fine of
$2,500.


10
    (d) (1) Every person convicted of committing a violation of 
11
    this Section
shall be guilty of aggravated driving under 
12
    the influence of alcohol,
other drug or drugs, or 
13
    intoxicating compound or compounds, or any combination

14
    thereof if:


15
            (A) the person committed a violation of subsection 
16
        (a) or a similar
provision for the
third or subsequent 
17
        time;


18
            (B) the person committed a violation of subsection 
19
        (a)
while
driving a school bus with persons 18 years of 
20
        age or younger

on board;


21
            (C) the person in committing a violation of 
22
        subsection
(a) was
involved in a motor vehicle accident 
23
        that resulted in great bodily harm or
permanent 
24
        disability or disfigurement to another, when the 
25
        violation was
a proximate cause of the injuries;


26
            (D) the person committed a violation of subsection 
27
        (a)
for a
second time and has been previously convicted 
28
        of violating Section 9-3 of the
Criminal Code of 1961 
29
        or a similar provision of a law of another state 
30
        relating to reckless homicide in which the person was

31
        determined to have been under the influence of alcohol, 
32
        other drug or
drugs, or intoxicating compound or 
33
        compounds as an element of the offense or
the person 
34
        has previously been convicted
under subparagraph (C) 
35
        or subparagraph (F) of this paragraph (1);


36
            (E) the person, in committing a violation of 
 


 






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1
        subsection (a) while
driving at any speed in a school 
2
        speed zone at a time when a speed limit of
20 miles per 
3
        hour was in effect under subsection (a) of Section 
4
        11-605 of
this Code, was involved in a motor vehicle 
5
        accident that resulted in bodily
harm, other than great 
6
        bodily harm or permanent disability or disfigurement,

7
        to another person, when the violation of subsection (a) 
8
        was a
proximate cause
of the bodily harm; or


9
            (F) the person, in committing a violation of 
10
        subsection (a), was
involved in a motor vehicle, 
11
        snowmobile, all-terrain vehicle, or watercraft

12
        accident that resulted in
the death of another person, 
13
        when the violation of subsection
(a) was
a proximate 
14
        cause of the death.


15
        (2) Except as provided in this paragraph (2) and in 
16
    paragraphs (3) and (4) of subsection (c-1), a person 
17
    convicted of
aggravated driving under
the
influence of 
18
    alcohol, other drug or
drugs,
or intoxicating compound or 
19
    compounds, or any
combination thereof is guilty of a Class 
20
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
21
    (1) of this subsection (d), the defendant, if sentenced to 
22
    a term
of imprisonment, shall be sentenced
to not less than

23
    one year nor more than 12 years.
Except as provided in 
24
    paragraph (4) of subsection (c-1), aggravated driving 
25
    under the influence of alcohol, other drug, or drugs, 
26
    intoxicating compounds or compounds, or any combination 
27
    thereof as defined in subparagraph (A) of paragraph (1) of 
28
    this subsection (d) is a Class 2 felony. Aggravated driving 
29
    under the influence of alcohol, other drug or drugs,
or 
30
    intoxicating compound or compounds, or any combination 
31
    thereof as
defined in subparagraph (F) of paragraph (1) of 
32
    this subsection (d) is
a Class 2 felony, for which the 
33
    defendant, if sentenced to a term of
imprisonment, shall be 
34
    sentenced to: (A) a
term of imprisonment of not less than 3 
35
    years and not more
than 14 years if the violation resulted 
36
    in the death of one person; or
(B) a term of imprisonment 
 


 






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1
    of not less than 6 years and not
more than 28 years if the 
2
    violation resulted in the deaths of 2 or more
persons.
For 
3
    any prosecution under this subsection
(d), a certified copy 
4
    of the
driving abstract of the defendant shall be admitted 
5
    as proof of any prior
conviction.
Any person sentenced 
6
    under this subsection (d) who receives a term of
probation

7
    or conditional discharge must serve a minimum term of 
8
    either 480 hours of
community service or 10 days of 
9
    imprisonment as a condition of the probation or
conditional 
10
    discharge. This mandatory minimum term of imprisonment or

11
    assignment of community service may not be suspended or 
12
    reduced by the court.


13
    (e) After a finding of guilt and prior to any final 
14
sentencing, or an
order for supervision, for an offense based 
15
upon an arrest for a
violation of this Section or a similar 
16
provision of a local ordinance,
individuals shall be required 
17
to undergo a professional evaluation to
determine if an 
18
alcohol, drug, or intoxicating compound abuse problem exists

19
and the
extent of the problem, and undergo the imposition of 
20
treatment as appropriate.
Programs conducting these 
21
evaluations shall be
licensed by the Department of Human 
22
Services.  The cost of any professional
evaluation shall be paid 
23
for by the
individual
required to undergo the professional 
24
evaluation.


25
    (e-1) Any person who is found guilty of or pleads guilty to 
26
violating this
Section, including any person receiving a 
27
disposition of court supervision for
violating this Section, 
28
may be required by the Court to attend a victim
impact panel 
29
offered by, or under contract with, a County State's Attorney's

30
office, a probation and court services department, Mothers 
31
Against Drunk
Driving,
or the Alliance Against Intoxicated 
32
Motorists.
All costs generated by
the victim impact panel shall 
33
be paid from fees collected from the
offender or as may be 
34
determined by the court.


35
    (f) Every person found guilty of violating this Section, 
36
whose
operation of a motor vehicle while in violation of this 
 


 






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


5
    (g) The Secretary of State shall revoke the driving 
6
privileges of any
person convicted under this Section or a 
7
similar provision of a local
ordinance.


8
    (h) (Blank).



9
    (i) The Secretary of State shall require the use of 
10
ignition interlock
devices on all vehicles owned by an 
11
individual who has been convicted of a
second
or subsequent 
12
offense of this Section or a similar provision of a local

13
ordinance.  The Secretary shall establish by rule and regulation 
14
the procedures
for certification and use of the interlock 
15
system.


