HB4204 Engrossed

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    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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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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    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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    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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    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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    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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    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, any items used for 
9
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
10
moneys received by the Department of State Police under this 
11
subsection
(j) shall be deposited into the State Police DUI 
12
Fund and shall be used to
purchase law enforcement equipment 
13
that will assist in the prevention of alcohol and drug related 
14
crime and any other act related to
alcohol related criminal 
15
violence throughout the State.


16
    (k) The Secretary of State Police DUI Fund is created as a 
17
special
fund in the State treasury. All moneys received by the 
18
Secretary of State
Police under subsection (j) of this Section 
19
shall be deposited into the
Secretary of State Police DUI Fund 
20
and, subject to appropriation, shall be
used to purchase law 
21
enforcement equipment to assist in the prevention of alcohol 
22
and drug related crime and any other act related to
alcohol 
23
related criminal violence throughout the State.


24
    (l) Whenever an individual is sentenced for an offense 
25
based upon an
arrest for a violation of subsection (a) or a 
26
similar provision of a local
ordinance, and the professional 
27
evaluation recommends remedial or
rehabilitative treatment or 
28
education, neither the treatment nor the education
shall be the 
29
sole disposition and either or both may be imposed only in

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


 






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1
evaluation or remedial education program in the
individual's 
2
state of residence.  Programs providing treatment must be 
3
licensed
under existing applicable alcoholism and drug 
4
treatment licensure standards.

5
    (m) In addition to any other fine or penalty required by 
6
law, an individual
convicted of a violation of subsection (a), 
7
Section 5-7 of the Snowmobile
Registration and Safety Act, 
8
Section 5-16 of the Boat Registration and Safety
Act, or a 
9
similar provision, whose operation of a motor vehicle, 
10
snowmobile, or
watercraft while in
violation of subsection (a), 
11
Section 5-7 of the Snowmobile Registration and
Safety Act, 
12
Section 5-16 of the Boat Registration and Safety Act, or a 
13
similar
provision proximately caused an incident resulting in 
14
an appropriate emergency
response, shall be required to make 
15
restitution to a public agency for the
costs of that emergency 
16
response. The restitution may not exceed $1,000 per
public 
17
agency for each emergency response. As used in this subsection 
18
(m),
"emergency response" means any incident requiring a 
19
response by a police
officer, a firefighter carried on the 
20
rolls of a regularly constituted fire
department, or an 
21
ambulance.


22
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
23
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
24
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
25
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
26
eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)

 
27
    (Text of Section from P.A. 94-110)
28
    Sec. 11-501. Driving while under the influence of alcohol, 
29
other drug or
drugs, intoxicating compound or compounds or any 
30
combination thereof.

31
    (a) A person shall not drive or be in actual
physical 
32
control of any vehicle within this State while:


33
        (1) the alcohol concentration in the person's blood or 
34
    breath is 0.08
or more based on the definition of blood and 
35
    breath units in Section 11-501.2;


 


 






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1
        (2) under the influence of alcohol;


2
        (3) under the influence of any intoxicating compound or 
3
    combination of
intoxicating compounds to a degree that 
4
    renders the person incapable of
driving safely;


5
        (4) under the influence of any other drug or 
6
    combination of drugs to a
degree that renders the person 
7
    incapable of safely driving;


8
        (5) under the combined influence of alcohol, other drug 
9
    or drugs, or
intoxicating compound or compounds to a degree 
10
    that renders the person
incapable of safely driving; or


11
        (6) there is any amount of a drug, substance, or 
12
    compound in the
person's breath, blood, or urine resulting 
13
    from the unlawful use or consumption
of cannabis listed in 
14
    the Cannabis Control Act, a controlled substance listed
in 
15
    the Illinois Controlled Substances Act, or an intoxicating 
16
    compound listed
in the Use of Intoxicating Compounds Act.


17
    (b) The fact that any person charged with violating this 
18
Section is or
has been legally entitled to use alcohol, other 
19
drug or drugs, or
intoxicating compound or compounds, or any

20
combination thereof,  shall not constitute a defense against any 
21
charge of
violating this Section.


22
    (b-1) With regard to penalties imposed under this Section:

23
        (1) Any reference to a prior violation of subsection 
24
    (a) or a similar
provision includes any violation of a 
25
    provision of a local ordinance or a
provision of a law of 
26
    another state that is similar to a violation of
subsection 
27
    (a) of this Section.

28
        (2) Any penalty imposed for driving with a license that 
29
    has been revoked
for a previous violation of subsection (a) 
30
    of this Section shall be in
addition to the penalty imposed 
31
    for any subsequent violation of subsection (a).

32
    (b-2) Except as otherwise provided in this Section, any 
33
person convicted of
violating subsection (a) of this Section is 
34
guilty of a Class A misdemeanor.

35
    (b-3) In addition to any other criminal or administrative 
36
sanction for any
second conviction of violating subsection (a) 
 


 






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

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

11
be imposed.

12
    (b-5) The imprisonment or assignment of community service 
13
under subsections
(b-3) and (b-4) shall not be subject to 
14
suspension, nor shall the person be
eligible for a reduced 
15
sentence.


16
    (c) (Blank).



17
    (c-1) (1) A person who violates subsection (a)

during
a 
18
    period in which his
or her driving privileges are revoked 
19
    or suspended, where the revocation or
suspension was for a 
20
    violation of subsection (a), Section
11-501.1, paragraph 
21
    (b)
of Section 11-401, or for reckless homicide as defined 
22
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

23
    Class 4 felony.


24
        (2) A person who violates subsection (a) a third
time, 
25
    if the third violation occurs during a period in
which his 
26
    or her driving privileges are revoked or suspended where 
27
    the
revocation
or suspension was for a violation of 
28
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
29
    11-401, or for reckless homicide as defined in Section 9-3

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


 






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1
    minimum
term of imprisonment or assignment of community 
2
    service shall not be suspended
or reduced by the court.

3
        (2.2) A person who violates subsection (a), if the

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

12
    community service shall  not be suspended or reduced by the 
13
    court.


14
        (3) A person who violates subsection (a) a fourth or

15
    subsequent time, if the fourth or subsequent violation 
16
    occurs
during a period in which his
or her driving 
17
    privileges are revoked or suspended where the revocation
or 
18
    suspension was for a violation of subsection (a),
Section 
19
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
20
    homicide as defined in
Section 9-3
of
the Criminal Code of 
21
    1961, is guilty of
a Class 2 felony and is not eligible for 
22
    a sentence of probation or
conditional discharge.


23
    (c-2) (Blank).


24
    (c-3) (Blank).



25
    (c-4) (Blank).

26
    (c-5) Except as provided in subsection (c-5.1), a person 21 
27
years of age or older who violates subsection (a), if the 
28
person was transporting
a person under the age of 16 at the 
29
time of the violation, is subject to 6 months of imprisonment, 
30
an
additional mandatory minimum fine of $1,000, and 25 days of 
31
community service in a program benefiting children. The 
32
imprisonment or assignment of community service under this

33
subsection (c-5) is not subject to suspension, nor is the 
34
person eligible for
a reduced sentence.

35
    (c-5.1) A person 21 years of age or older who is convicted 
36
of violating subsection (a) of this Section
a
first time and 
 


 






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1
who in committing that violation was involved in a motor 
2
vehicle
accident that resulted in bodily harm to the child 
3
under the age of 16 being
transported by the person, if the 
4
violation was the proximate cause of the
injury, is guilty of a 
5
Class 4 felony and is subject to one year of
imprisonment,
a 
6
mandatory fine of $2,500, and 25 days of community service in a 
7
program
benefiting children. The imprisonment or assignment to 
8
community service under
this subsection (c-5.1) shall not be 
9
subject to suspension, nor shall the person be
eligible for 
10
probation in order to reduce the sentence or assignment.

11
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
12
a person 21 years of age or older who
violates
subsection (a) a 
13
second time, if at the time of
the second violation the person 
14
was transporting a person under the age of 16,
is subject to 6 
15
months 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-7.1), any person 
23
21 years of age or older convicted of
violating subsection 
24
(c-6) or a similar
provision within 10 years of a previous 
25
violation of subsection (a) or a
similar provision is guilty of 
26
a Class 4 felony and, in addition to any other penalty imposed, 
27
is subject to one year of

imprisonment, 25 days of mandatory

28
community service in a program benefiting children, and a 
29
mandatory
fine of $2,500. The imprisonment or assignment of 
30
community service under this
subsection (c-7) is not subject to 
31
suspension, nor is the person
eligible for a reduced sentence.

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


 






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1
violation was the proximate cause of the
injury, is guilty of a 
2
Class 4 felony and is subject to 18 months of
imprisonment, a

3
mandatory fine of $5,000, and 25 days of community service in a 
4
program
benefiting
children. The imprisonment or assignment to 
5
community service under this
subsection
(c-7.1) shall not be 
6
subject to suspension, nor shall the person be eligible for

7
probation in order
to reduce the sentence or assignment.

8
    (c-8) (Blank).

9
    (c-9)  Any person 21 years of age or older convicted a third 
10
time for violating subsection (a) or a
similar provision, if at 
11
the time of the third violation the person was
transporting a 
12
person under the age of 16, is guilty of a Class 4 felony and is 
13
subject to 18 months of imprisonment, a mandatory fine of 
14
$2,500, and 25 days  of community service in a
program 
15
benefiting children.
The imprisonment or assignment of 
16
community service under this subsection (c-9)
is not subject to 
17
suspension, nor is the person eligible for a reduced
sentence.

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

21
similar provision is guilty of a Class 3 felony and, in 
22
addition
to any other penalty imposed, is subject to 3 years of 
23
imprisonment, 25 days of community
service in a program 
24
benefiting children, and a mandatory fine of
$25,000. The 
25
imprisonment or
assignment of community service under this 
26
subsection (c-10) is not subject to
suspension, nor is the 
27
person eligible for a reduced sentence.

28
    (c-11) Any person 21 years of age or older convicted a 
29
fourth or subsequent time for violating
subsection (a) or a 
30
similar provision, if at the time of the fourth or
subsequent 
31
violation the person was transporting a person under the age of 
32
16,
and if the person's 3 prior violations of subsection (a) or 
33
a similar provision
occurred while transporting a person under 
34
the age of 16 or while the alcohol
concentration in his or her 
35
blood, breath, or urine was 0.16 or more based
on the 
36
definition of blood, breath, or urine units in Section 
 


 






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1
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
2
probation or conditional
discharge, and is subject to a minimum 
3
fine of $25,000.

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

12
    (c-13) Any person convicted of a second violation of 
13
subsection (a) or a similar provision committed within 10 years 
14
of a previous violation of subsection (a) or a similar 
15
provision, if at the time of the second violation of subsection 
16
(a) or a similar provision the
alcohol concentration in his or 
17
her blood, breath, or urine was 0.16 or more
based on the 
18
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 4 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 or subsequent 
34
violation of
subsection
(a) or a similar provision, if at the 
35
time of the fourth or subsequent
violation the alcohol 
36
concentration in his or her blood, breath, or urine was
0.16 or 
 


 






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1
more based on the definition of blood, breath, or urine units 
2
in
Section 11-501.2, and if the person's 3 prior violations of 
3
subsection (a) or a
similar provision occurred while 
4
transporting a person under the age of 16 or
while 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, is guilty of a Class 2 felony and is not 
8
eligible for a sentence of
probation or conditional discharge 
9
and is subject to a minimum 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), a person 
16
    convicted of
aggravated driving under
the
influence of 
17
    alcohol, other drug or
drugs,
or intoxicating compound or 
18
    compounds, or any
combination thereof is guilty of a Class 
19
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
20
    (1) of this subsection (d), the defendant, if sentenced to 
21
    a term
of imprisonment, shall be sentenced
to not less than

22
    one year nor more than 12 years.
Aggravated driving under 
23
    the influence of alcohol, other drug or drugs,
or 
24
    intoxicating compound or compounds, or any combination 
25
    thereof as
defined in subparagraph (F) of paragraph (1) of 
26
    this subsection (d) is
a Class 2 felony, for which the 
27
    defendant, if sentenced to a term of
imprisonment, shall be 
28
    sentenced to: (A) a
term of imprisonment of not less than 3 
29
    years and not more
than 14 years if the violation resulted 
30
    in the death of one person; or
(B) a term of imprisonment 
31
    of not less than 6 years and not
more than 28 years if the 
32
    violation resulted in the deaths of 2 or more
persons.
For 
33
    any prosecution under this subsection
(d), a certified copy 
34
    of the
driving abstract of the defendant shall be admitted 
35
    as proof of any prior
conviction.
Any person sentenced 
36
    under this subsection (d) who receives a term of
probation

 


 






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1
    or conditional discharge must serve a minimum term of 
2
    either 480 hours of
community service or 10 days of 
3
    imprisonment as a condition of the probation or
conditional 
4
    discharge. This mandatory minimum term of imprisonment or

5
    assignment of community service may not be suspended or 
6
    reduced by the court.


7
    (e) After a finding of guilt and prior to any final 
8
sentencing, or an
order for supervision, for an offense based 
9
upon an arrest for a
violation of this Section or a similar 
10
provision of a local ordinance,
individuals shall be required 
11
to undergo a professional evaluation to
determine if an 
12
alcohol, drug, or intoxicating compound abuse problem exists

13
and the
extent of the problem, and undergo the imposition of 
14
treatment as appropriate.
Programs conducting these 
15
evaluations shall be
licensed by the Department of Human 
16
Services.  The cost of any professional
evaluation shall be paid 
17
for by the
individual
required to undergo the professional 
18
evaluation.


