HB0247 Engrossed

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1
    AN ACT concerning transportation.

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


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

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


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


16
        (2) under the influence of alcohol;


17
        (3) under the influence of any intoxicating compound or 
18
    combination of
intoxicating compounds to a degree that 
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 
 


 






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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.

 


 






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1
    (b-3) In addition to any other criminal or administrative 
2
sanction for any
second conviction of violating subsection (a) 
3
or a similar provision committed
within 5 years of a previous 
4
violation of subsection (a) or a similar
provision, the 
5
defendant shall be sentenced to a mandatory minimum of 5 days 
6
of
imprisonment or assigned a mandatory minimum of 240 hours of 
7
community service
as may be determined by the court.

8
    (b-4) In the case of a third or subsequent violation 
9
committed within 5
years of a previous violation of subsection 
10
(a) or a similar provision, in
addition to any other criminal 
11
or administrative sanction, a mandatory minimum
term of either 
12
10 days of imprisonment or 480 hours of community service shall

13
be imposed.

14
    (b-5) The imprisonment or assignment of community service 
15
under subsections
(b-3) and (b-4) shall not be subject to 
16
suspension, nor shall the person be
eligible for a reduced 
17
sentence.


18
    (c) (Blank).



19
    (c-1) (1) A person who violates subsection (a)

during
a 
20
    period in which his
or her driving privileges are revoked 
21
    or suspended, where the revocation or
suspension was for a 
22
    violation of subsection (a), Section
11-501.1, paragraph 
23
    (b)
of Section 11-401, or for reckless homicide as defined 
24
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

25
    Class 4 felony.


26
        (2) A person who violates subsection (a) a third
time, 
 


 






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

6
    of the Criminal Code of 1961, is guilty of
a Class 3 
7
    felony; and if the
person receives a term of
probation or 
8
    conditional discharge, he or she shall be required to serve 
9
    a
mandatory
minimum of 10 days of imprisonment or shall be 
10
    assigned a mandatory minimum of
480 hours of community 
11
    service, as may be determined by the court, as a
condition 
12
    of the probation or conditional discharge. This mandatory 
13
    minimum
term of imprisonment or assignment of community 
14
    service shall not be suspended
or reduced by the court.

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

16
    violation occurs during a period in which his or her 
17
    driving privileges are
revoked or suspended where the 
18
    revocation or suspension was for a violation of
subsection 
19
    (a) or Section 11-501.1, shall also be sentenced to an 
20
    additional
mandatory minimum term of 30 consecutive days of 
21
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
22
    720 hours of community service, as may be
determined by the 
23
    court.  This mandatory term of imprisonment or assignment of

24
    community service shall  not be suspended or reduced by the 
25
    court.


26
        (3) A person who violates subsection (a) a fourth or

 


 






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    subsequent time, if the fourth or subsequent violation 
2
    occurs
during a period in which his
or her driving 
3
    privileges are revoked or suspended where the revocation
or 
4
    suspension was for a violation of subsection (a),
Section 
5
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
6
    homicide as defined in
Section 9-3
of
the Criminal Code of 
7
    1961, is guilty of
a Class 2 felony and is not eligible for 
8
    a sentence of probation or
conditional discharge.


9
    (c-2) (Blank).


10
    (c-3) (Blank).



11
    (c-4) (Blank).

12
    (c-5)(1) A person who violates subsection (a), if the 
13
    person was transporting
a person under the age of 16 at the 
14
    time of the violation, is subject to an
additional 
15
    mandatory minimum fine of $1,000, an additional mandatory 
16
    minimum
140 hours of community service, which shall include 
17
    40 hours of community
service in a program benefiting 
18
    children, and an additional 2 days of
imprisonment. The 
19
    imprisonment or assignment of community service under this 
20
    subdivision (c-5)(1) is not subject to suspension, nor is 
21
    the person eligible for
a reduced sentence.