16
    (j) In addition to any other penalties and liabilities, a 
17
person who is
found guilty of or pleads guilty to violating 
18
subsection (a), including any
person placed on court 
19
supervision for violating subsection (a), shall be fined
$500, 
20
payable to the
circuit clerk, who shall distribute the money as 
21
follows: 20% to the law enforcement agency
that made the arrest 
22
and 80% shall be forwarded to the State Treasurer for deposit 
23
into the General Revenue Fund.  If the person has been 
24
previously convicted of violating
subsection (a) or a similar 
25
provision of a local
ordinance, the fine shall be
$1,000.  In 
26
the event that more than one agency is responsible
for the 
27
arrest, the amount payable to law enforcement agencies  shall be 
28
shared equally.  Any moneys received
by a law
enforcement agency 
29
under this subsection (j) shall be used to purchase law

30
enforcement equipment that will assist in the prevention of 
31
alcohol and drug related crime and any other act related to

32
alcohol related
criminal violence throughout the State.  This 
33
shall include, but is not limited
to, in-car video cameras, 
34
radar and laser speed detection devices, and alcohol
breath 
35
testers, and vehicles.
Any moneys received by the Department of 
36
State Police under this subsection
(j) shall be deposited into 
 


 






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1
the State Police DUI Fund and shall be used to
purchase law 
2
enforcement equipment that will assist in the prevention of 
3
alcohol and drug related crime and any other act related to

4
alcohol related criminal violence throughout the State.


5
    (k) The Secretary of State Police DUI Fund is created as a 
6
special
fund in the State treasury. All moneys received by the 
7
Secretary of State
Police under subsection (j) of this Section 
8
shall be deposited into the
Secretary of State Police DUI Fund 
9
and, subject to appropriation, shall be
used to purchase law 
10
enforcement equipment to assist in the prevention of alcohol 
11
and drug related crime and any other act related to
alcohol 
12
related criminal violence throughout the State.


13
    (l) Whenever an individual is sentenced for an offense 
14
based upon an
arrest for a violation of subsection (a) or a 
15
similar provision of a local
ordinance, and the professional 
16
evaluation recommends remedial or
rehabilitative treatment or 
17
education, neither the treatment nor the education
shall be the 
18
sole disposition and either or both may be imposed only in

19
conjunction with another disposition. The court shall monitor 
20
compliance with
any remedial education or treatment 
21
recommendations contained in the
professional evaluation. 
22
Programs conducting alcohol or other drug evaluation
or 
23
remedial education must be licensed by the Department of Human 
24
Services. If
the individual is not a resident of Illinois, 
25
however, the court may accept an
alcohol or other drug 
26
evaluation or remedial education program in the
individual's 
27
state of residence.  Programs providing treatment must be 
28
licensed
under existing applicable alcoholism and drug 
29
treatment licensure standards.

30
    (m) In addition to any other fine or penalty required by 
31
law, an individual
convicted of a violation of subsection (a), 
32
Section 5-7 of the Snowmobile
Registration and Safety Act, 
33
Section 5-16 of the Boat Registration and Safety
Act, or a 
34
similar provision, whose operation of a motor vehicle, 
35
snowmobile, or
watercraft while in
violation of subsection (a), 
36
Section 5-7 of the Snowmobile Registration and
Safety Act, 
 


 






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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; 94-116, eff. 1-1-06.)

 
14
    (Text of Section from P.A. 94-329)
15
    Sec. 11-501. Driving while under the influence of alcohol, 
16
other drug or
drugs, intoxicating compound or compounds or any 
17
combination thereof.


18
    (a) A person shall not drive or be in actual
physical 
19
control of any vehicle within this State while:


20
        (1) the alcohol concentration in the person's blood or 
21
    breath is 0.08
or more based on the definition of blood and 
22
    breath units in Section 11-501.2;


23
        (2) under the influence of alcohol;


24
        (3) under the influence of any intoxicating compound or 
25
    combination of
intoxicating compounds to a degree that 
26
    renders the person incapable of
driving safely;


27
        (4) under the influence of any other drug or 
28
    combination of drugs to a
degree that renders the person 
29
    incapable of safely driving;


30
        (5) under the combined influence of alcohol, other drug 
31
    or drugs, or
intoxicating compound or compounds to a degree 
32
    that renders the person
incapable of safely driving; or


33
        (6) there is any amount of a drug, substance, or 
34
    compound in the
person's breath, blood, or urine resulting 
35
    from the unlawful use or consumption
of cannabis listed in 
 


 






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    the Cannabis Control Act, a controlled substance listed
in 
2
    the Illinois Controlled Substances Act, or an intoxicating 
3
    compound listed
in the Use of Intoxicating Compounds Act.


4
    (b) The fact that any person charged with violating this 
5
Section is or
has been legally entitled to use alcohol, other 
6
drug or drugs, or
intoxicating compound or compounds, or any

7
combination thereof,  shall not constitute a defense against any 
8
charge of
violating this Section.


9
    (b-1) With regard to penalties imposed under this Section:

10
        (1) Any reference to a prior violation of subsection 
11
    (a) or a similar
provision includes any violation of a 
12
    provision of a local ordinance or a
provision of a law of 
13
    another state that is similar to a violation of
subsection 
14
    (a) of this Section.

15
        (2) Any penalty imposed for driving with a license that 
16
    has been revoked
for a previous violation of subsection (a) 
17
    of this Section shall be in
addition to the penalty imposed 
18
    for any subsequent violation of subsection (a).

19
    (b-2) Except as otherwise provided in this Section, any 
20
person convicted of
violating subsection (a) of this Section is 
21
guilty of a Class A misdemeanor.

22
    (b-3) In addition to any other criminal or administrative 
23
sanction for any
second conviction of violating subsection (a) 
24
or a similar provision committed
within 5 years of a previous 
25
violation of subsection (a) or a similar
provision, the 
26
defendant shall be sentenced to a mandatory minimum of 5 days 
27
of
imprisonment or assigned a mandatory minimum of 240 hours of 
28
community service
as may be determined by the court.

29
    (b-4) In the case of a third or subsequent violation 
30
committed within 5
years of a previous violation of subsection 
31
(a) or a similar provision, in
addition to any other criminal 
32
or administrative sanction, a mandatory minimum
term of either 
33
10 days of imprisonment or 480 hours of community service shall

34
be imposed.