19
    (e-1) Any person who is found guilty of or pleads guilty to 
20
violating this
Section, including any person receiving a 
21
disposition of court supervision for
violating this Section, 
22
may be required by the Court to attend a victim
impact panel 
23
offered by, or under contract with, a County State's Attorney's

24
office, a probation and court services department, Mothers 
25
Against Drunk
Driving,
or the Alliance Against Intoxicated 
26
Motorists.
All costs generated by
the victim impact panel shall 
27
be paid from fees collected from the
offender or as may be 
28
determined by the court.


29
    (f) Every person found guilty of violating this Section, 
30
whose
operation of a motor vehicle while in violation of this 
31
Section proximately
caused any incident resulting in an 
32
appropriate emergency response, shall
be liable for the expense 
33
of an emergency response as provided under
Section 5-5-3 of the 
34
Unified Code of Corrections.


35
    (g) The Secretary of State shall revoke the driving 
36
privileges of any
person convicted under this Section or a 
 


 






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1
similar provision of a local
ordinance.


2
    (h) (Blank).



3
    (i) The Secretary of State shall require the use of 
4
ignition interlock
devices on all vehicles owned by an 
5
individual who has been convicted of a
second
or subsequent 
6
offense of this Section or a similar provision of a local

7
ordinance.  The Secretary shall establish by rule and regulation 
8
the procedures
for certification and use of the interlock 
9
system.


10
    (j) In addition to any other penalties and liabilities, a 
11
person who is
found guilty of or pleads guilty to violating 
12
subsection (a), including any
person placed on court 
13
supervision for violating subsection (a), shall be fined
$500, 
14
payable to the
circuit clerk, who shall distribute the money as 
15
follows: 20% to the law enforcement agency
that made the arrest 
16
and 80% shall be forwarded to the State Treasurer for deposit 
17
into the General Revenue Fund.  If the person has been 
18
previously convicted of violating
subsection (a) or a similar 
19
provision of a local
ordinance, the fine shall be
$1,000.  In 
20
the event that more than one agency is responsible
for the 
21
arrest, the amount payable to law enforcement agencies  shall be 
22
shared equally.  Any moneys received
by a law
enforcement agency 
23
under this subsection (j) shall be used to purchase law

24
enforcement equipment that will assist in the prevention of 
25
alcohol and drug related crime and any other act related to

26
alcohol related
criminal violence throughout the State.  This 
27
shall include, but is not limited
to, in-car video cameras, 
28
radar and laser speed detection devices, any items used for 
29
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
30
moneys received by the Department of State Police under this 
31
subsection
(j) shall be deposited into the State Police DUI 
32
Fund and shall be used to
purchase law enforcement equipment 
33
that will assist in the prevention of alcohol and drug related 
34
crime and any other act related to
alcohol related criminal 
35
violence throughout the State.


36
    (k) The Secretary of State Police DUI Fund is created as a 
 


 






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1
special
fund in the State treasury. All moneys received by the 
2
Secretary of State
Police under subsection (j) of this Section 
3
shall be deposited into the
Secretary of State Police DUI Fund 
4
and, subject to appropriation, shall be
used to purchase law 
5
enforcement equipment to assist in the prevention of alcohol 
6
and drug related crime and any other act related to
alcohol 
7
related criminal violence throughout the State.


8
    (l) Whenever an individual is sentenced for an offense 
9
based upon an
arrest for a violation of subsection (a) or a 
10
similar provision of a local
ordinance, and the professional 
11
evaluation recommends remedial or
rehabilitative treatment or 
12
education, neither the treatment nor the education
shall be the 
13
sole disposition and either or both may be imposed only in

14
conjunction with another disposition. The court shall monitor 
15
compliance with
any remedial education or treatment 
16
recommendations contained in the
professional evaluation. 
17
Programs conducting alcohol or other drug evaluation
or 
18
remedial education must be licensed by the Department of Human 
19
Services. If
the individual is not a resident of Illinois, 
20
however, the court may accept an
alcohol or other drug 
21
evaluation or remedial education program in the
individual's 
22
state of residence.  Programs providing treatment must be 
23
licensed
under existing applicable alcoholism and drug 
24
treatment licensure standards.

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


 






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1
agency for each emergency response. As used in this subsection 
2
(m),
"emergency response" means any incident requiring a 
3
response by a police
officer, a firefighter carried on the 
4
rolls of a regularly constituted fire
department, or an 
5
ambulance.


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

 
9
    (Text of Section from P.A. 94-113)
10
    Sec. 11-501. Driving while under the influence of alcohol, 
11
other drug or
drugs, intoxicating compound or compounds or any 
12
combination thereof.

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


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


18
        (2) under the influence of alcohol;


19
        (3) under the influence of any intoxicating compound or 
20
    combination of
intoxicating compounds to a degree that 
21
    renders the person incapable of
driving safely;


22
        (4) under the influence of any other drug or 
23
    combination of drugs to a
degree that renders the person 
24
    incapable of safely driving;


25
        (5) under the combined influence of alcohol, other drug 
26
    or drugs, or
intoxicating compound or compounds to a degree 
27
    that renders the person
incapable of safely driving; or


28
        (6) there is any amount of a drug, substance, or 
29
    compound in the
person's breath, blood, or urine resulting 
30
    from the unlawful use or consumption
of cannabis listed in 
31
    the Cannabis Control Act, a controlled substance listed
in 
32
    the Illinois Controlled Substances Act, or an intoxicating 
33
    compound listed
in the Use of Intoxicating Compounds Act.


34
    (b) The fact that any person charged with violating this 
35
Section is or
has been legally entitled to use alcohol, other 
 


 






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1
drug or drugs, or
intoxicating compound or compounds, or any

2
combination thereof,  shall not constitute a defense against any 
3
charge of
violating this Section.


4
    (b-1) With regard to penalties imposed under this Section:

5
        (1) Any reference to a prior violation of subsection 
6
    (a) or a similar
provision includes any violation of a 
7
    provision of a local ordinance or a
provision of a law of 
8
    another state that is similar to a violation of
subsection 
9
    (a) of this Section.

10
        (2) Any penalty imposed for driving with a license that 
11
    has been revoked
for a previous violation of subsection (a) 
12
    of this Section shall be in
addition to the penalty imposed 
13
    for any subsequent violation of subsection (a).

14
    (b-2) Except as otherwise provided in this Section, any 
15
person convicted of
violating subsection (a) of this Section is 
16
guilty of a Class A misdemeanor.

17
    (b-3) In addition to any other criminal or administrative 
18
sanction for any
second conviction of violating subsection (a) 
19
or a similar provision committed
within 5 years of a previous 
20
violation of subsection (a) or a similar
provision, the 
21
defendant shall be sentenced to a mandatory minimum of 5 days 
22
of
imprisonment or assigned a mandatory minimum of 240 hours of 
23
community service
as may be determined by the court.

24
    (b-4) In the case of a third or subsequent violation 
25
committed within 5
years of a previous violation of subsection 
26
(a) or a similar provision, in
addition to any other criminal 
27
or administrative sanction, a mandatory minimum
term of either 
28
10 days of imprisonment or 480 hours of community service shall

29
be imposed.

30
    (b-5) The imprisonment or assignment of community service 
31
under subsections
(b-3) and (b-4) shall not be subject to 
32
suspension, nor shall the person be
eligible for a reduced 
33
sentence.


34
    (c) (Blank).



35
    (c-1) (1) A person who violates subsection (a)

during
a 
36
    period in which his
or her driving privileges are revoked 
 


 






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

5
    Class 4 felony.


6
        (2) A person who violates subsection (a) a third
time, 
7
    if the third violation occurs during a period in
which his 
8
    or her driving privileges are revoked or suspended where 
9
    the
revocation
or suspension was for a violation of 
10
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
11
    11-401, or for reckless homicide as defined in Section 9-3

12
    of the Criminal Code of 1961, is guilty of
a Class 3 
13
    felony.
14
        (2.1) A person who violates subsection (a) a third 
15
    time, if the third
violation occurs during a period in 
16
    which his or her driving privileges are
revoked or 
17
    suspended where the revocation or suspension was for a 
18
    violation of
subsection (a), Section 11-501.1, subsection 
19
    (b) of Section 11-401, or for
reckless homicide as defined 
20
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
21
    Class 3 felony; and if the
person receives a term of

22
    probation or conditional discharge, he or she shall be 
23
    required to serve a
mandatory
minimum of 10 days of 
24
    imprisonment or shall be assigned a mandatory minimum of

25
    480 hours of community service, as may be determined by the 
26
    court, as a
condition of the probation or conditional 
27
    discharge. This mandatory minimum
term of imprisonment or 
28
    assignment of community service shall not be suspended
or 
29
    reduced by the court.

30
        (2.2) A person who violates subsection (a), if the

31
    violation occurs during a period in which his or her 
32
    driving privileges are
revoked or suspended where the 
33
    revocation or suspension was for a violation of
subsection 
34
    (a) or Section 11-501.1, shall also be sentenced to an 
35
    additional
mandatory minimum term of 30 consecutive days of 
36
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
 


 






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1
    720 hours of community service, as may be
determined by the 
2
    court.  This mandatory term of imprisonment or assignment of

3
    community service shall  not be suspended or reduced by the 
4
    court.


5
        (3) A person who violates subsection (a) a fourth or

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


14
    (c-2) (Blank).


15
    (c-3) (Blank).



16
    (c-4) (Blank).

17
    (c-5) A person who violates subsection (a), if the person 
18
was transporting
a person under the age of 16 at the time of 
19
the violation, is subject to an
additional mandatory minimum 
20
fine of $1,000, an additional mandatory minimum
140 hours of 
21
community service, which shall include 40 hours of community

22
service in a program benefiting children, and an additional 2 
23
days of
imprisonment. The imprisonment or assignment of 
24
community service under this
subsection (c-5) is not subject to 
25
suspension, nor is the person eligible for
a reduced sentence.

26
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
27
person who
violates
subsection (a) a second time, if at the 
28
time of
the second violation the person was transporting a 
29
person under the age of 16,
is subject to an additional 10 days 
30
of imprisonment, an additional mandatory
minimum fine of 
31
$1,000, and an additional mandatory minimum 140 hours of

32
community service, which shall include 40 hours of community 
33
service in a
program benefiting children.
The imprisonment or 
34
assignment of community service under this subsection (c-6)
is 
35
not subject to suspension, nor is the person eligible for a 
36
reduced
sentence.

 


 






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1
    (c-7) Except as provided in subsection (c-8), any person 
2
convicted of
violating subsection (c-6) or a similar
provision 
3
within 10 years of a previous violation of subsection (a) or a

4
similar provision shall receive, in addition to any other 
5
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
6
additional 40 hours of mandatory
community service in a program 
7
benefiting children, and a mandatory minimum
fine of $1,750. 
8
The imprisonment or assignment of community service under this

9
subsection (c-7) is not subject to suspension, nor is the 
10
person
eligible for a reduced sentence.

11
    (c-8) Any person convicted of violating subsection (c-6) or 
12
a similar
provision within 5 years of a previous violation of 
13
subsection (a) or a similar
provision shall receive, in 
14
addition to any other penalty imposed, an
additional 80 hours 
15
of mandatory community service in a program benefiting

16
children, an additional mandatory minimum 12 days of 
17
imprisonment, and a
mandatory minimum fine of $1,750. The 
18
imprisonment or assignment of community
service under this 
19
subsection (c-8) is not subject to suspension, nor
is the

20
person eligible for a reduced sentence.

21
    (c-9) Any person convicted a third time for violating 
22
subsection (a) or a
similar provision, if at the time of the 
23
third violation the person was
transporting a person under the 
24
age of 16, is guilty of a Class 4 felony and shall
receive, in 
25
addition to any other
penalty imposed, an additional mandatory 
26
fine of $1,000, an additional
mandatory 140 hours of community 
27
service, which shall include 40 hours in a
program benefiting 
28
children, and a mandatory minimum 30 days of imprisonment.
The 
29
imprisonment or assignment of community service under this 
30
subsection (c-9)
is not subject to suspension, nor is the 
31
person eligible for a reduced
sentence.

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


 






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1
community
service in a program benefiting children, an 
2
additional mandatory fine of

$3,000, and a mandatory minimum 
3
120 days of imprisonment. The imprisonment or
assignment of 
4
community service under this subsection (c-10) is not subject 
5
to
suspension, nor is the person eligible for a reduced 
6
sentence.

7
    (c-11) Any person convicted a fourth or subsequent time for 
8
violating
subsection (a) or a similar provision, if at the time 
9
of the fourth or
subsequent violation the person was 
10
transporting a person under the age of 16,
and if the person's 
11
3 prior violations of subsection (a) or a similar provision

12
occurred while transporting a person under the age of 16 or 
13
while the alcohol
concentration in his or her blood, breath, or 
14
urine was 0.16 or more based
on the definition of blood, 
15
breath, or urine units in Section 11-501.2, is
guilty of a 
16
Class 2 felony, is not eligible for probation or conditional

17
discharge, and is subject to a minimum fine of $3,000.

18
    (c-12) Any person convicted of a first violation of 
19
subsection (a) or a
similar provision, if the alcohol 
20
concentration in his or her blood, breath, or
urine was 0.16 or 
21
more based on the definition of blood, breath, or urine
units 
22
in Section 11-501.2, shall be subject, in addition to any other 
23
penalty
that may be imposed, to a mandatory minimum of 100 
24
hours of community service
and a mandatory minimum fine of 
25
$500.

26
    (c-13) Any person convicted of a second violation of 
27
subsection (a) or a similar provision committed within 10 years 
28
of a previous violation of subsection (a) or a similar 
29
provision committed within 10 years of a previous violation of 
30
subsection (a) or a similar provision, if at the time of the 
31
second violation of subsection (a) the
alcohol concentration in 
32
his or her blood, breath, or urine was 0.16 or more
based on 
33
the definition of blood, breath, or urine units in Section 
34
11-501.2,
shall be
subject, in addition to any other penalty 
35
that may be imposed, to a mandatory
minimum of 2 days of 
36
imprisonment and a mandatory minimum fine of $1,250.