22
        (2) Except as provided in subdivisions (c-5)(3) and 
23
    (c-5)(4) a person who
violates
subsection (a) a second 
24
    time, if at the time of
the second violation the person was 
25
    transporting a person under the age of 16,
is subject to an 
26
    additional 10 days of imprisonment, an additional 
 


 






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    mandatory
minimum fine of $1,000, and an additional 
2
    mandatory minimum 140 hours of
community service, which 
3
    shall include 40 hours of community service in a
program 
4
    benefiting children.
The imprisonment or assignment of 
5
    community service under this subdivision (c-5)(2)

is not 
6
    subject to suspension, nor is the person eligible for a 
7
    reduced
sentence. If the person was transporting a 
8
    passenger under the age of 16 years at the time of the 
9
    first violation and at the time of the second violation, 
10
    the person is guilty of a Class 4 felony.


11
        (3) Except as provided in subdivision (c-5)(4), any 
12
    person convicted of
violating subdivision (c-5)(2) or a 
13
    similar
provision within 10 years of a previous violation 
14
    of subsection (a) or a
similar provision shall receive, in 
15
    addition to any other penalty imposed, a
mandatory minimum 
16
    12 days imprisonment, an additional 40 hours of mandatory

17
    community service in a program benefiting children, and a 
18
    mandatory minimum
fine of $1,750. The imprisonment or 
19
    assignment of community service under this subdivision 
20
    (c-5)(3) is not subject to suspension, nor is the person

21
    eligible for a reduced sentence. If the person was 
22
    transporting a passenger under the age of 16 years at the 
23
    time of the first violation and at the time of the second 
24
    violation, the person is guilty of a Class 4 felony.

25
        (4) Any person convicted of violating subdivision 
26
    (c-5)(2) or a similar
provision within 5 years of a 
 


 






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1
    previous violation of subsection (a) or a similar
provision 
2
    shall receive, in addition to any other penalty imposed, an

3
    additional 80 hours of mandatory community service in a 
4
    program benefiting
children, an additional mandatory 
5
    minimum 12 days of imprisonment, and a
mandatory minimum 
6
    fine of $1,750. The imprisonment or assignment of community

7
    service under this subdivision (c-5)(4)

is not subject to 
8
    suspension, nor
is the
person eligible for a reduced 
9
    sentence. If the person was transporting a passenger under 
10
    the age of 16 years at the time of the first violation and 
11
    at the time of the second violation, the person is guilty 
12
    of a Class 4 felony.

13
        (5) Any person convicted a third time for violating 
14
    subsection (a) or a
similar provision, if at the time of 
15
    the third violation the person was
transporting a person 
16
    under the age of 16, is guilty of a Class 4 felony and 
17
    shall
receive, in addition to any other
penalty imposed, an 
18
    additional mandatory fine of $1,000, an additional

19
    mandatory 140 hours of community service, which shall 
20
    include 40 hours in a
program benefiting children, and a 
21
    mandatory minimum 30 days of imprisonment.
The 
22
    imprisonment or assignment of community service under this 
23
    subdivision (c-5)(5)

is not subject to suspension, nor is 
24
    the person eligible for a reduced
sentence.

25
        (6) Any person convicted of violating subdivision 
26
    (c-5)(5) or a similar
provision a third time within 20 
 


 






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

2
    similar provision is guilty of a Class 4 felony and shall 
3
    receive, in addition
to any other penalty imposed, an 
4
    additional mandatory 40 hours of community
service in a 
5
    program benefiting children, an additional mandatory fine 
6
    of
$3,000, and a mandatory minimum 120 days of 
7
    imprisonment. The imprisonment or
assignment of community 
8
    service under this subdivision (c-5)(6) is not subject to

9
    suspension, nor is the person eligible for a reduced 
10
    sentence.