35
    (b-5) The imprisonment or assignment of community service 
36
under subsections
(b-3) and (b-4) shall not be subject to 
 


 






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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 
27
    violation of
subsection (a), Section 11-501.1, subsection 
28
    (b) of Section 11-401, or for
reckless homicide as defined 
29
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
30
    aggravated driving under the influence of alcohol, other 
31
    drug or drugs, intoxicating compound or compounds, or any 
32
    combination thereof and is guilty of a Class 3 felony; and 
33
    if the
person receives a term of
probation or conditional 
34
    discharge, he or she shall be required to serve a
mandatory

35
    minimum of 10 days of imprisonment or shall be assigned a 
36
    mandatory minimum of
480 hours of community service, as may 
 


 






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    be determined by the court, as a
condition of the probation 
2
    or conditional discharge. This mandatory minimum
term of 
3
    imprisonment or assignment of community service shall not 
4
    be suspended
or 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, is guilty of aggravated driving 
10
    under the influence of alcohol, other drug or drugs, 
11
    intoxicating compound or compounds, or any combination 
12
    thereof and shall also be sentenced to an additional

13
    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 aggravated driving under the influence 
27
    of alcohol, other drug or drugs, intoxicating compound or 
28
    compounds, or any combination thereof and is guilty of
a 
29
    Class 2 felony, and is not eligible for a sentence of 
30
    probation or
conditional discharge.


31
    (c-2) (Blank).


32
    (c-3) (Blank).



33
    (c-4) (Blank).

34
    (c-5) A person who violates subsection (a), if the person 
35
was transporting
a person under the age of 16 at the time of 
36
the violation, is subject to an
additional mandatory minimum 
 


 






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1
fine of $1,000, an additional mandatory minimum
140 hours of 
2
community service, which shall include 40 hours of community

3
service in a program benefiting children, and an additional 2 
4
days of
imprisonment. The imprisonment or assignment of 
5
community service under this
subsection (c-5) is not subject to 
6
suspension, nor is the person eligible for
a reduced sentence.

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

13
community service, which shall include 40 hours of community 
14
service in a
program benefiting children.
The imprisonment or 
15
assignment of community service under this subsection (c-6)
is 
16
not subject to suspension, nor is the person eligible for a 
17
reduced
sentence.

18
    (c-7) Except as provided in subsection (c-8), any person 
19
convicted of
violating subsection (c-6) or a similar
provision 
20
within 10 years of a previous violation of subsection (a) or a

21
similar provision shall receive, in addition to any other 
22
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
23
additional 40 hours of mandatory
community service in a program 
24
benefiting children, and a mandatory minimum
fine of $1,750. 
25
The imprisonment or assignment of community service under this

26
subsection (c-7) is not subject to suspension, nor is the 
27
person
eligible for a reduced sentence.

28
    (c-8) Any person convicted of violating subsection (c-6) or 
29
a similar
provision within 5 years of a previous violation of 
30
subsection (a) or a similar
provision shall receive, in 
31
addition to any other penalty imposed, an
additional 80 hours 
32
of mandatory community service in a program benefiting

33
children, an additional mandatory minimum 12 days of 
34
imprisonment, and a
mandatory minimum fine of $1,750. The 
35
imprisonment or assignment of community
service under this 
36
subsection (c-8) is not subject to suspension, nor
is the

 


 






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1
person eligible for a reduced sentence.

2
    (c-9) Any person convicted a third time for violating 
3
subsection (a) or a
similar provision, if at the time of the 
4
third violation the person was
transporting a person under the 
5
age of 16, is guilty of a Class 4 felony and shall
receive, in 
6
addition to any other
penalty imposed, an additional mandatory 
7
fine of $1,000, an additional
mandatory 140 hours of community 
8
service, which shall include 40 hours in a
program benefiting 
9
children, and a mandatory minimum 30 days of imprisonment.
The 
10
imprisonment or assignment of community service under this 
11
subsection (c-9)
is not subject to suspension, nor is the 
12
person eligible for a reduced
sentence.

13
    (c-10) Any person convicted of violating subsection (c-9) 
14
or a similar
provision a third time within 20 years of a 
15
previous violation of subsection
(a) or a
similar provision is 
16
guilty of a Class 4 felony and shall receive, in addition
to 
17
any other penalty imposed, an additional mandatory 40 hours of 
18
community
service in a program benefiting children, an 
19
additional mandatory fine of

$3,000, and a mandatory minimum 
20
120 days of imprisonment. The imprisonment or
assignment of 
21
community service under this subsection (c-10) is not subject 
22
to
suspension, nor is the person eligible for a reduced 
23
sentence.

24
    (c-11) Any person convicted a fourth or subsequent time for 
25
violating
subsection (a) or a similar provision, if at the time 
26
of the fourth or
subsequent violation the person was 
27
transporting a person under the age of 16,
and if the person's 
28
3 prior violations of subsection (a) or a similar provision

29
occurred while transporting a person under the age of 16 or 
30
while the alcohol
concentration in his or her blood, breath, or 
31
urine was 0.16 or more based
on the definition of blood, 
32
breath, or urine units in Section 11-501.2, is
guilty of a 
33
Class 2 felony, is not eligible for probation or conditional

34
discharge, and is subject to a minimum fine of $3,000.

35
    (c-12) Any person convicted of a first violation of 
36
subsection (a) or a
similar provision, if the alcohol 
 


 






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

7
    (c-13) Any person convicted of a second violation of 
8
subsection (a) or a similar provision committed within 10 years 
9
of a previous violation of subsection (a) or a similar 
10
provision committed within 10 years of a previous violation of 
11
subsection (a) or a similar provision, if at the time of the 
12
second violation of subsection (a) the
alcohol concentration in 
13
his or her blood, breath, or urine was 0.16 or more
based on 
14
the definition of blood, breath, or urine units in Section 
15
11-501.2,
shall be
subject, in addition to any other penalty 
16
that may be imposed, to a mandatory
minimum of 2 days of 
17
imprisonment and a mandatory minimum fine of $1,250.