 


 






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1
    (c-14) Any person convicted of a third violation of 
2
subsection (a) or a
similar provision within 20 years of a 
3
previous violation of subsection (a) or
a
similar provision, if 
4
at the time of the third violation of subsection (a) or a

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

12
    (c-15) Any person convicted of a fourth or subsequent 
13
violation of
subsection
(a) or a similar provision, if at the 
14
time of the fourth or subsequent
violation the alcohol 
15
concentration in his or her blood, breath, or urine was
0.16 or 
16
more based on the definition of blood, breath, or urine units 
17
in
Section 11-501.2, and if the person's 3 prior violations of 
18
subsection (a) or a
similar provision occurred while 
19
transporting a person under the age of 16 or
while the alcohol 
20
concentration in his or her blood, breath, or urine was 0.16
or 
21
more based on the definition of blood, breath, or urine units 
22
in Section
11-501.2, is guilty of a Class 2 felony and is not 
23
eligible for a sentence of
probation or conditional discharge 
24
and is subject to a minimum fine of
$2,500.


25
    (d) (1) Every person convicted of committing a violation of 
26
    this Section
shall be guilty of aggravated driving under 
27
    the influence of alcohol,
other drug or drugs, or 
28
    intoxicating compound or compounds, or any combination

29
    thereof if:


30
            (A) the person committed a violation of subsection 
31
        (a) or a similar
provision for the
third or subsequent 
32
        time;


33
            (B) the person committed a violation of subsection 
34
        (a)
while
driving a school bus with persons 18 years of 
35
        age or younger

on board;


36
            (C) the person in committing a violation of 
 


 






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1
        subsection
(a) was
involved in a motor vehicle accident 
2
        that resulted in great bodily harm or
permanent 
3
        disability or disfigurement to another, when the 
4
        violation was
a proximate cause of the injuries;


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

10
        determined to have been under the influence of alcohol, 
11
        other drug or
drugs, or intoxicating compound or 
12
        compounds as an element of the offense or
the person 
13
        has previously been convicted
under subparagraph (C) 
14
        or subparagraph (F) of this paragraph (1);


15
            (E) the person, in committing a violation of 
16
        subsection (a) while
driving at any speed in a school 
17
        speed zone at a time when a speed limit of
20 miles per 
18
        hour was in effect under subsection (a) of Section 
19
        11-605 of
this Code, was involved in a motor vehicle 
20
        accident that resulted in bodily
harm, other than great 
21
        bodily harm or permanent disability or disfigurement,

22
        to another person, when the violation of subsection (a) 
23
        was a
proximate cause
of the bodily harm; or


24
            (F) the person, in committing a violation of 
25
        subsection (a), was
involved in a motor vehicle, 
26
        snowmobile, all-terrain vehicle, or watercraft

27
        accident that resulted in
the death of another person, 
28
        when the violation of subsection
(a) was
a proximate 
29
        cause of the death.


30
        (2) Except as provided in this paragraph (2), a person 
31
    convicted of
aggravated driving under
the
influence of 
32
    alcohol, other drug or
drugs,
or intoxicating compound or 
33
    compounds, or any
combination thereof is guilty of a Class 
34
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
35
    (1) of this subsection (d), the defendant, if sentenced to 
36
    a term
of imprisonment, shall be sentenced
to not less than

 


 






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1
    one year nor more than 12 years.
Aggravated driving under 
2
    the influence of alcohol, other drug or drugs,
or 
3
    intoxicating compound or compounds, or any combination 
4
    thereof as
defined in subparagraph (F) of paragraph (1) of 
5
    this subsection (d) is
a Class 2 felony, for which the 
6
    defendant, unless the court determines that extraordinary 
7
    circumstances exist and require probation, 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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1
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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1
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, any items used for 
9
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
10
moneys received by the Department of State Police under this 
11
subsection
(j) shall be deposited into the State Police DUI 
12
Fund and shall be used to
purchase law enforcement equipment 
13
that will assist in the prevention of alcohol and drug related 
14
crime and any other act related to
alcohol related criminal 
15
violence throughout the State.


16
    (k) The Secretary of State Police DUI Fund is created as a 
17
special
fund in the State treasury. All moneys received by the 
18
Secretary of State
Police under subsection (j) of this Section 
19
shall be deposited into the
Secretary of State Police DUI Fund 
20
and, subject to appropriation, shall be
used to purchase law 
21
enforcement equipment to assist in the prevention of alcohol 
22
and drug related crime and any other act related to
alcohol 
23
related criminal violence throughout the State.


24
    (l) Whenever an individual is sentenced for an offense 
25
based upon an
arrest for a violation of subsection (a) or a 
26
similar provision of a local
ordinance, and the professional 
27
evaluation recommends remedial or
rehabilitative treatment or 
28
education, neither the treatment nor the education
shall be the 
29
sole disposition and either or both may be imposed only in

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


 






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1
evaluation or remedial education program in the
individual's 
2
state of residence.  Programs providing treatment must be 
3
licensed
under existing applicable alcoholism and drug 
4
treatment licensure standards.

5
    (m) In addition to any other fine or penalty required by 
6
law, an individual
convicted of a violation of subsection (a), 
7
Section 5-7 of the Snowmobile
Registration and Safety Act, 
8
Section 5-16 of the Boat Registration and Safety
Act, or a 
9
similar provision, whose operation of a motor vehicle, 
10
snowmobile, or
watercraft while in
violation of subsection (a), 
11
Section 5-7 of the Snowmobile Registration and
Safety Act, 
12
Section 5-16 of the Boat Registration and Safety Act, or a 
13
similar
provision proximately caused an incident resulting in 
14
an appropriate emergency
response, shall be required to make 
15
restitution to a public agency for the
costs of that emergency 
16
response. The restitution may not exceed $1,000 per
public 
17
agency for each emergency response. As used in this subsection 
18
(m),
"emergency response" means any incident requiring a 
19
response by a police
officer, a firefighter carried on the 
20
rolls of a regularly constituted fire
department, or an 
21
ambulance.


22
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
23
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
24
93-840, eff. 7-30-04; 94-113, eff. 1-1-06.)

 
25
    (Text of Section from P.A. 94-114)
26
    Sec. 11-501. Driving while under the influence of alcohol, 
27
other drug or
drugs, intoxicating compound or compounds or any 
28
combination thereof.

29
    (a) A person shall not drive or be in actual
physical 
30
control of any vehicle within this State while:


31
        (1) the alcohol concentration in the person's blood or 
32
    breath is 0.08
or more based on the definition of blood and 
33
    breath units in Section 11-501.2;


34
        (2) under the influence of alcohol;


35
        (3) under the influence of any intoxicating compound or 
 


 






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


3
        (4) under the influence of any other drug or 
4
    combination of drugs to a
degree that renders the person 
5
    incapable of safely driving;


6
        (5) under the combined influence of alcohol, other drug 
7
    or drugs, or
intoxicating compound or compounds to a degree 
8
    that renders the person
incapable of safely driving; or


9
        (6) there is any amount of a drug, substance, or 
10
    compound in the
person's breath, blood, or urine resulting 
11
    from the unlawful use or consumption
of cannabis listed in 
12
    the Cannabis Control Act, a controlled substance listed
in 
13
    the Illinois Controlled Substances Act, or an intoxicating 
14
    compound listed
in the Use of Intoxicating Compounds Act.


15
    (b) The fact that any person charged with violating this 
16
Section is or
has been legally entitled to use alcohol, other 
17
drug or drugs, or
intoxicating compound or compounds, or any

18
combination thereof,  shall not constitute a defense against any 
19
charge of
violating this Section.


20
    (b-1) With regard to penalties imposed under this Section:

21
        (1) Any reference to a prior violation of subsection 
22
    (a) or a similar
provision includes any violation of a 
23
    provision of a local ordinance or a
provision of a law of 
24
    another state that is similar to a violation of
subsection 
25
    (a) of this Section.

26
        (2) Any penalty imposed for driving with a license that 
27
    has been revoked
for a previous violation of subsection (a) 
28
    of this Section shall be in
addition to the penalty imposed 
29
    for any subsequent violation of subsection (a).

30
    (b-2) Except as otherwise provided in this Section, any 
31
person convicted of
violating subsection (a) of this Section is 
32
guilty of a Class A misdemeanor.

33
    (b-3) In addition to any other criminal or administrative 
34
sanction for any
second conviction of violating subsection (a) 
35
or a similar provision committed
within 5 years of a previous 
36
violation of subsection (a) or a similar
provision, the 
 


 






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1
defendant shall be sentenced to a mandatory minimum of 5 days 
2
of
imprisonment or assigned a mandatory minimum of 240 hours of 
3
community service
as may be determined by the court.

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

9
be imposed.

10
    (b-5) The imprisonment or assignment of community service 
11
under subsections
(b-3) and (b-4) shall not be subject to 
12
suspension, nor shall the person be
eligible for a reduced 
13
sentence.


14
    (c) (Blank).



15
    (c-1) (1) A person who violates subsection (a)

during
a 
16
    period in which his
or her driving privileges are revoked 
17
    or suspended, where the revocation or
suspension was for a 
18
    violation of subsection (a), Section
11-501.1, paragraph 
19
    (b)
of Section 11-401, or for reckless homicide as defined 
20
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

21
    Class 4 felony.


22
        (2) A person who violates subsection (a) a third
time, 
23
    if the third violation occurs during a period in
which his 
24
    or her driving privileges are revoked or suspended where 
25
    the
revocation
or suspension was for a violation of 
26
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
27
    11-401, or for reckless homicide as defined in Section 9-3

28
    of the Criminal Code of 1961, is guilty of
a Class 3 
29
    felony.
30
        (2.1) A person who violates subsection (a) a third 
31
    time, if the third
violation occurs during a period in 
32
    which his or her driving privileges are
revoked or 
33
    suspended where the revocation or suspension was for a 
34
    violation of
subsection (a), Section 11-501.1, subsection 
35
    (b) of Section 11-401, or for
reckless homicide as defined 
36
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
 


 






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1
    Class 3 felony; and if the
person receives a term of

2
    probation or conditional discharge, he or she shall be 
3
    required to serve a
mandatory
minimum of 10 days of 
4
    imprisonment or shall be assigned a mandatory minimum of

5
    480 hours of community service, as may be determined by the 
6
    court, as a
condition of the probation or conditional 
7
    discharge. This mandatory minimum
term of imprisonment or 
8
    assignment of community service shall not be suspended
or 
9
    reduced by the court.

10
        (2.2) A person who violates subsection (a), if the

11
    violation occurs during a period in which his or her 
12
    driving privileges are
revoked or suspended where the 
13
    revocation or suspension was for a violation of
subsection 
14
    (a) or Section 11-501.1, shall also be sentenced to an 
15
    additional
mandatory minimum term of 30 consecutive days of 
16
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
17
    720 hours of community service, as may be
determined by the 
18
    court.  This mandatory term of imprisonment or assignment of

19
    community service shall  not be suspended or reduced by the 
20
    court.


21
        (3) A person who violates subsection (a) a fourth or

22
    fifth time, if the fourth or fifth

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

26
    (b) of Section 11-401, or for reckless homicide as defined 
27
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
28
    Class 2 felony and is not eligible for a sentence of 
29
    probation or
conditional discharge.


30
    (c-2) (Blank).


31
    (c-3) (Blank).



32
    (c-4) (Blank).

33
    (c-5) A person who violates subsection (a), if the person 
34
was transporting
a person under the age of 16 at the time of 
35
the violation, is subject to an
additional mandatory minimum 
36
fine of $1,000, an additional mandatory minimum
140 hours of 
 


 






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1
community service, which shall include 40 hours of community

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

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

12
community service, which shall include 40 hours of community 
13
service in a
program benefiting children.
The imprisonment or 
14
assignment of community service under this subsection (c-6)
is 
15
not subject to suspension, nor is the person eligible for a 
16
reduced
sentence.

17
    (c-7) Except as provided in subsection (c-8), any person 
18
convicted of
violating subsection (c-6) or a similar
provision 
19
within 10 years of a previous violation of subsection (a) or a

20
similar provision shall receive, in addition to any other 
21
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
22
additional 40 hours of mandatory
community service in a program 
23
benefiting children, and a mandatory minimum
fine of $1,750. 
24
The imprisonment or assignment of community service under this

25
subsection (c-7) is not subject to suspension, nor is the 
26
person
eligible for a reduced sentence.

27
    (c-8) Any person convicted of violating subsection (c-6) or 
28
a similar
provision within 5 years of a previous violation of 
29
subsection (a) or a similar
provision shall receive, in 
30
addition to any other penalty imposed, an
additional 80 hours 
31
of mandatory community service in a program benefiting

32
children, an additional mandatory minimum 12 days of 
33
imprisonment, and a
mandatory minimum fine of $1,750. The 
34
imprisonment or assignment of community
service under this 
35
subsection (c-8) is not subject to suspension, nor
is the

36
person eligible for a reduced sentence.

 


 






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

12
    (c-10) Any person convicted of violating subsection (c-9) 
13
or a similar
provision a third time within 20 years of a 
14
previous violation of subsection
(a) or a
similar provision is 
15
guilty of a Class 4 felony and shall receive, in addition
to 
16
any other penalty imposed, an additional mandatory 40 hours of 
17
community
service in a program benefiting children, an 
18
additional mandatory fine of

$3,000, and a mandatory minimum 
19
120 days of imprisonment. The imprisonment or
assignment of 
20
community service under this subsection (c-10) is not subject 
21
to
suspension, nor is the person eligible for a reduced 
22
sentence.