11
        (7) Any person convicted a fourth or subsequent time 
12
    for violating
subsection (a) or a similar provision, if at 
13
    the time of the fourth or
subsequent violation the person 
14
    was transporting a person under the age of 16,
and if the 
15
    person's 3 prior violations of subsection (a) or a
similar 
16
    provision
occurred while transporting a person under the 
17
    age of 16 or while the alcohol
concentration in his or her 
18
    blood, breath, or urine was 0.16 or more based
on the 
19
    definition of blood, breath, or urine units in Section 
20
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
21
    for probation or conditional
discharge, and is subject to a 
22
    minimum fine of $3,000.

23
    (c-6)(1) Any person convicted of a first violation of 
24
    subsection (a) or a
similar provision, if the alcohol 
25
    concentration in his or her blood, breath, or
urine was 
26
    0.16 or more based on the definition of blood, breath, or 
 


 






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

5
        (2) Any person convicted of a second violation of 
6
    subsection (a) or a similar provision committed within 10 
7
    years of a previous violation of subsection (a) or a 
8
    similar provision, if at the time of the second violation 
9
    of subsection (a) or a similar provision the
alcohol 
10
    concentration in his or her blood, breath, or urine was 
11
    0.16 or more
based on the definition of blood, breath, or 
12
    urine units in Section 11-501.2,
shall be
subject, in 
13
    addition to any other penalty that may be imposed, to a 
14
    mandatory
minimum of 2 days of imprisonment and a mandatory 
15
    minimum fine of $1,250.

16
        (3) Any person convicted of a third violation of 
17
    subsection (a) or a
similar provision within 20 years of a 
18
    previous violation of subsection (a) or
a
similar 
19
    provision, if at the time of the third violation of 
20
    subsection (a) or a
similar provision the alcohol 
21
    concentration in his or her blood, breath, or
urine was 
22
    0.16 or more based on the definition of blood, breath, or 
23
    urine units
in Section 11-501.2, is guilty of a Class 4 
24
    felony and shall be subject, in
addition to any other 
25
    penalty that may be imposed, to a mandatory minimum of
90 
26
    days of imprisonment and a mandatory minimum fine of 
 


 






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1
    $2,500.

2
        (4) Any person convicted of a fourth or subsequent 
3
    violation of
subsection
(a) or a similar provision, if at 
4
    the time of the fourth or subsequent
violation 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, and if the person's 3 
8
    prior violations of subsection (a) or a
similar provision 
9
    occurred while transporting a person under the age of 16 or

10
    while the alcohol concentration in his or her blood, 
11
    breath, or urine was 0.16
or more based on the definition 
12
    of blood, breath, or urine units in Section
11-501.2, is 
13
    guilty of a Class 2 felony and is not eligible for a 
14
    sentence of
probation or conditional discharge and is 
15
    subject to a minimum fine of
$2,500.


16
    (d) (1) Every person convicted of committing a violation of 
17
    this Section
shall be guilty of aggravated driving under 
18
    the influence of alcohol,
other drug or drugs, or 
19
    intoxicating compound or compounds, or any combination

20
    thereof if:


21
            (A) the person committed a violation of subsection 
22
        (a) or a similar
provision for the
third or subsequent 
23
        time;


24
            (B) the person committed a violation of subsection 
25
        (a)
while
driving a school bus with persons 18 years of 
26
        age or younger

on board;


 


 






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1
            (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, 
 


 






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1
        snowmobile, all-terrain vehicle, or watercraft

2
        accident that resulted in
the death of another person, 
3
        when the violation of subsection
(a) was
a proximate 
4
        cause of the death.


5
        (2) Except as provided in this paragraph (2), a person 
6
    convicted of
aggravated driving under
the
influence of 
7
    alcohol, other drug or
drugs,
or intoxicating compound or 
8
    compounds, or any
combination thereof is guilty of a Class 
9
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
10
    (1) of this subsection (d), the defendant, if sentenced to 
11
    a term
of imprisonment, shall be sentenced
to not less than

12
    one year nor more than 12 years.
Aggravated driving under 
13
    the influence of alcohol, other drug or drugs,
or 
14
    intoxicating compound or compounds, or any combination 
15
    thereof as
defined in subparagraph (F) of paragraph (1) of 
16
    this subsection (d) is
a Class 2 felony, for which the 
17
    defendant, if sentenced to a term of
imprisonment, 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