18
    (c-14) Any person convicted of a third violation of 
19
subsection (a) or a
similar provision within 20 years of a 
20
previous violation of subsection (a) or
a
similar provision, if 
21
at the time of the third violation of subsection (a) or a

22
similar provision the alcohol concentration in his or her 
23
blood, breath, or
urine was 0.16 or more based on the 
24
definition of blood, breath, or urine units
in Section 
25
11-501.2, is guilty of a Class 4 felony and shall be subject, 
26
in
addition to any other penalty that may be imposed, to a 
27
mandatory minimum of
90 days of imprisonment and a mandatory 
28
minimum fine of $2,500.

29
    (c-15) Any person convicted of a fourth or subsequent 
30
violation of
subsection
(a) or a similar provision, if at the 
31
time of the fourth or subsequent
violation the alcohol 
32
concentration in his or her blood, breath, or urine was
0.16 or 
33
more based on the definition of blood, breath, or urine units 
34
in
Section 11-501.2, and if the person's 3 prior violations of 
35
subsection (a) or a
similar provision occurred while 
36
transporting a person under the age of 16 or
while the alcohol 
 


 






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1
concentration in his or her blood, breath, or urine was 0.16
or 
2
more based on the definition of blood, breath, or urine units 
3
in Section
11-501.2, is guilty of a Class 2 felony and is not 
4
eligible for a sentence of
probation or conditional discharge 
5
and is subject to a minimum fine of
$2,500.


6
    (d) (1) Every person convicted of committing a violation of 
7
    this Section
shall be guilty of aggravated driving under 
8
    the influence of alcohol,
other drug or drugs, or 
9
    intoxicating compound or compounds, or any combination

10
    thereof if:


11
            (A) the person committed a violation of subsection 
12
        (a) or a similar
provision for the
third or subsequent 
13
        time;


14
            (B) the person committed a violation of subsection 
15
        (a)
while
driving a school bus with persons 18 years of 
16
        age or younger

on board;


17
            (C) the person in committing a violation of 
18
        subsection
(a) was
involved in a motor vehicle accident 
19
        that resulted in great bodily harm or
permanent 
20
        disability or disfigurement to another, when the 
21
        violation was
a proximate cause of the injuries;


22
            (D) the person committed a violation of subsection 
23
        (a)
for a
second time and has been previously convicted 
24
        of violating Section 9-3 of the
Criminal Code of 1961 
25
        or a similar provision of a law of another state 
26
        relating to reckless homicide in which the person was

27
        determined to have been under the influence of alcohol, 
28
        other drug or
drugs, or intoxicating compound or 
29
        compounds as an element of the offense or
the person 
30
        has previously been convicted
under subparagraph (C) 
31
        or subparagraph (F) of this paragraph (1);


32
            (E) the person, in committing a violation of 
33
        subsection (a) while
driving at any speed in a school 
34
        speed zone at a time when a speed limit of
20 miles per 
35
        hour was in effect under subsection (a) of Section 
36
        11-605 of
this Code, was involved in a motor vehicle 
 


 






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1
        accident that resulted in bodily
harm, other than great 
2
        bodily harm or permanent disability or disfigurement,

3
        to another person, when the violation of subsection (a) 
4
        was a
proximate cause
of the bodily harm; or


5
            (F) the person, in committing a violation of 
6
        subsection (a), was
involved in a motor vehicle, 
7
        snowmobile, all-terrain vehicle, or watercraft

8
        accident that resulted in
the death of another person, 
9
        when the violation of subsection
(a) was
a proximate 
10
        cause of the death;


11
            (G) the person committed the violation while he or 
12
        she did not possess a driver's license or permit or a 
13
        restricted driving permit or a judicial driving 
14
        permit; or

15
            (H) the person committed the violation while he or 
16
        she knew or should have known that the vehicle he or 
17
        she was driving was not covered by a liability 
18
        insurance policy.

19
        (2) Except as provided in this paragraph (2) and in 
20
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
21
    person convicted of
aggravated driving under
the
influence 
22
    of alcohol, other drug or
drugs,
or intoxicating compound 
23
    or compounds, or any
combination thereof is guilty of a 
24
    Class 4 felony.  For a violation of
subparagraph (C)
of

25
    paragraph (1) of this subsection (d), the defendant, if 
26
    sentenced to a term
of imprisonment, shall be sentenced
to 
27
    not less than
one year nor more than 12 years.
Aggravated 
28
    driving under the influence of alcohol, other drug or 
29
    drugs,
or intoxicating compound or compounds, or any 
30
    combination thereof as
defined in subparagraph (F) of 
31
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
32
    for which the defendant, if sentenced to a term of

33
    imprisonment, shall be sentenced to: (A) a
term of 
34
    imprisonment of not less than 3 years and not more
than 14 
35
    years if the violation resulted in the death of one person; 
36
    or
(B) a term of imprisonment of not less than 6 years and 
 


 






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1
    not
more than 28 years if the violation resulted in the 
2
    deaths of 2 or more
persons.
For any prosecution under this 
3
    subsection
(d), a certified copy of the
driving abstract of 
4
    the defendant shall be admitted as proof of any prior

5
    conviction.
Any person sentenced under this subsection (d) 
6
    who receives a term of
probation
or conditional discharge 
7
    must serve a minimum term of either 480 hours of
community 
8
    service or 10 days of imprisonment as a condition of the 
9
    probation or
conditional discharge. This mandatory minimum 
10
    term of imprisonment or
assignment of community service may 
11
    not be suspended or reduced by the court.


12
    (e) After a finding of guilt and prior to any final 
13
sentencing, or an
order for supervision, for an offense based 
14
upon an arrest for a
violation of this Section or a similar 
15
provision of a local ordinance,
individuals shall be required 
16
to undergo a professional evaluation to
determine if an 
17
alcohol, drug, or intoxicating compound abuse problem exists

18
and the
extent of the problem, and undergo the imposition of 
19
treatment as appropriate.
Programs conducting these 
20
evaluations shall be
licensed by the Department of Human 
21
Services.  The cost of any professional
evaluation shall be paid 
22
for by the
individual
required to undergo the professional 
23
evaluation.