23
    (c-11) Any person convicted a fourth or fifth

time for 
24
violating
subsection (a) or a similar provision, if at the time 
25
of the fourth or
fifth violation the person was transporting a 
26
person under the age of 16,
and if the person's 3 prior 
27
violations of subsection (a) or a similar provision
occurred 
28
while transporting a person under the age of 16 or while the 
29
alcohol
concentration in his or her blood, breath, or urine was 
30
0.16 or more based
on the definition of blood, breath, or urine 
31
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
32
not eligible for probation or conditional
discharge, and is 
33
subject to a minimum fine of $3,000.

34
    (c-12) Any person convicted of a first violation of 
35
subsection (a) or a
similar provision, if the alcohol 
36
concentration in his or her blood, breath, or
urine was 0.16 or 
 


 






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

6
    (c-13) Any person convicted of a second violation of 
7
subsection (a) or a similar provision committed within 10 years 
8
of a previous violation of subsection (a) or a similar 
9
provision committed within 10 years of a previous violation of 
10
subsection (a) or a similar provision, if at the time of the 
11
second violation of subsection (a) the
alcohol concentration in 
12
his or her blood, breath, or urine was 0.16 or more
based on 
13
the definition of blood, breath, or urine units in Section 
14
11-501.2,
shall be
subject, in addition to any other penalty 
15
that may be imposed, to a mandatory
minimum of 2 days of 
16
imprisonment and a mandatory minimum fine of $1,250.

17
    (c-14) Any person convicted of a third violation of 
18
subsection (a) or a
similar provision within 20 years of a 
19
previous violation of subsection (a) or
a
similar provision, if 
20
at the time of the third violation of subsection (a) or a

21
similar provision the alcohol concentration in his or her 
22
blood, breath, or
urine was 0.16 or more based on the 
23
definition of blood, breath, or urine units
in Section 
24
11-501.2, is guilty of a Class 4 felony and shall be subject, 
25
in
addition to any other penalty that may be imposed, to a 
26
mandatory minimum of
90 days of imprisonment and a mandatory 
27
minimum fine of $2,500.

28
    (c-15) Any person convicted of a fourth or fifth

violation 
29
of
subsection
(a) or a similar provision, if at the time of the 
30
fourth or fifth

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


 






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1
definition of blood, breath, or urine units in Section

2
11-501.2, is guilty of a Class 2 felony and is not eligible for 
3
a sentence of
probation or conditional discharge and is subject 
4
to a minimum fine of
$2,500.


5
    (c-16) Any person convicted of a sixth or subsequent 
6
violation of subsection (a) is guilty of a Class X felony.

7
    (d) (1) Every person convicted of committing a violation of 
8
    this Section
shall be guilty of aggravated driving under 
9
    the influence of alcohol,
other drug or drugs, or 
10
    intoxicating compound or compounds, or any combination

11
    thereof if:


12
            (A) the person committed a violation of subsection 
13
        (a) or a similar
provision for the
third or subsequent 
14
        time;


15
            (B) the person committed a violation of subsection 
16
        (a)
while
driving a school bus with persons 18 years of 
17
        age or younger

on board;


18
            (C) the person in committing a violation of 
19
        subsection
(a) was
involved in a motor vehicle accident 
20
        that resulted in great bodily harm or
permanent 
21
        disability or disfigurement to another, when the 
22
        violation was
a proximate cause of the injuries;


23
            (D) the person committed a violation of subsection 
24
        (a)
for a
second time and has been previously convicted 
25
        of violating Section 9-3 of the
Criminal Code of 1961 
26
        or a similar provision of a law of another state 
27
        relating to reckless homicide in which the person was

28
        determined to have been under the influence of alcohol, 
29
        other drug or
drugs, or intoxicating compound or 
30
        compounds as an element of the offense or
the person 
31
        has previously been convicted
under subparagraph (C) 
32
        or subparagraph (F) of this paragraph (1);


33
            (E) the person, in committing a violation of 
34
        subsection (a) while
driving at any speed in a school 
35
        speed zone at a time when a speed limit of
20 miles per 
36
        hour was in effect under subsection (a) of Section 
 


 






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1
        11-605 of
this Code, was involved in a motor vehicle 
2
        accident that resulted in bodily
harm, other than great 
3
        bodily harm or permanent disability or disfigurement,

4
        to another person, when the violation of subsection (a) 
5
        was a
proximate cause
of the bodily harm; or


6
            (F) the person, in committing a violation of 
7
        subsection (a), was
involved in a motor vehicle, 
8
        snowmobile, all-terrain vehicle, or watercraft

9
        accident that resulted in
the death of another person, 
10
        when the violation of subsection
(a) was
a proximate 
11
        cause of the death.


12
        (2) Except as provided in this paragraph (2), a person 
13
    convicted of
aggravated driving under
the
influence of 
14
    alcohol, other drug or
drugs,
or intoxicating compound or 
15
    compounds, or any
combination thereof is guilty of a Class 
16
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
17
    (1) of this subsection (d), the defendant, if sentenced to 
18
    a term
of imprisonment, shall be sentenced
to not less than

19
    one year nor more than 12 years.
Aggravated driving under 
20
    the influence of alcohol, other drug or drugs,
or 
21
    intoxicating compound or compounds, or any combination 
22
    thereof as
defined in subparagraph (F) of paragraph (1) of 
23
    this subsection (d) is
a Class 2 felony, for which the 
24
    defendant, if sentenced to a term of
imprisonment, shall be 
25
    sentenced to: (A) a
term of imprisonment of not less than 3 
26
    years and not more
than 14 years if the violation resulted 
27
    in the death of one person; or
(B) a term of imprisonment 
28
    of not less than 6 years and not
more than 28 years if the 
29
    violation resulted in the deaths of 2 or more
persons.
For 
30
    any prosecution under this subsection
(d), a certified copy 
31
    of the
driving abstract of the defendant shall be admitted 
32
    as proof of any prior
conviction.
Any person sentenced 
33
    under this subsection (d) who receives a term of
probation

34
    or conditional discharge must serve a minimum term of 
35
    either 480 hours of
community service or 10 days of 
36
    imprisonment as a condition of the probation or
conditional 
 


 






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1
    discharge. This mandatory minimum term of imprisonment or

2
    assignment of community service may not be suspended or 
3
    reduced by the court.


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

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


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

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


26
    (f) Every person found guilty of violating this Section, 
27
whose
operation of a motor vehicle while in violation of this 
28
Section proximately
caused any incident resulting in an 
29
appropriate emergency response, shall
be liable for the expense 
30
of an emergency response as provided under
Section 5-5-3 of the 
31
Unified Code of Corrections.


32
    (g) The Secretary of State shall revoke the driving 
33
privileges of any
person convicted under this Section or a 
34
similar provision of a local
ordinance.


35
    (h) (Blank).



36
    (i) The Secretary of State shall require the use of 
 


 






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1
ignition interlock
devices on all vehicles owned by an 
2
individual who has been convicted of a
second
or subsequent 
3
offense of this Section or a similar provision of a local

4
ordinance.  The Secretary shall establish by rule and regulation 
5
the procedures
for certification and use of the interlock 
6
system.


7
    (j) In addition to any other penalties and liabilities, a 
8
person who is
found guilty of or pleads guilty to violating 
9
subsection (a), including any
person placed on court 
10
supervision for violating subsection (a), shall be fined
$500, 
11
payable to the
circuit clerk, who shall distribute the money as 
12
follows: 20% to the law enforcement agency
that made the arrest 
13
and 80% shall be forwarded to the State Treasurer for deposit 
14
into the General Revenue Fund.  If the person has been 
15
previously convicted of violating
subsection (a) or a similar 
16
provision of a local
ordinance, the fine shall be
$1,000.  In 
17
the event that more than one agency is responsible
for the 
18
arrest, the amount payable to law enforcement agencies  shall be 
19
shared equally.  Any moneys received
by a law
enforcement agency 
20
under this subsection (j) shall be used to purchase law

21
enforcement equipment that will assist in the prevention of 
22
alcohol and drug related crime and any other act related to

23
alcohol related
criminal violence throughout the State.  This 
24
shall include, but is not limited
to, in-car video cameras, 
25
radar and laser speed detection devices, any items used for 
26
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
27
moneys received by the Department of State Police under this 
28
subsection
(j) shall be deposited into the State Police DUI 
29
Fund and shall be used to
purchase law enforcement equipment 
30
that will assist in the prevention of alcohol and drug related 
31
crime and any other act related to
alcohol related criminal 
32
violence throughout the State.


33
    (k) The Secretary of State Police DUI Fund is created as a 
34
special
fund in the State treasury. All moneys received by the 
35
Secretary of State
Police under subsection (j) of this Section 
36
shall be deposited into the
Secretary of State Police DUI Fund 
 


 






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


5
    (l) Whenever an individual is sentenced for an offense 
6
based upon an
arrest for a violation of subsection (a) or a 
7
similar provision of a local
ordinance, and the professional 
8
evaluation recommends remedial or
rehabilitative treatment or 
9
education, neither the treatment nor the education
shall be the 
10
sole disposition and either or both may be imposed only in

11
conjunction with another disposition. The court shall monitor 
12
compliance with
any remedial education or treatment 
13
recommendations contained in the
professional evaluation. 
14
Programs conducting alcohol or other drug evaluation
or 
15
remedial education must be licensed by the Department of Human 
16
Services. If
the individual is not a resident of Illinois, 
17
however, the court may accept an
alcohol or other drug 
18
evaluation or remedial education program in the
individual's 
19
state of residence.  Programs providing treatment must be 
20
licensed
under existing applicable alcoholism and drug 
21
treatment licensure standards.

22
    (m) In addition to any other fine or penalty required by 
23
law, an individual
convicted of a 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, whose operation of a motor vehicle, 
27
snowmobile, or
watercraft while in
violation of subsection (a), 
28
Section 5-7 of the Snowmobile Registration and
Safety Act, 
29
Section 5-16 of the Boat Registration and Safety Act, or a 
30
similar
provision proximately caused an incident resulting in 
31
an appropriate emergency
response, shall be required to make 
32
restitution to a public agency for the
costs of that emergency 
33
response. The restitution may not exceed $1,000 per
public 
34
agency for each emergency response. As used in this subsection 
35
(m),
"emergency response" means any incident requiring a 
36
response by a police
officer, a firefighter carried on the 
 


 






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1
rolls of a regularly constituted fire
department, or an 
2
ambulance.


3
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
4
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
5
93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)

 
6
    (Text of Section from P.A. 94-116)
7
    Sec. 11-501. Driving while under the influence of alcohol, 
8
other drug or
drugs, intoxicating compound or compounds or any 
9
combination thereof.

10
    (a) A person shall not drive or be in actual
physical 
11
control of any vehicle within this State while:


12
        (1) the alcohol concentration in the person's blood or 
13
    breath is 0.08
or more based on the definition of blood and 
14
    breath units in Section 11-501.2;


15
        (2) under the influence of alcohol;


16
        (3) under the influence of any intoxicating compound or 
17
    combination of
intoxicating compounds to a degree that 
18
    renders the person incapable of
driving safely;


19
        (4) under the influence of any other drug or 
20
    combination of drugs to a
degree that renders the person 
21
    incapable of safely driving;


22
        (5) under the combined influence of alcohol, other drug 
23
    or drugs, or
intoxicating compound or compounds to a degree 
24
    that renders the person
incapable of safely driving; or


25
        (6) there is any amount of a drug, substance, or 
26
    compound in the
person's breath, blood, or urine resulting 
27
    from the unlawful use or consumption
of cannabis listed in 
28
    the Cannabis Control Act, a controlled substance listed
in 
29
    the Illinois Controlled Substances Act, or an intoxicating 
30
    compound listed
in the Use of Intoxicating Compounds Act.


31
    (b) The fact that any person charged with violating this 
32
Section is or
has been legally entitled to use alcohol, other 
33
drug or drugs, or
intoxicating compound or compounds, or any

34
combination thereof,  shall not constitute a defense against any 
35
charge of
violating this Section.


 


 






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

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

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

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

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

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

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

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

27
    (b-5) The imprisonment or assignment of community service 
28
under subsections
(b-3) and (b-4) shall not be subject to 
29
suspension, nor shall the person be
eligible for a reduced 
30
sentence.


31
    (c) (Blank).



32
    (c-1) (1) A person who violates subsection (a)

during
a 
33
    period in which his
or her driving privileges are revoked 
34
    or suspended, where the revocation or
suspension was for a 
35
    violation of subsection (a), Section
11-501.1, paragraph 
36
    (b)
of Section 11-401, or for reckless homicide as defined 
 


 






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1
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

2
    Class 4 felony.


3
        (2) A person who violates subsection (a) a third
time 
4
    is guilty of
a Class 2 felony.
5
        (2.1) A person who violates subsection (a) a third 
6
    time, if the third
violation occurs during a period in 
7
    which his or her driving privileges are
revoked or 
8
    suspended where the revocation or suspension was for a 
9
    violation of
subsection (a), Section 11-501.1, subsection 
10
    (b) of Section 11-401, or for
reckless homicide as defined 
11
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
12
    Class 2 felony; and if the
person receives a term of

13
    probation or conditional discharge, he or she shall be 
14
    required to serve a
mandatory
minimum of 10 days of 
15
    imprisonment or shall be assigned a mandatory minimum of

16
    480 hours of community service, as may be determined by the 
17
    court, as a
condition of the probation or conditional 
18
    discharge. This mandatory minimum
term of imprisonment or 
19
    assignment of community service shall not be suspended
or 
20
    reduced by the court.

21
        (2.2) A person who violates subsection (a), if the

22
    violation occurs during a period in which his or her 
23
    driving privileges are
revoked or suspended where the 
24
    revocation or suspension was for a violation of
subsection 
25
    (a) or Section 11-501.1, shall also be sentenced to an 
26
    additional
mandatory minimum term of 30 consecutive days of 
27
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
28
    720 hours of community service, as may be
determined by the 
29
    court.  This mandatory term of imprisonment or assignment of

30
    community service shall  not be suspended or reduced by the 
31
    court.