 


 






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    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 
 


 






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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 
 


 






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


 






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1
not limited to the

purchase of law enforcement equipment and 
2
commodities that will assist in the prevention of
alcohol 
3
related criminal violence throughout the State; police officer 
4
training and education in areas related to alcohol related 
5
crime, including but not limited to DUI training; and police 
6
officer salaries, including but not limited to salaries for 
7
hire back funding for safety checkpoints, saturation patrols, 
8
and liquor store sting operations.


9
    (k) The Secretary of State Police DUI Fund is created as a 
10
special
fund in the State treasury. All moneys received by the 
11
Secretary of State
Police under subsection (j) of this Section 
12
shall be deposited into the
Secretary of State Police DUI Fund 
13
and, subject to appropriation, shall be
used for enforcement 
14
and prevention of driving while under the influence of alcohol, 
15
other drug or drugs, intoxicating compound or compounds or any 
16
combination thereof, as defined by this Section, including but 
17
not limited to the purchase of law enforcement equipment and 
18
commodities to assist in the prevention of
alcohol related 
19
criminal violence throughout the State; police officer 
20
training and education in areas related to alcohol related 
21
crime, including but not limited to DUI training; and police 
22
officer salaries, including but not limited to salaries for 
23
hire back funding for safety checkpoints, saturation patrols, 
24
and liquor store sting operations.


25
    (l) Whenever an individual is sentenced for an offense 
26
based upon an
arrest for a violation of subsection (a) or a 
 


 






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1
similar provision of a local
ordinance, and the professional 
2
evaluation recommends remedial or
rehabilitative treatment or 
3
education, neither the treatment nor the education
shall be the 
4
sole disposition and either or both may be imposed only in

5
conjunction with another disposition. The court shall monitor 
6
compliance with
any remedial education or treatment 
7
recommendations contained in the
professional evaluation. 
8
Programs conducting alcohol or other drug evaluation
or 
9
remedial education must be licensed by the Department of Human 
10
Services. If
the individual is not a resident of Illinois, 
11
however, the court may accept an
alcohol or other drug 
12
evaluation or remedial education program in the
individual's 
13
state of residence.  Programs providing treatment must be 
14
licensed
under existing applicable alcoholism and drug 
15
treatment licensure standards.

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


 






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


7
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
8
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
9
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. 
10
6-28-06.)

 
11
    (Text of Section from P.A. 94-110 and 94-963)
12
    Sec. 11-501. Driving while under the influence of alcohol, 
13
other drug or
drugs, intoxicating compound or compounds or any 
14
combination thereof.

15
    (a) A person shall not drive or be in actual
physical 
16
control of any vehicle within this State while:


17
        (1) the alcohol concentration in the person's blood or 
18
    breath is 0.08
or more based on the definition of blood and 
19
    breath units in Section 11-501.2;


20
        (2) under the influence of alcohol;


21
        (3) under the influence of any intoxicating compound or 
22
    combination of
intoxicating compounds to a degree that 
23
    renders the person incapable of
driving safely;


24
        (4) under the influence of any other drug or 
25
    combination of drugs to a
degree that renders the person 
 


 






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1
    incapable of safely driving;


2
        (5) under the combined influence of alcohol, other drug 
3
    or drugs, or
intoxicating compound or compounds to a degree 
4
    that renders the person
incapable of safely driving; or


5
        (6) there is any amount of a drug, substance, or 
6
    compound in the
person's breath, blood, or urine resulting 
7
    from the unlawful use or consumption
of cannabis listed in 
8
    the Cannabis Control Act, a controlled substance listed
in 
9
    the Illinois Controlled Substances Act, or an intoxicating 
10
    compound listed
in the Use of Intoxicating Compounds Act.