24
    (e-1) Any person who is found guilty of or pleads guilty to 
25
violating this
Section, including any person receiving a 
26
disposition of court supervision for
violating this Section, 
27
may be required by the Court to attend a victim
impact panel 
28
offered by, or under contract with, a County State's Attorney's

29
office, a probation and court services department, Mothers 
30
Against Drunk
Driving,
or the Alliance Against Intoxicated 
31
Motorists.
All costs generated by
the victim impact panel shall 
32
be paid from fees collected from the
offender or as may be 
33
determined by the court.


34
    (f) Every person found guilty of violating this Section, 
35
whose
operation of a motor vehicle while in violation of this 
36
Section proximately
caused any incident resulting in an 
 


 






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1
appropriate emergency response, shall
be liable for the expense 
2
of an emergency response as provided under
Section 5-5-3 of the 
3
Unified Code of Corrections.


4
    (g) The Secretary of State shall revoke the driving 
5
privileges of any
person convicted under this Section or a 
6
similar provision of a local
ordinance.


7
    (h) (Blank).



8
    (i) The Secretary of State shall require the use of 
9
ignition interlock
devices on all vehicles owned by an 
10
individual who has been convicted of a
second
or subsequent 
11
offense of this Section or a similar provision of a local

12
ordinance.  The Secretary shall establish by rule and regulation 
13
the procedures
for certification and use of the interlock 
14
system.


15
    (j) In addition to any other penalties and liabilities, a 
16
person who is
found guilty of or pleads guilty to violating 
17
subsection (a), including any
person placed on court 
18
supervision for violating subsection (a), shall be fined
$500, 
19
payable to the
circuit clerk, who shall distribute the money as 
20
follows: 20% to the law enforcement agency
that made the arrest 
21
and 80% shall be forwarded to the State Treasurer for deposit 
22
into the General Revenue Fund.  If the person has been 
23
previously convicted of violating
subsection (a) or a similar 
24
provision of a local
ordinance, the fine shall be
$1,000.  In 
25
the event that more than one agency is responsible
for the 
26
arrest, the amount payable to law enforcement agencies  shall be 
27
shared equally.  Any moneys received
by a law
enforcement agency 
28
under this subsection (j) shall be used to purchase law

29
enforcement equipment that will assist in the prevention of 
30
alcohol and drug related crime and any other act related to

31
alcohol related
criminal violence throughout the State.  This 
32
shall include, but is not limited
to, in-car video cameras, 
33
radar and laser speed detection devices, and alcohol
breath 
34
testers, and vehicles.
Any moneys received by the Department of 
35
State Police under this subsection
(j) shall be deposited into 
36
the State Police DUI Fund and shall be used to
purchase law 
 


 






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1
enforcement equipment that will assist in the prevention of 
2
alcohol and drug related crime and any other act related to

3
alcohol related criminal violence throughout the State.


4
    (k) The Secretary of State Police DUI Fund is created as a 
5
special
fund in the State treasury. All moneys received by the 
6
Secretary of State
Police under subsection (j) of this Section 
7
shall be deposited into the
Secretary of State Police DUI Fund 
8
and, subject to appropriation, shall be
used to purchase law 
9
enforcement equipment to assist in the prevention of alcohol 
10
and drug related crime and any other act related to
alcohol 
11
related criminal violence throughout the State.


12
    (l) Whenever an individual is sentenced for an offense 
13
based upon an
arrest for a violation of subsection (a) or a 
14
similar provision of a local
ordinance, and the professional 
15
evaluation recommends remedial or
rehabilitative treatment or 
16
education, neither the treatment nor the education
shall be the 
17
sole disposition and either or both may be imposed only in

18
conjunction with another disposition. The court shall monitor 
19
compliance with
any remedial education or treatment 
20
recommendations contained in the
professional evaluation. 
21
Programs conducting alcohol or other drug evaluation
or 
22
remedial education must be licensed by the Department of Human 
23
Services. If
the individual is not a resident of Illinois, 
24
however, the court may accept an
alcohol or other drug 
25
evaluation or remedial education program in the
individual's 
26
state of residence.  Programs providing treatment must be 
27
licensed
under existing applicable alcoholism and drug 
28
treatment licensure standards.

29
    (m) In addition to any other fine or penalty required by 
30
law, an individual
convicted of a violation of subsection (a), 
31
Section 5-7 of the Snowmobile
Registration and Safety Act, 
32
Section 5-16 of the Boat Registration and Safety
Act, or a 
33
similar provision, whose operation of a motor vehicle, 
34
snowmobile, or
watercraft while in
violation of subsection (a), 
35
Section 5-7 of the Snowmobile Registration and
Safety Act, 
36
Section 5-16 of the Boat Registration and Safety Act, or a 
 


 






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


10
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
11
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
12
93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)

 
13
    (Text of Section from P.A. 94-609)
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 
25
    renders the person incapable of
driving safely;


26
        (4) under the influence of any other drug or 
27
    combination of drugs to a
degree that renders the person 
28
    incapable of safely driving;


29
        (5) under the combined influence of alcohol, other drug 
30
    or drugs, or
intoxicating compound or compounds to a degree 
31
    that renders the person
incapable of safely driving; or


32
        (6) there is any amount of a drug, substance, or 
33
    compound in the
person's breath, blood, or urine resulting 
34
    from the unlawful use or consumption
of cannabis listed in 
35
    the Cannabis Control Act, a controlled substance listed
in 
 


 






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1
    the Illinois Controlled Substances Act, or an intoxicating 
2
    compound listed
in the Use of Intoxicating Compounds Act.


3
    (b) The fact that any person charged with violating this 
4
Section is or
has been legally entitled to use alcohol, other 
5
drug or drugs, or
intoxicating compound or compounds, or any

6
combination thereof,  shall not constitute a defense against any 
7
charge of
violating this Section.


8
    (b-1) With regard to penalties imposed under this Section:

9
        (1) Any reference to a prior violation of subsection 
10
    (a) or a similar
provision includes any violation of a 
11
    provision of a local ordinance or a
provision of a law of 
12
    another state that is similar to a violation of
subsection 
13
    (a) of this Section.

14
        (2) Any penalty imposed for driving with a license that 
15
    has been revoked
for a previous violation of subsection (a) 
16
    of this Section shall be in
addition to the penalty imposed 
17
    for any subsequent violation of subsection (a).