32
        (3) A person who violates subsection (a) a fourth time 
33
    is guilty of
a Class 2 felony and is not eligible for a 
34
    sentence of probation or
conditional discharge.


35
        (4) A person who violates subsection (a) a fifth or 
36
    subsequent time is guilty of a Class 1 felony and is not 
 


 






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1
    eligible for a sentence of probation or conditional 
2
    discharge.

3
    (c-2) (Blank).


4
    (c-3) (Blank).



5
    (c-4) (Blank).

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

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

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

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

26
    (c-7) Except as provided in subsection (c-8), any person 
27
convicted of
violating subsection (c-6) or a similar
provision 
28
within 10 years of a previous violation of subsection (a) or a

29
similar provision shall receive, in addition to any other 
30
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
31
additional 40 hours of mandatory
community service in a program 
32
benefiting children, and a mandatory minimum
fine of $1,750. 
33
The imprisonment or assignment of community service under this

34
subsection (c-7) is not subject to suspension, nor is the 
35
person
eligible for a reduced sentence.

36
    (c-8) Any person convicted of violating subsection (c-6) or 
 


 






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1
a similar
provision within 5 years of a previous violation of 
2
subsection (a) or a similar
provision shall receive, in 
3
addition to any other penalty imposed, an
additional 80 hours 
4
of mandatory community service in a program benefiting

5
children, an additional mandatory minimum 12 days of 
6
imprisonment, and a
mandatory minimum fine of $1,750. The 
7
imprisonment or assignment of community
service under this 
8
subsection (c-8) is not subject to suspension, nor
is the

9
person eligible for a reduced sentence.

10
    (c-9) Any person convicted a third time for violating 
11
subsection (a) or a
similar provision, if at the time of the 
12
third violation the person was
transporting a person under the 
13
age of 16, is guilty of a Class 2 felony and shall
receive, in 
14
addition to any other
penalty imposed, an additional mandatory 
15
fine of $1,000, an additional
mandatory 140 hours of community 
16
service, which shall include 40 hours in a
program benefiting 
17
children, and a mandatory minimum 30 days of imprisonment.
The 
18
imprisonment or assignment of community service under this 
19
subsection (c-9)
is not subject to suspension, nor is the 
20
person eligible for a reduced
sentence.

21
    (c-10) Any person convicted of violating subsection (c-9) 
22
or a similar
provision a third time within 20 years of a 
23
previous violation of subsection
(a) or a
similar provision is 
24
guilty of a Class 2 felony and shall receive, in addition
to 
25
any other penalty imposed, an additional mandatory 40 hours of 
26
community
service in a program benefiting children, an 
27
additional mandatory fine of

$3,000, and a mandatory minimum 
28
120 days of imprisonment. The imprisonment or
assignment of 
29
community service under this subsection (c-10) is not subject 
30
to
suspension, nor is the person eligible for a reduced 
31
sentence.

32
    (c-11) Any person convicted a fourth time for violating

33
subsection (a) or a similar provision, if at the time of the 
34
fourth violation the person was transporting a person under the 
35
age of 16,
and if the person's 3 prior violations of subsection 
36
(a) or a similar provision
occurred while transporting a person 
 


 






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1
under the age of 16 or while the alcohol
concentration in his 
2
or her blood, breath, or urine was 0.16 or more based
on the 
3
definition of blood, breath, or urine units in Section 
4
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
5
probation or conditional
discharge, and is subject to a minimum 
6
fine of $3,000.

7
    (c-12) Any person convicted of a first violation of 
8
subsection (a) or a
similar provision, if the alcohol 
9
concentration in his or her blood, breath, or
urine was 0.16 or 
10
more based on the definition of blood, breath, or urine
units 
11
in Section 11-501.2, shall be subject, in addition to any other 
12
penalty
that may be imposed, to a mandatory minimum of 100 
13
hours of community service
and a mandatory minimum fine of 
14
$500.

15
    (c-13) Any person convicted of a second violation of 
16
subsection (a) or a similar provision committed within 10 years 
17
of a previous violation of subsection (a) or a similar 
18
provision committed within 10 years of a previous violation of 
19
subsection (a) or a similar provision, if at the time of the 
20
second violation of subsection (a) the
alcohol concentration in 
21
his or her blood, breath, or urine was 0.16 or more
based on 
22
the definition of blood, breath, or urine units in Section 
23
11-501.2,
shall be
subject, in addition to any other penalty 
24
that may be imposed, to a mandatory
minimum of 2 days of 
25
imprisonment and a mandatory minimum fine of $1,250.

26
    (c-14) Any person convicted of a third violation of 
27
subsection (a) or a
similar provision within 20 years of a 
28
previous violation of subsection (a) or
a
similar provision, if 
29
at the time of the third violation of subsection (a) or a

30
similar provision the alcohol concentration in his or her 
31
blood, breath, or
urine was 0.16 or more based on the 
32
definition of blood, breath, or urine units
in Section 
33
11-501.2, is guilty of a Class 2 felony and shall be subject, 
34
in
addition to any other penalty that may be imposed, to a 
35
mandatory minimum of
90 days of imprisonment and a mandatory 
36
minimum fine of $2,500.

 


 






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1
    (c-15) Any person convicted of a fourth
violation of

2
subsection
(a) or a similar provision, if at the time of the 
3
fourth
violation the alcohol concentration in his or her blood, 
4
breath, or urine was
0.16 or more based on the definition of 
5
blood, breath, or urine units in
Section 11-501.2, and if the 
6
person's 3 prior violations of subsection (a) or a
similar 
7
provision occurred while transporting a person under the age of 
8
16 or
while the alcohol concentration in his or her blood, 
9
breath, or urine was 0.16
or more based on the definition of 
10
blood, breath, or urine units in Section
11-501.2, is guilty of 
11
a Class 2 felony and is not eligible for a sentence of

12
probation or conditional discharge and is subject to a minimum 
13
fine of
$2,500.


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

18
    thereof if:


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


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

on board;


25
            (C) the person in committing a violation of 
26
        subsection
(a) was
involved in a motor vehicle accident 
27
        that resulted in great bodily harm or
permanent 
28
        disability or disfigurement to another, when the 
29
        violation was
a proximate cause of the injuries;


30
            (D) the person committed a violation of subsection 
31
        (a)
for a
second time and has been previously convicted 
32
        of violating Section 9-3 of the
Criminal Code of 1961 
33
        or a similar provision of a law of another state 
34
        relating to reckless homicide in which the person was

35
        determined to have been under the influence of alcohol, 
36
        other drug or
drugs, or intoxicating compound or 
 


 






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


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

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


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

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


19
        (2) Except as provided in this paragraph (2) and in 
20
    paragraphs (3) and (4) of subsection (c-1), a person 
21
    convicted of
aggravated driving under
the
influence of 
22
    alcohol, other drug or
drugs,
or intoxicating compound or 
23
    compounds, or any
combination thereof is guilty of a Class 
24
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
25
    (1) of this subsection (d), the defendant, if sentenced to 
26
    a term
of imprisonment, shall be sentenced
to not less than

27
    one year nor more than 12 years.
Except as provided in 
28
    paragraph (4) of subsection (c-1), aggravated driving 
29
    under the influence of alcohol, other drug, or drugs, 
30
    intoxicating compounds or compounds, or any combination 
31
    thereof as defined in subparagraph (A) of paragraph (1) of 
32
    this subsection (d) is a Class 2 felony. Aggravated driving 
33
    under the influence of alcohol, other drug or drugs,
or 
34
    intoxicating compound or compounds, or any combination 
35
    thereof as
defined in subparagraph (F) of paragraph (1) of 
36
    this subsection (d) is
a Class 2 felony, for which the 
 


 






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1
    defendant, if sentenced to a term of
imprisonment, shall be 
2
    sentenced to: (A) a
term of imprisonment of not less than 3 
3
    years and not more
than 14 years if the violation resulted 
4
    in the death of one person; or
(B) a term of imprisonment 
5
    of not less than 6 years and not
more than 28 years if the 
6
    violation resulted in the deaths of 2 or more
persons.
For 
7
    any prosecution under this subsection
(d), a certified copy 
8
    of the
driving abstract of the defendant shall be admitted 
9
    as proof of any prior
conviction.
Any person sentenced 
10
    under this subsection (d) who receives a term of
probation

11
    or conditional discharge must serve a minimum term of 
12
    either 480 hours of
community service or 10 days of 
13
    imprisonment as a condition of the probation or
conditional 
14
    discharge. This mandatory minimum term of imprisonment or

15
    assignment of community service may not be suspended or 
16
    reduced by the court.


17
    (e) After a finding of guilt and prior to any final 
18
sentencing, or an
order for supervision, for an offense based 
19
upon an arrest for a
violation of this Section or a similar 
20
provision of a local ordinance,
individuals shall be required 
21
to undergo a professional evaluation to
determine if an 
22
alcohol, drug, or intoxicating compound abuse problem exists

23
and the
extent of the problem, and undergo the imposition of 
24
treatment as appropriate.
Programs conducting these 
25
evaluations shall be
licensed by the Department of Human 
26
Services.  The cost of any professional
evaluation shall be paid 
27
for by the
individual
required to undergo the professional 
28
evaluation.


29
    (e-1) Any person who is found guilty of or pleads guilty to 
30
violating this
Section, including any person receiving a 
31
disposition of court supervision for
violating this Section, 
32
may be required by the Court to attend a victim
impact panel 
33
offered by, or under contract with, a County State's Attorney's

34
office, a probation and court services department, Mothers 
35
Against Drunk
Driving,
or the Alliance Against Intoxicated 
36
Motorists.
All costs generated by
the victim impact panel shall 
 


 






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1
be paid from fees collected from the
offender or as may be 
2
determined by the court.


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


9
    (g) The Secretary of State shall revoke the driving 
10
privileges of any
person convicted under this Section or a 
11
similar provision of a local
ordinance.


12
    (h) (Blank).



13
    (i) The Secretary of State shall require the use of 
14
ignition interlock
devices on all vehicles owned by an 
15
individual who has been convicted of a
second
or subsequent 
16
offense of this Section or a similar provision of a local

17
ordinance.  The Secretary shall establish by rule and regulation 
18
the procedures
for certification and use of the interlock 
19
system.


20
    (j) In addition to any other penalties and liabilities, a 
21
person who is
found guilty of or pleads guilty to violating 
22
subsection (a), including any
person placed on court 
23
supervision for violating subsection (a), shall be fined
$500, 
24
payable to the
circuit clerk, who shall distribute the money as 
25
follows: 20% to the law enforcement agency
that made the arrest 
26
and 80% shall be forwarded to the State Treasurer for deposit 
27
into the General Revenue Fund.  If the person has been 
28
previously convicted of violating
subsection (a) or a similar 
29
provision of a local
ordinance, the fine shall be
$1,000.  In 
30
the event that more than one agency is responsible
for the 
31
arrest, the amount payable to law enforcement agencies  shall be 
32
shared equally.  Any moneys received
by a law
enforcement agency 
33
under this subsection (j) shall be used to purchase law

34
enforcement equipment that will assist in the prevention of 
35
alcohol and drug related crime and any other act related to

36
alcohol related
criminal violence throughout the State.  This 
 


 






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1
shall include, but is not limited
to, in-car video cameras, 
2
radar and laser speed detection devices, any items used for 
3
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
4
moneys received by the Department of State Police under this 
5
subsection
(j) shall be deposited into the State Police DUI 
6
Fund and shall be used to
purchase law enforcement equipment 
7
that will assist in the prevention of alcohol and drug related 
8
crime and any other act related to
alcohol related criminal 
9
violence throughout the State.


10
    (k) The Secretary of State Police DUI Fund is created as a 
11
special
fund in the State treasury. All moneys received by the 
12
Secretary of State
Police under subsection (j) of this Section 
13
shall be deposited into the
Secretary of State Police DUI Fund 
14
and, subject to appropriation, shall be
used to purchase law 
15
enforcement equipment to assist in the prevention of alcohol 
16
and drug related crime and any other act related to
alcohol 
17
related criminal violence throughout the State.


18
    (l) Whenever an individual is sentenced for an offense 
19
based upon an
arrest for a violation of subsection (a) or a 
20
similar provision of a local
ordinance, and the professional 
21
evaluation recommends remedial or
rehabilitative treatment or 
22
education, neither the treatment nor the education
shall be the 
23
sole disposition and either or both may be imposed only in

24
conjunction with another disposition. The court shall monitor 
25
compliance with
any remedial education or treatment 
26
recommendations contained in the
professional evaluation. 
27
Programs conducting alcohol or other drug evaluation
or 
28
remedial education must be licensed by the Department of Human 
29
Services. If
the individual is not a resident of Illinois, 
30
however, the court may accept an
alcohol or other drug 
31
evaluation or remedial education program in the
individual's 
32
state of residence.  Programs providing treatment must be 
33
licensed
under existing applicable alcoholism and drug 
34
treatment licensure standards.

35
    (m) In addition to any other fine or penalty required by 
36
law, an individual
convicted of a violation of subsection (a), 
 


 






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


16
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
17
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
18
93-840, eff. 7-30-04; 94-116, eff. 1-1-06.)

 
19
    (Text of Section from P.A. 94-329)
20
    Sec. 11-501. Driving while under the influence of alcohol, 
21
other drug or
drugs, intoxicating compound or compounds or any 
22
combination thereof.