11
    (b) The fact that any person charged with violating this 
12
Section is or
has been legally entitled to use alcohol, other 
13
drug or drugs, or
intoxicating compound or compounds, or any

14
combination thereof,  shall not constitute a defense against any 
15
charge of
violating this Section.


16
    (b-1) With regard to penalties imposed under this Section:

17
        (1) Any reference to a prior violation of subsection 
18
    (a) or a similar
provision includes any violation of a 
19
    provision of a local ordinance or a
provision of a law of 
20
    another state that is similar to a violation of
subsection 
21
    (a) of this Section.

22
        (2) Any penalty imposed for driving with a license that 
23
    has been revoked
for a previous violation of subsection (a) 
24
    of this Section shall be in
addition to the penalty imposed 
25
    for any subsequent violation of subsection (a).

26
    (b-2) Except as otherwise provided in this Section, any 
 


 






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1
person convicted of
violating subsection (a) of this Section is 
2
guilty of a Class A misdemeanor.

3
    (b-3) In addition to any other criminal or administrative 
4
sanction for any
second conviction of violating subsection (a) 
5
or a similar provision committed
within 5 years of a previous 
6
violation of subsection (a) or a similar
provision, the 
7
defendant shall be sentenced to a mandatory minimum of 5 days 
8
of
imprisonment or assigned a mandatory minimum of 240 hours of 
9
community service
as may be determined by the court.

10
    (b-4) In the case of a third or subsequent violation 
11
committed within 5
years of a previous violation of subsection 
12
(a) or a similar provision, in
addition to any other criminal 
13
or administrative sanction, a mandatory minimum
term of either 
14
10 days of imprisonment or 480 hours of community service shall

15
be imposed.

16
    (b-5) The imprisonment or assignment of community service 
17
under subsections
(b-3) and (b-4) shall not be subject to 
18
suspension, nor shall the person be
eligible for a reduced 
19
sentence.


20
    (c) (Blank).



21
    (c-1) (1) A person who violates subsection (a)

during
a 
22
    period in which his
or her driving privileges are revoked 
23
    or suspended, where the revocation or
suspension was for a 
24
    violation of subsection (a), Section
11-501.1, paragraph 
25
    (b)
of Section 11-401, or for reckless homicide as defined 
26
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

 


 






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1
    Class 4 felony.


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

8
    of the Criminal Code of 1961, is guilty of
a Class 3 
9
    felony; and if the
person receives a term of
probation or 
10
    conditional discharge, he or she shall be required to serve 
11
    a
mandatory
minimum of 10 days of imprisonment or shall be 
12
    assigned a mandatory minimum of
480 hours of community 
13
    service, as may be determined by the court, as a
condition 
14
    of the probation or conditional discharge. This mandatory 
15
    minimum
term of imprisonment or assignment of community 
16
    service shall not be suspended
or reduced by the court.

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

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

26
    community service shall  not be suspended or reduced by the 
 


 






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1
    court.


2
        (3) A person who violates subsection (a) a fourth or

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


11
    (c-2) (Blank).


12
    (c-3) (Blank).



13
    (c-4) (Blank).

14
    (c-5) Except as provided in subsection (c-5.1), a person 21 
15
years of age or older who violates subsection (a), if the 
16
person was transporting
a person under the age of 16 at the 
17
time of the violation, is subject to 6 months of imprisonment, 
18
an
additional mandatory minimum fine of $1,000, and 25 days of 
19
community service in a program benefiting children. The 
20
imprisonment or assignment of community service under this

21
subsection (c-5) is not subject to suspension, nor is the 
22
person eligible for
a reduced sentence.