18
    (b-2) Except as otherwise provided in this Section, any 
19
person convicted of
violating subsection (a) of this Section is 
20
guilty of a Class A misdemeanor.

21
    (b-3) In addition to any other criminal or administrative 
22
sanction for any
second conviction of violating subsection (a) 
23
or a similar provision committed
within 5 years of a previous 
24
violation of subsection (a) or a similar
provision, the 
25
defendant shall be sentenced to a mandatory minimum of 5 days 
26
of
imprisonment or assigned a mandatory minimum of 240 hours of 
27
community service
as may be determined by the court.

28
    (b-4) In the case of a third or subsequent violation 
29
committed within 5
years of a previous violation of subsection 
30
(a) or a similar provision, in
addition to any other criminal 
31
or administrative sanction, a mandatory minimum
term of either 
32
10 days of imprisonment or 480 hours of community service shall

33
be imposed.

34
    (b-5) The imprisonment or assignment of community service 
35
under subsections
(b-3) and (b-4) shall not be subject to 
36
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 
27
    required to serve a
mandatory
minimum of 10 days of 
28
    imprisonment or shall be assigned a mandatory minimum of

29
    480 hours of community service, as may be determined by the 
30
    court, as a
condition of the probation or conditional 
31
    discharge. This mandatory minimum
term of imprisonment or 
32
    assignment of community service shall not be suspended
or 
33
    reduced by the court.

34
        (2.2) A person who violates subsection (a), if the

35
    violation occurs during a period in which his or her 
36
    driving privileges are
revoked or suspended where the 
 


 






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1
    revocation or suspension was for a violation of
subsection 
2
    (a) or Section 11-501.1, shall also be sentenced to an 
3
    additional
mandatory minimum term of 30 consecutive days of 
4
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
5
    720 hours of community service, as may be
determined by the 
6
    court.  This mandatory term of imprisonment or assignment of

7
    community service shall  not be suspended or reduced by the 
8
    court.


9
        (3) A person who violates subsection (a) a fourth or

10
    subsequent time, if the fourth or subsequent violation 
11
    occurs
during a period in which his
or her driving 
12
    privileges are revoked or suspended where the revocation
or 
13
    suspension was for a violation of subsection (a),
Section 
14
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
15
    homicide as defined in
Section 9-3
of
the Criminal Code of 
16
    1961, is guilty of
a Class 2 felony and is not eligible for 
17
    a sentence of probation or
conditional discharge.


18
    (c-2) (Blank).


19
    (c-3) (Blank).



20
    (c-4) (Blank).

21
    (c-5) A person who violates subsection (a), if the person 
22
was transporting
a person under the age of 16 at the time of 
23
the violation, is subject to an
additional mandatory minimum 
24
fine of $1,000, an additional mandatory minimum
140 hours of 
25
community service, which shall include 40 hours of community

26
service in a program benefiting children, and an additional 2 
27
days of
imprisonment. The imprisonment or assignment of 
28
community service under this
subsection (c-5) is not subject to 
29
suspension, nor is the person eligible for
a reduced sentence.

30
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
31
person who
violates
subsection (a) a second time, if at the 
32
time of
the second violation the person was transporting a 
33
person under the age of 16,
is subject to an additional 10 days 
34
of imprisonment, an additional mandatory
minimum fine of 
35
$1,000, and an additional mandatory minimum 140 hours of

36
community service, which shall include 40 hours of community 
 


 






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1
service in a
program benefiting children.
The imprisonment or 
2
assignment of community service under this subsection (c-6)
is 
3
not subject to suspension, nor is the person eligible for a 
4
reduced
sentence.

5
    (c-7) Except as provided in subsection (c-8), any person 
6
convicted of
violating subsection (c-6) or a similar
provision 
7
within 10 years of a previous violation of subsection (a) or a

8
similar provision shall receive, in addition to any other 
9
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
10
additional 40 hours of mandatory
community service in a program 
11
benefiting children, and a mandatory minimum
fine of $1,750. 
12
The imprisonment or assignment of community service under this

13
subsection (c-7) is not subject to suspension, nor is the 
14
person
eligible for a reduced sentence.

15
    (c-8) Any person convicted of violating subsection (c-6) or 
16
a similar
provision within 5 years of a previous violation of 
17
subsection (a) or a similar
provision shall receive, in 
18
addition to any other penalty imposed, an
additional 80 hours 
19
of mandatory community service in a program benefiting

20
children, an additional mandatory minimum 12 days of 
21
imprisonment, and a
mandatory minimum fine of $1,750. The 
22
imprisonment or assignment of community
service under this 
23
subsection (c-8) is not subject to suspension, nor
is the

24
person eligible for a reduced sentence.

25
    (c-9) Any person convicted a third time for violating 
26
subsection (a) or a
similar provision, if at the time of the 
27
third violation the person was
transporting a person under the 
28
age of 16, is guilty of a Class 4 felony and shall
receive, in 
29
addition to any other
penalty imposed, an additional mandatory 
30
fine of $1,000, an additional
mandatory 140 hours of community 
31
service, which shall include 40 hours in a
program benefiting 
32
children, and a mandatory minimum 30 days of imprisonment.
The 
33
imprisonment or assignment of community service under this 
34
subsection (c-9)
is not subject to suspension, nor is the 
35
person eligible for a reduced
sentence.

36
    (c-10) Any person convicted of violating subsection (c-9) 
 


 






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1
or a similar
provision a third time within 20 years of a 
2
previous violation of subsection
(a) or a
similar provision is 
3
guilty of a Class 4 felony and shall receive, in addition
to 
4
any other penalty imposed, an additional mandatory 40 hours of 
5
community
service in a program benefiting children, an 
6
additional mandatory fine of

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

11
    (c-11) Any person convicted a fourth or subsequent time for 
12
violating
subsection (a) or a similar provision, if at the time 
13
of the fourth or
subsequent violation the person was 
14
transporting a person under the age of 16,
and if the person's 
15
3 prior violations of subsection (a) or a similar provision

16
occurred while transporting a person under the age of 16 or 
17
while the alcohol
concentration in his or her blood, breath, or 
18
urine was 0.16 or more based
on the definition of blood, 
19
breath, or urine units in Section 11-501.2, is
guilty of a 
20
Class 2 felony, is not eligible for probation or conditional

21
discharge, and is subject to a minimum fine of $3,000.