23
    (a) A person shall not drive or be in actual
physical 
24
control of any vehicle within this State while:


25
        (1) the alcohol concentration in the person's blood or 
26
    breath is 0.08
or more based on the definition of blood and 
27
    breath units in Section 11-501.2;


28
        (2) under the influence of alcohol;


29
        (3) under the influence of any intoxicating compound or 
30
    combination of
intoxicating compounds to a degree that 
31
    renders the person incapable of
driving safely;


32
        (4) under the influence of any other drug or 
33
    combination of drugs to a
degree that renders the person 
34
    incapable of safely driving;


35
        (5) under the combined influence of alcohol, other drug 
 


 






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1
    or drugs, or
intoxicating compound or compounds to a degree 
2
    that renders the person
incapable of safely driving; or


3
        (6) there is any amount of a drug, substance, or 
4
    compound in the
person's breath, blood, or urine resulting 
5
    from the unlawful use or consumption
of cannabis listed in 
6
    the Cannabis Control Act, a controlled substance listed
in 
7
    the Illinois Controlled Substances Act, or an intoxicating 
8
    compound listed
in the Use of Intoxicating Compounds Act.


9
    (b) The fact that any person charged with violating this 
10
Section is or
has been legally entitled to use alcohol, other 
11
drug or drugs, or
intoxicating compound or compounds, or any

12
combination thereof,  shall not constitute a defense against any 
13
charge of
violating this Section.


14
    (b-1) With regard to penalties imposed under this Section:

15
        (1) Any reference to a prior violation of subsection 
16
    (a) or a similar
provision includes any violation of a 
17
    provision of a local ordinance or a
provision of a law of 
18
    another state that is similar to a violation of
subsection 
19
    (a) of this Section.

20
        (2) Any penalty imposed for driving with a license that 
21
    has been revoked
for a previous violation of subsection (a) 
22
    of this Section shall be in
addition to the penalty imposed 
23
    for any subsequent violation of subsection (a).

24
    (b-2) Except as otherwise provided in this Section, any 
25
person convicted of
violating subsection (a) of this Section is 
26
guilty of a Class A misdemeanor.

27
    (b-3) In addition to any other criminal or administrative 
28
sanction for any
second conviction of violating subsection (a) 
29
or a similar provision committed
within 5 years of a previous 
30
violation of subsection (a) or a similar
provision, the 
31
defendant shall be sentenced to a mandatory minimum of 5 days 
32
of
imprisonment or assigned a mandatory minimum of 240 hours of 
33
community service
as may be determined by the court.

34
    (b-4) In the case of a third or subsequent violation 
35
committed within 5
years of a previous violation of subsection 
36
(a) or a similar provision, in
addition to any other criminal 
 


 






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1
or administrative sanction, a mandatory minimum
term of either 
2
10 days of imprisonment or 480 hours of community service shall

3
be imposed.

4
    (b-5) The imprisonment or assignment of community service 
5
under subsections
(b-3) and (b-4) shall not be subject to 
6
suspension, nor shall the person be
eligible for a reduced 
7
sentence.


8
    (c) (Blank).



9
    (c-1) (1) A person who violates subsection (a)

during
a 
10
    period in which his
or her driving privileges are revoked 
11
    or suspended, where the revocation or
suspension was for a 
12
    violation of subsection (a), Section
11-501.1, paragraph 
13
    (b)
of Section 11-401, or for reckless homicide as defined 
14
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
15
    aggravated driving under the influence of alcohol, other 
16
    drug or drugs, intoxicating compound or compounds, or any 
17
    combination thereof and is guilty of a
Class 4 felony.


18
        (2) A person who violates subsection (a) a third
time, 
19
    if the third violation occurs during a period in
which his 
20
    or her driving privileges are revoked or suspended where 
21
    the
revocation
or suspension was for a violation of 
22
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
23
    11-401, or for reckless homicide as defined in Section 9-3

24
    of the Criminal Code of 1961, is guilty of aggravated 
25
    driving under the influence of alcohol, other drug or 
26
    drugs, intoxicating compound or compounds, or any 
27
    combination thereof and is guilty of
a Class 3 felony.
28
        (2.1) A person who violates subsection (a) a third 
29
    time, if the third
violation occurs during a period in 
30
    which his or her driving privileges are
revoked or 
31
    suspended where the revocation or suspension was for a 
32
    violation of
subsection (a), Section 11-501.1, subsection 
33
    (b) of Section 11-401, or for
reckless homicide as defined 
34
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
35
    aggravated driving under the influence of alcohol, other 
36
    drug or drugs, intoxicating compound or compounds, or any 
 


 






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1
    combination thereof and is guilty of a Class 3 felony; and 
2
    if the
person receives a term of
probation or conditional 
3
    discharge, he or she shall be required to serve a
mandatory

4
    minimum of 10 days of imprisonment or shall be assigned a 
5
    mandatory minimum of
480 hours of community service, as may 
6
    be determined by the court, as a
condition of the probation 
7
    or conditional discharge. This mandatory minimum
term of 
8
    imprisonment or assignment of community service shall not 
9
    be suspended
or reduced by the court.

10
        (2.2) A person who violates subsection (a), if the

11
    violation occurs during a period in which his or her 
12
    driving privileges are
revoked or suspended where the 
13
    revocation or suspension was for a violation of
subsection 
14
    (a) or Section 11-501.1, is guilty of aggravated driving 
15
    under the influence of alcohol, other drug or drugs, 
16
    intoxicating compound or compounds, or any combination 
17
    thereof and shall also be sentenced to an additional

18
    mandatory minimum term of 30 consecutive days of 
19
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
20
    720 hours of community service, as may be
determined by the 
21
    court.  This mandatory term of imprisonment or assignment of

22
    community service shall  not be suspended or reduced by the 
23
    court.


24
        (3) A person who violates subsection (a) a fourth or

25
    subsequent time, if the fourth or subsequent violation 
26
    occurs
during a period in which his
or her driving 
27
    privileges are revoked or suspended where the revocation
or 
28
    suspension was for a violation of subsection (a),
Section 
29
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
30
    homicide as defined in
Section 9-3
of
the Criminal Code of 
31
    1961, is guilty of aggravated driving under the influence 
32
    of alcohol, other drug or drugs, intoxicating compound or 
33
    compounds, or any combination thereof and is guilty of
a 
34
    Class 2 felony, and is not eligible for a sentence of 
35
    probation or
conditional discharge.


36
    (c-2) (Blank).


 


 






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1
    (c-3) (Blank).



2
    (c-4) (Blank).

3
    (c-5) A person who violates subsection (a), if the person 
4
was transporting
a person under the age of 16 at the time of 
5
the violation, is subject to an
additional mandatory minimum 
6
fine of $1,000, an additional mandatory minimum
140 hours of 
7
community service, which shall include 40 hours of community

8
service in a program benefiting children, and an additional 2 
9
days of
imprisonment. The imprisonment or assignment of 
10
community service under this
subsection (c-5) is not subject to 
11
suspension, nor is the person eligible for
a reduced sentence.

12
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
13
person who
violates
subsection (a) a second time, if at the 
14
time of
the second violation the person was transporting a 
15
person under the age of 16,
is subject to an additional 10 days 
16
of imprisonment, an additional mandatory
minimum fine of 
17
$1,000, and an additional mandatory minimum 140 hours of

18
community service, which shall include 40 hours of community 
19
service in a
program benefiting children.
The imprisonment or 
20
assignment of community service under this subsection (c-6)
is 
21
not subject to suspension, nor is the person eligible for a 
22
reduced
sentence.

23
    (c-7) Except as provided in subsection (c-8), any person 
24
convicted of
violating subsection (c-6) or a similar
provision 
25
within 10 years of a previous violation of subsection (a) or a

26
similar provision shall receive, in addition to any other 
27
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
28
additional 40 hours of mandatory
community service in a program 
29
benefiting children, and a mandatory minimum
fine of $1,750. 
30
The imprisonment or assignment of community service under this

31
subsection (c-7) is not subject to suspension, nor is the 
32
person
eligible for a reduced sentence.

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


 






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1
of mandatory community service in a program benefiting

2
children, an additional mandatory minimum 12 days of 
3
imprisonment, and a
mandatory minimum fine of $1,750. The 
4
imprisonment or assignment of community
service under this 
5
subsection (c-8) is not subject to suspension, nor
is the

6
person eligible for a reduced sentence.

7
    (c-9) Any person convicted a third time for violating 
8
subsection (a) or a
similar provision, if at the time of the 
9
third violation the person was
transporting a person under the 
10
age of 16, is guilty of a Class 4 felony and shall
receive, in 
11
addition to any other
penalty imposed, an additional mandatory 
12
fine of $1,000, an additional
mandatory 140 hours of community 
13
service, which shall include 40 hours in a
program benefiting 
14
children, and a mandatory minimum 30 days of imprisonment.
The 
15
imprisonment or assignment of community service under this 
16
subsection (c-9)
is not subject to suspension, nor is the 
17
person eligible for a reduced
sentence.

18
    (c-10) Any person convicted of violating subsection (c-9) 
19
or a similar
provision a third time within 20 years of a 
20
previous violation of subsection
(a) or a
similar provision is 
21
guilty of a Class 4 felony and shall receive, in addition
to 
22
any other penalty imposed, an additional mandatory 40 hours of 
23
community
service in a program benefiting children, an 
24
additional mandatory fine of

$3,000, and a mandatory minimum 
25
120 days of imprisonment. The imprisonment or
assignment of 
26
community service under this subsection (c-10) is not subject 
27
to
suspension, nor is the person eligible for a reduced 
28
sentence.

29
    (c-11) Any person convicted a fourth or subsequent time for 
30
violating
subsection (a) or a similar provision, if at the time 
31
of the fourth or
subsequent violation the person was 
32
transporting a person under the age of 16,
and if the person's 
33
3 prior violations of subsection (a) or a similar provision

34
occurred while transporting a person under the age of 16 or 
35
while the alcohol
concentration in his or her blood, breath, or 
36
urine was 0.16 or more based
on the definition of blood, 
 


 






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1
breath, or urine units in Section 11-501.2, is
guilty of a 
2
Class 2 felony, is not eligible for probation or conditional

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

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

12
    (c-13) Any person convicted of a second violation of 
13
subsection (a) or a similar provision committed within 10 years 
14
of a previous violation of subsection (a) or a similar 
15
provision committed within 10 years of a previous violation of 
16
subsection (a) or a similar provision, if at the time of the 
17
second violation of subsection (a) the
alcohol concentration in 
18
his or her blood, breath, or urine was 0.16 or more
based on 
19
the definition of blood, breath, or urine units in Section 
20
11-501.2,
shall be
subject, in addition to any other penalty 
21
that may be imposed, to a mandatory
minimum of 2 days of 
22
imprisonment and a mandatory minimum fine of $1,250.

23
    (c-14) Any person convicted of a third violation of 
24
subsection (a) or a
similar provision within 20 years of a 
25
previous violation of subsection (a) or
a
similar provision, if 
26
at the time of the third violation of subsection (a) or a

27
similar provision the alcohol concentration in his or her 
28
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, is guilty of a Class 4 felony and shall be subject, 
31
in
addition to any other penalty that may be imposed, to a 
32
mandatory minimum of
90 days of imprisonment and a mandatory 
33
minimum fine of $2,500.

34
    (c-15) Any person convicted of a fourth or subsequent 
35
violation of
subsection
(a) or a similar provision, if at the 
36
time of the fourth or subsequent
violation 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, and if the person's 3 prior violations of 
4
subsection (a) or a
similar provision occurred while 
5
transporting a person under the age of 16 or
while the alcohol 
6
concentration in his or her blood, breath, or urine was 0.16
or 
7
more based on the definition of blood, breath, or urine units 
8
in Section
11-501.2, is guilty of a Class 2 felony and is not 
9
eligible for a sentence of
probation or conditional discharge 
10
and is subject to a minimum fine of
$2,500.


11
    (d) (1) Every person convicted of committing a violation of 
12
    this Section
shall be guilty of aggravated driving under 
13
    the influence of alcohol,
other drug or drugs, or 
14
    intoxicating compound or compounds, or any combination

15
    thereof if:


16
            (A) the person committed a violation of subsection 
17
        (a) or a similar
provision for the
third or subsequent 
18
        time;


19
            (B) the person committed a violation of subsection 
20
        (a)
while
driving a school bus with persons 18 years of 
21
        age or younger

on board;


22
            (C) the person in committing a violation of 
23
        subsection
(a) was
involved in a motor vehicle accident 
24
        that resulted in great bodily harm or
permanent 
25
        disability or disfigurement to another, when the 
26
        violation was
a proximate cause of the injuries;


27
            (D) the person committed a violation of subsection 
28
        (a)
for a
second time and has been previously convicted 
29
        of violating Section 9-3 of the
Criminal Code of 1961 
30
        or a similar provision of a law of another state 
31
        relating to reckless homicide in which the person was

32
        determined to have been under the influence of alcohol, 
33
        other drug or
drugs, or intoxicating compound or 
34
        compounds as an element of the offense or
the person 
35
        has previously been convicted
under subparagraph (C) 
36
        or subparagraph (F) of this paragraph (1);


 


 






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1
            (E) the person, in committing a violation of 
2
        subsection (a) while
driving at any speed in a school 
3
        speed zone at a time when a speed limit of
20 miles per 
4
        hour was in effect under subsection (a) of Section 
5
        11-605 of
this Code, was involved in a motor vehicle 
6
        accident that resulted in bodily
harm, other than great 
7
        bodily harm or permanent disability or disfigurement,

8
        to another person, when the violation of subsection (a) 
9
        was a
proximate cause
of the bodily harm; or


10
            (F) the person, in committing a violation of 
11
        subsection (a), was
involved in a motor vehicle, 
12
        snowmobile, all-terrain vehicle, or watercraft

13
        accident that resulted in
the death of another person, 
14
        when the violation of subsection
(a) was
a proximate 
15
        cause of the death;


16
            (G) the person committed the violation while he or 
17
        she did not possess a driver's license or permit or a 
18
        restricted driving permit or a judicial driving 
19
        permit; or

20
            (H) the person committed the violation while he or 
21
        she knew or should have known that the vehicle he or 
22
        she was driving was not covered by a liability 
23
        insurance policy.

24
        (2) Except as provided in this paragraph (2) and in 
25
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
26
    person convicted of
aggravated driving under
the
influence 
27
    of alcohol, other drug or
drugs,
or intoxicating compound 
28
    or compounds, or any
combination thereof is guilty of a 
29
    Class 4 felony.  For a violation of
subparagraph (C)
of

30
    paragraph (1) of this subsection (d), the defendant, if 
31
    sentenced to a term
of imprisonment, shall be sentenced
to 
32
    not less than
one year nor more than 12 years.
Aggravated 
33
    driving under the influence of alcohol, other drug or 
34
    drugs,
or intoxicating compound or compounds, or any 
35
    combination thereof as
defined in subparagraph (F) of 
36
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
 


 






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1
    for which the defendant, if sentenced to a term of

2
    imprisonment, shall be sentenced to: (A) a
term of 
3
    imprisonment of not less than 3 years and not more
than 14 
4
    years if the violation resulted in the death of one person; 
5
    or
(B) a term of imprisonment of not less than 6 years and 
6
    not
more than 28 years if the violation resulted in the 
7
    deaths of 2 or more
persons.
For any prosecution under this 
8
    subsection
(d), a certified copy of the
driving abstract of 
9
    the defendant shall be admitted as proof of any prior

10
    conviction.
Any person sentenced under this subsection (d) 
11
    who receives a term of
probation
or conditional discharge 
12
    must serve a minimum term of either 480 hours of
community 
13
    service or 10 days of imprisonment as a condition of the 
14
    probation or
conditional discharge. This mandatory minimum 
15
    term of imprisonment or
assignment of community service may 
16
    not be suspended or reduced by the court.


17
    (e) After a finding of guilt and prior to any final 
18
sentencing, or an
order for supervision, for an offense based 
19
upon an arrest for a
violation of this Section or a similar 
20
provision of a local ordinance,
individuals shall be required 
21
to undergo a professional evaluation to
determine if an 
22
alcohol, drug, or intoxicating compound abuse problem exists

23
and the
extent of the problem, and undergo the imposition of 
24
treatment as appropriate.
Programs conducting these 
25
evaluations shall be
licensed by the Department of Human 
26
Services.  The cost of any professional
evaluation shall be paid 
27
for by the
individual
required to undergo the professional 
28
evaluation.


29
    (e-1) Any person who is found guilty of or pleads guilty to 
30
violating this
Section, including any person receiving a 
31
disposition of court supervision for
violating this Section, 
32
may be required by the Court to attend a victim
impact panel 
33
offered by, or under contract with, a County State's Attorney's

34
office, a probation and court services department, Mothers 
35
Against Drunk
Driving,
or the Alliance Against Intoxicated 
36
Motorists.
All costs generated by
the victim impact panel shall 
 


 






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1
be paid from fees collected from the
offender or as may be 
2
determined by the court.


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


9
    (g) The Secretary of State shall revoke the driving 
10
privileges of any
person convicted under this Section or a 
11
similar provision of a local
ordinance.


12
    (h) (Blank).



13
    (i) The Secretary of State shall require the use of 
14
ignition interlock
devices on all vehicles owned by an 
15
individual who has been convicted of a
second
or subsequent 
16
offense of this Section or a similar provision of a local

17
ordinance.  The Secretary shall establish by rule and regulation 
18
the procedures
for certification and use of the interlock 
19
system.


20
    (j) In addition to any other penalties and liabilities, a 
21
person who is
found guilty of or pleads guilty to violating 
22
subsection (a), including any
person placed on court 
23
supervision for violating subsection (a), shall be fined
$500, 
24
payable to the
circuit clerk, who shall distribute the money as 
25
follows: 20% to the law enforcement agency
that made the arrest 
26
and 80% shall be forwarded to the State Treasurer for deposit 
27
into the General Revenue Fund.  If the person has been 
28
previously convicted of violating
subsection (a) or a similar 
29
provision of a local
ordinance, the fine shall be
$1,000.  In 
30
the event that more than one agency is responsible
for the 
31
arrest, the amount payable to law enforcement agencies  shall be 
32
shared equally.  Any moneys received
by a law
enforcement agency 
33
under this subsection (j) shall be used to purchase law

34
enforcement equipment that will assist in the prevention of 
35
alcohol and drug related crime and any other act related to

36
alcohol related
criminal violence throughout the State.  This 
 


 






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1
shall include, but is not limited
to, in-car video cameras, 
2
radar and laser speed detection devices, any items used for 
3
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
4
moneys received by the Department of State Police under this 
5
subsection
(j) shall be deposited into the State Police DUI 
6
Fund and shall be used to
purchase law enforcement equipment 
7
that will assist in the prevention of alcohol and drug related 
8
crime and any other act related to
alcohol related criminal 
9
violence throughout the State.


10
    (k) The Secretary of State Police DUI Fund is created as a 
11
special
fund in the State treasury. All moneys received by the 
12
Secretary of State
Police under subsection (j) of this Section 
13
shall be deposited into the
Secretary of State Police DUI Fund 
14
and, subject to appropriation, shall be
used to purchase law 
15
enforcement equipment to assist in the prevention of alcohol 
16
and drug related crime and any other act related to
alcohol 
17
related criminal violence throughout the State.


18
    (l) Whenever an individual is sentenced for an offense 
19
based upon an
arrest for a violation of subsection (a) or a 
20
similar provision of a local
ordinance, and the professional 
21
evaluation recommends remedial or
rehabilitative treatment or 
22
education, neither the treatment nor the education
shall be the 
23
sole disposition and either or both may be imposed only in

24
conjunction with another disposition. The court shall monitor 
25
compliance with
any remedial education or treatment 
26
recommendations contained in the
professional evaluation. 
27
Programs conducting alcohol or other drug evaluation
or 
28
remedial education must be licensed by the Department of Human 
29
Services. If
the individual is not a resident of Illinois, 
30
however, the court may accept an
alcohol or other drug 
31
evaluation or remedial education program in the
individual's 
32
state of residence.  Programs providing treatment must be 
33
licensed
under existing applicable alcoholism and drug 
34
treatment licensure standards.

35
    (m) In addition to any other fine or penalty required by 
36
law, an individual
convicted of a violation of subsection (a), 
 


 






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


16
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
17
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
18
93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)

 
19
    (Text of Section from P.A. 94-609)
20
    Sec. 11-501. Driving while under the influence of alcohol, 
21
other drug or
drugs, intoxicating compound or compounds or any 
22
combination thereof.


23
    (a) A person shall not drive or be in actual
physical 
24
control of any vehicle within this State while:


25
        (1) the alcohol concentration in the person's blood or 
26
    breath is 0.08
or more based on the definition of blood and 
27
    breath units in Section 11-501.2;


28
        (2) under the influence of alcohol;


29
        (3) under the influence of any intoxicating compound or 
30
    combination of
intoxicating compounds to a degree that 
31
    renders the person incapable of
driving safely;


32
        (4) under the influence of any other drug or 
33
    combination of drugs to a
degree that renders the person 
34
    incapable of safely driving;


35
        (5) under the combined influence of alcohol, other drug 
 


 






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1
    or drugs, or
intoxicating compound or compounds to a degree 
2
    that renders the person
incapable of safely driving; or


3
        (6) there is any amount of a drug, substance, or 
4
    compound in the
person's breath, blood, or urine resulting 
5
    from the unlawful use or consumption
of cannabis listed in 
6
    the Cannabis Control Act, a controlled substance listed
in 
7
    the Illinois Controlled Substances Act, or an intoxicating 
8
    compound listed
in the Use of Intoxicating Compounds Act.


9
    (b) The fact that any person charged with violating this 
10
Section is or
has been legally entitled to use alcohol, other 
11
drug or drugs, or
intoxicating compound or compounds, or any

12
combination thereof,  shall not constitute a defense against any 
13
charge of
violating this Section.


14
    (b-1) With regard to penalties imposed under this Section:

15
        (1) Any reference to a prior violation of subsection 
16
    (a) or a similar
provision includes any violation of a 
17
    provision of a local ordinance or a
provision of a law of 
18
    another state that is similar to a violation of
subsection 
19
    (a) of this Section.

20
        (2) Any penalty imposed for driving with a license that 
21
    has been revoked
for a previous violation of subsection (a) 
22
    of this Section shall be in
addition to the penalty imposed 
23
    for any subsequent violation of subsection (a).

24
    (b-2) Except as otherwise provided in this Section, any 
25
person convicted of
violating subsection (a) of this Section is 
26
guilty of a Class A misdemeanor.

27
    (b-3) In addition to any other criminal or administrative 
28
sanction for any
second conviction of violating subsection (a) 
29
or a similar provision committed
within 5 years of a previous 
30
violation of subsection (a) or a similar
provision, the 
31
defendant shall be sentenced to a mandatory minimum of 5 days 
32
of
imprisonment or assigned a mandatory minimum of 240 hours of 
33
community service
as may be determined by the court.

34
    (b-4) In the case of a third or subsequent violation 
35
committed within 5
years of a previous violation of subsection 
36
(a) or a similar provision, in
addition to any other criminal 
 


 






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1
or administrative sanction, a mandatory minimum
term of either 
2
10 days of imprisonment or 480 hours of community service shall

3
be imposed.

4
    (b-5) The imprisonment or assignment of community service 
5
under subsections
(b-3) and (b-4) shall not be subject to 
6
suspension, nor shall the person be
eligible for a reduced 
7
sentence.


8
    (c) (Blank).



9
    (c-1) (1) A person who violates subsection (a)

during
a 
10
    period in which his
or her driving privileges are revoked 
11
    or suspended, where the revocation or
suspension was for a 
12
    violation of subsection (a), Section
11-501.1, paragraph 
13
    (b)
of Section 11-401, or for reckless homicide as defined 
14
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

15
    Class 4 felony.


16
        (2) A person who violates subsection (a) a third
time, 
17
    if the third violation occurs during a period in
which his 
18
    or her driving privileges are revoked or suspended where 
19
    the
revocation
or suspension was for a violation of 
20
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
21
    11-401, or for reckless homicide as defined in Section 9-3

22
    of the Criminal Code of 1961, is guilty of
a Class 3 
23
    felony.
24
        (2.1) A person who violates subsection (a) a third 
25
    time, if the third
violation occurs during a period in 
26
    which his or her driving privileges are
revoked or 
27
    suspended where the revocation or suspension was for a 
28
    violation of
subsection (a), Section 11-501.1, subsection 
29
    (b) of Section 11-401, or for
reckless homicide as defined 
30
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
31
    Class 3 felony; and if the
person receives a term of

32
    probation or conditional discharge, he or she shall be 
33
    required to serve a
mandatory
minimum of 10 days of 
34
    imprisonment or shall be assigned a mandatory minimum of

35
    480 hours of community service, as may be determined by the 
36
    court, as a
condition of the probation or conditional 
 


 






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

4
        (2.2) A person who violates subsection (a), if the

5
    violation occurs during a period in which his or her 
6
    driving privileges are
revoked or suspended where the 
7
    revocation or suspension was for a violation of
subsection 
8
    (a) or Section 11-501.1, shall also be sentenced to an 
9
    additional
mandatory minimum term of 30 consecutive days of 
10
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
11
    720 hours of community service, as may be
determined by the 
12
    court.  This mandatory term of imprisonment or assignment of

13
    community service shall  not be suspended or reduced by the 
14
    court.


15
        (3) A person who violates subsection (a) a fourth or

16
    subsequent time, if the fourth or subsequent violation 
17
    occurs
during a period in which his
or her driving 
18
    privileges are revoked or suspended where the revocation
or 
19
    suspension was for a violation of subsection (a),
Section 
20
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
21
    homicide as defined in
Section 9-3
of
the Criminal Code of 
22
    1961, is guilty of
a Class 2 felony and is not eligible for 
23
    a sentence of probation or
conditional discharge.


24
    (c-2) (Blank).


25
    (c-3) (Blank).



26
    (c-4) (Blank).

27
    (c-5) A person who violates subsection (a), if the person 
28
was transporting
a person under the age of 16 at the time of 
29
the violation, is subject to an
additional mandatory minimum 
30
fine of $1,000, an additional mandatory minimum
140 hours of 
31
community service, which shall include 40 hours of community

32
service in a program benefiting children, and an additional 2 
33
days of
imprisonment. The imprisonment or assignment of 
34
community service under this
subsection (c-5) is not subject to 
35
suspension, nor is the person eligible for
a reduced sentence.

36
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
 


 






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

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

11
    (c-7) Except as provided in subsection (c-8), any person 
12
convicted of
violating subsection (c-6) or a similar
provision 
13
within 10 years of a previous violation of subsection (a) or a

14
similar provision shall receive, in addition to any other 
15
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
16
additional 40 hours of mandatory
community service in a program 
17
benefiting children, and a mandatory minimum
fine of $1,750. 
18
The imprisonment or assignment of community service under this

19
subsection (c-7) is not subject to suspension, nor is the 
20
person
eligible for a reduced sentence.

21
    (c-8) Any person convicted of violating subsection (c-6) or 
22
a similar
provision within 5 years of a previous violation of 
23
subsection (a) or a similar
provision shall receive, in 
24
addition to any other penalty imposed, an
additional 80 hours 
25
of mandatory community service in a program benefiting

26
children, an additional mandatory minimum 12 days of 
27
imprisonment, and a
mandatory minimum fine of $1,750. The 
28
imprisonment or assignment of community
service under this 
29
subsection (c-8) is not subject to suspension, nor
is the

30
person eligible for a reduced sentence.