22
    (c-12) Any person convicted of a first violation of 
23
subsection (a) or a
similar provision, if the alcohol 
24
concentration in his or her blood, breath, or
urine was 0.16 or 
25
more based on the definition of blood, breath, or urine
units 
26
in Section 11-501.2, shall be subject, in addition to any other 
27
penalty
that may be imposed, to a mandatory minimum of 100 
28
hours of community service
and a mandatory minimum fine of 
29
$500.

30
    (c-13) Any person convicted of a second violation of 
31
subsection (a) or a similar provision committed within 10 years 
32
of a previous violation of subsection (a) or a similar 
33
provision committed within 10 years of a previous violation of 
34
subsection (a) or a similar provision, if at the time of the 
35
second violation of subsection (a) the
alcohol concentration in 
36
his or her blood, breath, or urine was 0.16 or more
based on 
 


 






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

5
    (c-14) Any person convicted of a third violation of 
6
subsection (a) or a
similar provision within 20 years of a 
7
previous violation of subsection (a) or
a
similar provision, if 
8
at the time of the third violation of subsection (a) or a

9
similar provision the alcohol concentration in his or her 
10
blood, breath, or
urine was 0.16 or more based on the 
11
definition of blood, breath, or urine units
in Section 
12
11-501.2, is guilty of a Class 4 felony and shall be subject, 
13
in
addition to any other penalty that may be imposed, to a 
14
mandatory minimum of
90 days of imprisonment and a mandatory 
15
minimum fine of $2,500.

16
    (c-15) Any person convicted of a fourth or subsequent 
17
violation of
subsection
(a) or a similar provision, if at the 
18
time of the fourth or subsequent
violation the alcohol 
19
concentration in his or her blood, breath, or urine was
0.16 or 
20
more based on the definition of blood, breath, or urine units 
21
in
Section 11-501.2, and if the person's 3 prior violations of 
22
subsection (a) or a
similar provision occurred while 
23
transporting a person under the age of 16 or
while the alcohol 
24
concentration in his or her blood, breath, or urine was 0.16
or 
25
more based on the definition of blood, breath, or urine units 
26
in Section
11-501.2, is guilty of a Class 2 felony and is not 
27
eligible for a sentence of
probation or conditional discharge 
28
and is subject to a minimum fine of
$2,500.


29
    (d) (1) Every person convicted of committing a violation of 
30
    this Section
shall be guilty of aggravated driving under 
31
    the influence of alcohol,
other drug or drugs, or 
32
    intoxicating compound or compounds, or any combination

33
    thereof if:


34
            (A) the person committed a violation of subsection 
35
        (a) or a similar
provision for the
third or subsequent 
36
        time;


 


 






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1
            (B) the person committed a violation of subsection 
2
        (a)
while
driving a school bus with persons 18 years of 
3
        age or younger

on board;


4
            (C) the person in committing a violation of 
5
        subsection
(a) was
involved in a motor vehicle accident 
6
        that resulted in great bodily harm or
permanent 
7
        disability or disfigurement to another, when the 
8
        violation was
a proximate cause of the injuries;


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

14
        determined to have been under the influence of alcohol, 
15
        other drug or
drugs, or intoxicating compound or 
16
        compounds as an element of the offense or
the person 
17
        has previously been convicted
under subparagraph (C) 
18
        or subparagraph (F) of this paragraph (1);


19
            (E) the person, in committing a violation of 
20
        subsection (a) while
driving at any speed in a school 
21
        speed zone at a time when a speed limit of
20 miles per 
22
        hour was in effect under subsection (a) of Section 
23
        11-605 of
this Code, was involved in a motor vehicle 
24
        accident that resulted in bodily
harm, other than great 
25
        bodily harm or permanent disability or disfigurement,

26
        to another person, when the violation of subsection (a) 
27
        was a
proximate cause
of the bodily harm; or


28
            (F) the person, in committing a violation of 
29
        subsection (a), was
involved in a motor vehicle, 
30
        snowmobile, all-terrain vehicle, or watercraft

31
        accident that resulted in
the death of another person, 
32
        when the violation of subsection
(a) was
a proximate 
33
        cause of the death.


34
        (2) Except as provided in this paragraph (2), a person 
35
    convicted of
aggravated driving under
the
influence of 
36
    alcohol, other drug or
drugs,
or intoxicating compound or 
 


 






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1
    compounds, or any
combination thereof is guilty of a Class 
2
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
3
    (1) of this subsection (d), the defendant, if sentenced to 
4
    a term
of imprisonment, shall be sentenced
to not less than

5
    one year nor more than 12 years.
Aggravated driving under 
6
    the influence of alcohol, other drug or drugs,
or 
7
    intoxicating compound or compounds, or any combination 
8
    thereof as
defined in subparagraph (F) of paragraph (1) of 
9
    this subsection (d) is
a Class 2 felony, for which the 
10
    defendant, unless the court determines that extraordinary 
11
    circumstances exist and require probation, shall be 
12
    sentenced to: (A) a
term of imprisonment of not less than 3 
13
    years and not more
than 14 years if the violation resulted 
14
    in the death of one person; or
(B) a term of imprisonment 
15
    of not less than 6 years and not
more than 28 years if the 
16
    violation resulted in the deaths of 2 or more
persons.
For 
17
    any prosecution under this subsection
(d), a certified copy 
18
    of the
driving abstract of the defendant shall be admitted 
19
    as proof of any prior
conviction.
Any person sentenced 
20
    under this subsection (d) who receives a term of
probation

21
    or conditional discharge must serve a minimum term of 
22
    either 480 hours of
community service or 10 days of 
23
    imprisonment as a condition of the probation or
conditional 
24
    discharge. This mandatory minimum term of imprisonment or

25
    assignment of community service may not be suspended or 
26
    reduced by the court.