31
    (c-9) Any person convicted a third time for violating 
32
subsection (a) or a
similar provision, if at the time of the 
33
third violation the person was
transporting a person under the 
34
age of 16, is guilty of a Class 4 felony and shall
receive, in 
35
addition to any other
penalty imposed, an additional mandatory 
36
fine of $1,000, an additional
mandatory 140 hours of community 
 


 






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1
service, which shall include 40 hours in a
program benefiting 
2
children, and a mandatory minimum 30 days of imprisonment.
The 
3
imprisonment or assignment of community service under this 
4
subsection (c-9)
is not subject to suspension, nor is the 
5
person eligible for a reduced
sentence.

6
    (c-10) Any person convicted of violating subsection (c-9) 
7
or a similar
provision a third time within 20 years of a 
8
previous violation of subsection
(a) or a
similar provision is 
9
guilty of a Class 4 felony and shall receive, in addition
to 
10
any other penalty imposed, an additional mandatory 40 hours of 
11
community
service in a program benefiting children, an 
12
additional mandatory fine of

$3,000, and a mandatory minimum 
13
120 days of imprisonment. The imprisonment or
assignment of 
14
community service under this subsection (c-10) is not subject 
15
to
suspension, nor is the person eligible for a reduced 
16
sentence.

17
    (c-11) Any person convicted a fourth or subsequent time for 
18
violating
subsection (a) or a similar provision, if at the time 
19
of the fourth or
subsequent violation the person was 
20
transporting a person under the age of 16,
and if the person's 
21
3 prior violations of subsection (a) or a similar provision

22
occurred while transporting a person under the age of 16 or 
23
while the alcohol
concentration in his or her blood, breath, or 
24
urine was 0.16 or more based
on the definition of blood, 
25
breath, or urine units in Section 11-501.2, is
guilty of a 
26
Class 2 felony, is not eligible for probation or conditional

27
discharge, and is subject to a minimum fine of $3,000.

28
    (c-12) Any person convicted of a first violation of 
29
subsection (a) or a
similar provision, if the alcohol 
30
concentration in his or her blood, breath, or
urine was 0.16 or 
31
more based on the definition of blood, breath, or urine
units 
32
in Section 11-501.2, shall be subject, in addition to any other 
33
penalty
that may be imposed, to a mandatory minimum of 100 
34
hours of community service
and a mandatory minimum fine of 
35
$500.

36
    (c-13) Any person convicted of a second violation of 
 


 






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

11
    (c-14) Any person convicted of a third violation of 
12
subsection (a) or a
similar provision within 20 years of a 
13
previous violation of subsection (a) or
a
similar provision, if 
14
at the time of the third violation of subsection (a) or a

15
similar provision the alcohol concentration in his or her 
16
blood, breath, or
urine was 0.16 or more based on the 
17
definition of blood, breath, or urine units
in Section 
18
11-501.2, is guilty of a Class 4 felony and shall be subject, 
19
in
addition to any other penalty that may be imposed, to a 
20
mandatory minimum of
90 days of imprisonment and a mandatory 
21
minimum fine of $2,500.

22
    (c-15) Any person convicted of a fourth or subsequent 
23
violation of
subsection
(a) or a similar provision, if at the 
24
time of the fourth or subsequent
violation the alcohol 
25
concentration in his or her blood, breath, or urine was
0.16 or 
26
more based on the definition of blood, breath, or urine units 
27
in
Section 11-501.2, and if the person's 3 prior violations of 
28
subsection (a) or a
similar provision occurred while 
29
transporting a person under the age of 16 or
while the alcohol 
30
concentration in his or her blood, breath, or urine was 0.16
or 
31
more based on the definition of blood, breath, or urine units 
32
in Section
11-501.2, is guilty of a Class 2 felony and is not 
33
eligible for a sentence of
probation or conditional discharge 
34
and is subject to a minimum fine of
$2,500.


35
    (d) (1) Every person convicted of committing a violation of 
36
    this Section
shall be guilty of aggravated driving under 
 


 






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1
    the influence of alcohol,
other drug or drugs, or 
2
    intoxicating compound or compounds, or any combination

3
    thereof if:


4
            (A) the person committed a violation of subsection 
5
        (a) or a similar
provision for the
third or subsequent 
6
        time;


7
            (B) the person committed a violation of subsection 
8
        (a)
while
driving a school bus with persons 18 years of 
9
        age or younger

on board;


10
            (C) the person in committing a violation of 
11
        subsection
(a) was
involved in a motor vehicle accident 
12
        that resulted in great bodily harm or
permanent 
13
        disability or disfigurement to another, when the 
14
        violation was
a proximate cause of the injuries;


15
            (D) the person committed a violation of subsection 
16
        (a)
for a
second time and has been previously convicted 
17
        of violating Section 9-3 of the
Criminal Code of 1961 
18
        or a similar provision of a law of another state 
19
        relating to reckless homicide in which the person was

20
        determined to have been under the influence of alcohol, 
21
        other drug or
drugs, or intoxicating compound or 
22
        compounds as an element of the offense or
the person 
23
        has previously been convicted
under subparagraph (C) 
24
        or subparagraph (F) of this paragraph (1);


25
            (E) the person, in committing a violation of 
26
        subsection (a) while
driving at any speed in a school 
27
        speed zone at a time when a speed limit of
20 miles per 
28
        hour was in effect under subsection (a) of Section 
29
        11-605 of
this Code, was involved in a motor vehicle 
30
        accident that resulted in bodily
harm, other than great 
31
        bodily harm or permanent disability or disfigurement,

32
        to another person, when the violation of subsection (a) 
33
        was a
proximate cause
of the bodily harm; or


34
            (F) the person, in committing a violation of 
35
        subsection (a), was
involved in a motor vehicle, 
36
        snowmobile, all-terrain vehicle, or watercraft

 


 






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1
        accident that resulted in
the death of another person, 
2
        when the violation of subsection
(a) was
a proximate 
3
        cause of the death.


4
        (2) Except as provided in this paragraph (2), a person 
5
    convicted of
aggravated driving under
the
influence of 
6
    alcohol, other drug or
drugs,
or intoxicating compound or 
7
    compounds, or any
combination thereof is guilty of a Class 
8
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
9
    (1) of this subsection (d), the defendant, if sentenced to 
10
    a term
of imprisonment, shall be sentenced
to not less than

11
    one year nor more than 12 years.
Aggravated driving under 
12
    the influence of alcohol, other drug or drugs,
or 
13
    intoxicating compound or compounds, or any combination 
14
    thereof as
defined in subparagraph (F) of paragraph (1) of 
15
    this subsection (d) is
a Class 2 felony, for which the 
16
    defendant, unless the court determines that extraordinary 
17
    circumstances exist and require probation, shall be 
18
    sentenced to: (A) a
term of imprisonment of not less than 3 
19
    years and not more
than 14 years if the violation resulted 
20
    in the death of one person; or
(B) a term of imprisonment 
21
    of not less than 6 years and not
more than 28 years if the 
22
    violation resulted in the deaths of 2 or more
persons.
For 
23
    any prosecution under this subsection
(d), a certified copy 
24
    of the
driving abstract of the defendant shall be admitted 
25
    as proof of any prior
conviction.
Any person sentenced 
26
    under this subsection (d) who receives a term of
probation

27
    or conditional discharge must serve a minimum term of 
28
    either 480 hours of
community service or 10 days of 
29
    imprisonment as a condition of the probation or
conditional 
30
    discharge. This mandatory minimum term of imprisonment or

31
    assignment of community service may not be suspended or 
32
    reduced by the court.


33
    (e) After a finding of guilt and prior to any final 
34
sentencing, or an
order for supervision, for an offense based 
35
upon an arrest for a
violation of this Section or a similar 
36
provision of a local ordinance,
individuals shall be required 
 


 






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1
to undergo a professional evaluation to
determine if an 
2
alcohol, drug, or intoxicating compound abuse problem exists

3
and the
extent of the problem, and undergo the imposition of 
4
treatment as appropriate.
Programs conducting these 
5
evaluations shall be
licensed by the Department of Human 
6
Services.  The cost of any professional
evaluation shall be paid 
7
for by the
individual
required to undergo the professional 
8
evaluation.


9
    (e-1) Any person who is found guilty of or pleads guilty to 
10
violating this
Section, including any person receiving a 
11
disposition of court supervision for
violating this Section, 
12
may be required by the Court to attend a victim
impact panel 
13
offered by, or under contract with, a County State's Attorney's

14
office, a probation and court services department, Mothers 
15
Against Drunk
Driving,
or the Alliance Against Intoxicated 
16
Motorists.
All costs generated by
the victim impact panel shall 
17
be paid from fees collected from the
offender or as may be 
18
determined by the court.


19
    (f) Every person found guilty of violating this Section, 
20
whose
operation of a motor vehicle while in violation of this 
21
Section proximately
caused any incident resulting in an 
22
appropriate emergency response, shall
be liable for the expense 
23
of an emergency response as provided under
Section 5-5-3 of the 
24
Unified Code of Corrections.


25
    (g) The Secretary of State shall revoke the driving 
26
privileges of any
person convicted under this Section or a 
27
similar provision of a local
ordinance.


28
    (h) (Blank).



29
    (i) The Secretary of State shall require the use of 
30
ignition interlock
devices on all vehicles owned by an 
31
individual who has been convicted of a
second
or subsequent 
32
offense of this Section or a similar provision of a local

33
ordinance.  The Secretary shall establish by rule and regulation 
34
the procedures
for certification and use of the interlock 
35
system.


36
    (j) In addition to any other penalties and liabilities, a 
 


 






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1
person who is
found guilty of or pleads guilty to violating 
2
subsection (a), including any
person placed on court 
3
supervision for violating subsection (a), shall be fined
$500, 
4
payable to the
circuit clerk, who shall distribute the money as 
5
follows: 20% to the law enforcement agency
that made the arrest 
6
and 80% shall be forwarded to the State Treasurer for deposit 
7
into the General Revenue Fund.  If the person has been 
8
previously convicted of violating
subsection (a) or a similar 
9
provision of a local
ordinance, the fine shall be
$1,000.  In 
10
the event that more than one agency is responsible
for the 
11
arrest, the amount payable to law enforcement agencies  shall be 
12
shared equally.  Any moneys received
by a law
enforcement agency 
13
under this subsection (j) shall be used to purchase law

14
enforcement equipment that will assist in the prevention of 
15
alcohol and drug related crime and any other act related to

16
alcohol related
criminal violence throughout the State.  This 
17
shall include, but is not limited
to, in-car video cameras, 
18
radar and laser speed detection devices, any items used for 
19
alcohol testing, and vehicles
and alcohol
breath testers.
Any 
20
moneys received by the Department of State Police under this 
21
subsection
(j) shall be deposited into the State Police DUI 
22
Fund and shall be used to
purchase law enforcement equipment 
23
that will assist in the prevention of alcohol and drug related 
24
crime and any other act related to
alcohol related criminal 
25
violence throughout the State.


26
    (k) The Secretary of State Police DUI Fund is created as a 
27
special
fund in the State treasury. All moneys received by the 
28
Secretary of State
Police under subsection (j) of this Section 
29
shall be deposited into the
Secretary of State Police DUI Fund 
30
and, subject to appropriation, shall be
used to purchase law 
31
enforcement equipment to assist in the prevention of alcohol 
32
and drug related crime and any other act related to
alcohol 
33
related criminal violence throughout the State.


34
    (l) Whenever an individual is sentenced for an offense 
35
based upon an
arrest for a violation of subsection (a) or a 
36
similar provision of a local
ordinance, and the professional 
 


 






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1
evaluation recommends remedial or
rehabilitative treatment or 
2
education, neither the treatment nor the education
shall be the 
3
sole disposition and either or both may be imposed only in

4
conjunction with another disposition. The court shall monitor 
5
compliance with
any remedial education or treatment 
6
recommendations contained in the
professional evaluation. 
7
Programs conducting alcohol or other drug evaluation
or 
8
remedial education must be licensed by the Department of Human 
9
Services. If
the individual is not a resident of Illinois, 
10
however, the court may accept an
alcohol or other drug 
11
evaluation or remedial education program in the
individual's 
12
state of residence.  Programs providing treatment must be 
13
licensed
under existing applicable alcoholism and drug 
14
treatment licensure standards.

15
    (m) In addition to any other fine or penalty required by 
16
law, an individual
convicted of a violation of subsection (a), 
17
Section 5-7 of the Snowmobile
Registration and Safety Act, 
18
Section 5-16 of the Boat Registration and Safety
Act, or a 
19
similar provision, whose operation of a motor vehicle, 
20
snowmobile, or
watercraft while in
violation of subsection (a), 
21
Section 5-7 of the Snowmobile Registration and
Safety Act, 
22
Section 5-16 of the Boat Registration and Safety Act, or a 
23
similar
provision proximately caused an incident resulting in 
24
an appropriate emergency
response, shall be required to make 
25
restitution to a public agency for the
costs of that emergency 
26
response. The restitution may not exceed $1,000 per
public 
27
agency for each emergency response. As used in this subsection 
28
(m),
"emergency response" means any incident requiring a 
29
response by a police
officer, a firefighter carried on the 
30
rolls of a regularly constituted fire
department, or an 
31
ambulance.


32
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
33
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
34
93-840, eff. 7-30-04; 94-609, eff. 1-1-06.)

 
35
    Section 95. No acceleration or delay. Where this Act makes 
 


 






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1
changes in a
statute that is represented in this Act by text 
2
that is not yet or no longer in
effect (for example, a Section 
3
represented by multiple versions), the use of
that text does 
4
not accelerate or delay the taking effect of (i) the changes

5
made by this Act or (ii) provisions derived from any other 
6
Public Act.

 

7
    Section 99. Effective date. This Act takes effect upon 
8
becoming law.