27
    (e) After a finding of guilt and prior to any final 
28
sentencing, or an
order for supervision, for an offense based 
29
upon an arrest for a
violation of this Section or a similar 
30
provision of a local ordinance,
individuals shall be required 
31
to undergo a professional evaluation to
determine if an 
32
alcohol, drug, or intoxicating compound abuse problem exists

33
and the
extent of the problem, and undergo the imposition of 
34
treatment as appropriate.
Programs conducting these 
35
evaluations shall be
licensed by the Department of Human 
36
Services.  The cost of any professional
evaluation shall be paid 
 


 






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1
for by the
individual
required to undergo the professional 
2
evaluation.


3
    (e-1) Any person who is found guilty of or pleads guilty to 
4
violating this
Section, including any person receiving a 
5
disposition of court supervision for
violating this Section, 
6
may be required by the Court to attend a victim
impact panel 
7
offered by, or under contract with, a County State's Attorney's

8
office, a probation and court services department, Mothers 
9
Against Drunk
Driving,
or the Alliance Against Intoxicated 
10
Motorists.
All costs generated by
the victim impact panel shall 
11
be paid from fees collected from the
offender or as may be 
12
determined by the court.


13
    (f) Every person found guilty of violating this Section, 
14
whose
operation of a motor vehicle while in violation of this 
15
Section proximately
caused any incident resulting in an 
16
appropriate emergency response, shall
be liable for the expense 
17
of an emergency response as provided under
Section 5-5-3 of the 
18
Unified Code of Corrections.


19
    (g) The Secretary of State shall revoke the driving 
20
privileges of any
person convicted under this Section or a 
21
similar provision of a local
ordinance.


22
    (h) (Blank).



23
    (i) The Secretary of State shall require the use of 
24
ignition interlock
devices on all vehicles owned by an 
25
individual who has been convicted of a
second
or subsequent 
26
offense of this Section or a similar provision of a local

27
ordinance.  The Secretary shall establish by rule and regulation 
28
the procedures
for certification and use of the interlock 
29
system.


30
    (j) In addition to any other penalties and liabilities, a 
31
person who is
found guilty of or pleads guilty to violating 
32
subsection (a), including any
person placed on court 
33
supervision for violating subsection (a), shall be fined
$500, 
34
payable to the
circuit clerk, who shall distribute the money as 
35
follows: 20% to the law enforcement agency
that made the arrest 
36
and 80% shall be forwarded to the State Treasurer for deposit 
 


 






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into the General Revenue Fund.  If the person has been 
2
previously convicted of violating
subsection (a) or a similar 
3
provision of a local
ordinance, the fine shall be
$1,000.  In 
4
the event that more than one agency is responsible
for the 
5
arrest, the amount payable to law enforcement agencies  shall be 
6
shared equally.  Any moneys received
by a law
enforcement agency 
7
under this subsection (j) shall be used to purchase law

8
enforcement equipment that will assist in the prevention of 
9
alcohol and drug related crime and any other act related to

10
alcohol related
criminal violence throughout the State.  This 
11
shall include, but is not limited
to, in-car video cameras, 
12
radar and laser speed detection devices, and alcohol
breath 
13
testers, and vehicles.
Any moneys received by the Department of 
14
State Police under this subsection
(j) shall be deposited into 
15
the State Police DUI Fund and shall be used to
purchase law 
16
enforcement equipment that will assist in the prevention of 
17
alcohol and drug related crime and any other act related to

18
alcohol related criminal violence throughout the State.


19
    (k) The Secretary of State Police DUI Fund is created as a 
20
special
fund in the State treasury. All moneys received by the 
21
Secretary of State
Police under subsection (j) of this Section 
22
shall be deposited into the
Secretary of State Police DUI Fund 
23
and, subject to appropriation, shall be
used to purchase law 
24
enforcement equipment to assist in the prevention of alcohol 
25
and drug related crime and any other act related to
alcohol 
26
related criminal violence throughout the State.


27
    (l) Whenever an individual is sentenced for an offense 
28
based upon an
arrest for a violation of subsection (a) or a 
29
similar provision of a local
ordinance, and the professional 
30
evaluation recommends remedial or
rehabilitative treatment or 
31
education, neither the treatment nor the education
shall be the 
32
sole disposition and either or both may be imposed only in

33
conjunction with another disposition. The court shall monitor 
34
compliance with
any remedial education or treatment 
35
recommendations contained in the
professional evaluation. 
36
Programs conducting alcohol or other drug evaluation
or 
 


 






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remedial education must be licensed by the Department of Human 
2
Services. If
the individual is not a resident of Illinois, 
3
however, the court may accept an
alcohol or other drug 
4
evaluation or remedial education program in the
individual's 
5
state of residence.  Programs providing treatment must be 
6
licensed
under existing applicable alcoholism and drug 
7
treatment licensure standards.

8
    (m) In addition to any other fine or penalty required by 
9
law, an individual
convicted of a violation of subsection (a), 
10
Section 5-7 of the Snowmobile
Registration and Safety Act, 
11
Section 5-16 of the Boat Registration and Safety
Act, or a 
12
similar provision, whose operation of a motor vehicle, 
13
snowmobile, or
watercraft while in
violation of subsection (a), 
14
Section 5-7 of the Snowmobile Registration and
Safety Act, 
15
Section 5-16 of the Boat Registration and Safety Act, or a 
16
similar
provision proximately caused an incident resulting in 
17
an appropriate emergency
response, shall be required to make 
18
restitution to a public agency for the
costs of that emergency 
19
response. The restitution may not exceed $1,000 per
public 
20
agency for each emergency response. As used in this subsection 
21
(m),
"emergency response" means any incident requiring a 
22
response by a police
officer, a firefighter carried on the 
23
rolls of a regularly constituted fire
department, or an 
24
ambulance.


25
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
26
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
27
93-840, eff. 7-30-04; 94-609, eff. 1-1-06.)

 
28
    Section 95. No acceleration or delay. Where this Act makes 
29
changes in a
statute that is represented in this Act by text 
30
that is not yet or no longer in
effect (for example, a Section 
31
represented by multiple versions), the use of
that text does 
32
not accelerate or delay the taking effect of (i) the changes

33
made by this Act or (ii) provisions derived from any other 
34
Public Act.

 

 


 






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    Section 99. Effective date. This Act takes effect upon 
2
becoming law.