23
    (c-5.1) A person 21 years of age or older who is convicted 
24
of violating subsection (a) of this Section
a
first time and 
25
who in committing that violation was involved in a motor 
26
vehicle
accident that resulted in bodily harm to the child 
 


 






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

9
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
10
a person 21 years of age or older who
violates
subsection (a) a 
11
second time, if at the time of
the second violation the person 
12
was transporting a person under the age of 16,
is subject to 6 
13
months of imprisonment, an additional mandatory
minimum fine of 
14
$1,000, and an additional mandatory minimum 140 hours of

15
community service, which shall include 40 hours of community 
16
service in a
program benefiting children.
The imprisonment or 
17
assignment of community service under this subsection (c-6)
is 
18
not subject to suspension, nor is the person eligible for a 
19
reduced
sentence. If the person was transporting a passenger 
20
under the age of 16 years at the time of the first violation 
21
and at the time of the second violation, the person is guilty 
22
of a Class 4 felony.

23
    (c-7) Except as provided in subsection (c-7.1), any person 
24
21 years of age or older convicted of
violating subsection 
25
(c-6) or a similar
provision within 10 years of a previous 
26
violation of subsection (a) or a
similar provision is guilty of 
 


 






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1
a Class 4 felony and, in addition to any other penalty imposed, 
2
is subject to one year of

imprisonment, 25 days of mandatory

3
community service in a program benefiting children, and a 
4
mandatory
fine of $2,500. The imprisonment or assignment of 
5
community service under this
subsection (c-7) is not subject to 
6
suspension, nor is the person
eligible for a reduced sentence.

7
    (c-7.1) A person 21 years of age or older who is convicted 
8
of violating subsection (a) of this Section
a
second time 
9
within 10 years and who in committing that violation was 
10
involved
in a motor vehicle accident that resulted in bodily 
11
harm to the child under the
age of 16 being transported, if the 
12
violation was the proximate cause of the
injury, is guilty of a 
13
Class 4 felony and is subject to 18 months of
imprisonment, a

14
mandatory fine of $5,000, and 25 days of community service in a 
15
program
benefiting
children. The imprisonment or assignment to 
16
community service under this
subsection
(c-7.1) shall not be 
17
subject to suspension, nor shall the person be eligible for

18
probation in order
to reduce the sentence or assignment.

19
    (c-8) (Blank).

20
    (c-9)  Any person 21 years of age or older convicted a third 
21
time for violating subsection (a) or a
similar provision, if at 
22
the time of the third violation the person was
transporting a 
23
person under the age of 16, is guilty of a Class 4 felony and is 
24
subject to 18 months of imprisonment, a mandatory fine of 
25
$2,500, and 25 days  of community service in a
program 
26
benefiting children.
The imprisonment or assignment of 
 


 






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

3
    (c-10) Any person 21 years of age or older convicted of 
4
violating subsection (c-9) or a similar
provision a third time 
5
within 20 years of a previous violation of subsection
(a) or a

6
similar provision is guilty of a Class 3 felony and, in 
7
addition
to any other penalty imposed, is subject to 3 years of 
8
imprisonment, 25 days of community
service in a program 
9
benefiting children, and a mandatory fine of
$25,000. The 
10
imprisonment or
assignment of community service under this 
11
subsection (c-10) is not subject to
suspension, nor is the 
12
person eligible for a reduced sentence.

13
    (c-11) Any person 21 years of age or older convicted a 
14
fourth or subsequent time for violating
subsection (a) or a 
15
similar provision, if at the time of the fourth or
subsequent 
16
violation the person was transporting a person under the age of 
17
16,
and if the person's 3 prior violations of subsection (a) or 
18
a similar provision
occurred while transporting a person under 
19
the age of 16 or while the alcohol
concentration in his or her 
20
blood, breath, or urine was 0.16 or more based
on the 
21
definition of blood, breath, or urine units in Section 
22
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
23
probation or conditional
discharge, and is subject to a minimum 
24
fine of $25,000.

25
    (c-12) Any person convicted of a first violation of 
26
subsection (a) or a
similar provision, if the alcohol 
 


 






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

7
    (c-13) Any person convicted of a second violation of 
8
subsection (a) or a similar provision committed within 10 years 
9
of a previous violation of subsection (a) or a similar 
10
provision, if at the time of the second violation of subsection 
11
(a) or a similar provision the
alcohol concentration in his or 
12
her 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,
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 
 


 






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1
minimum fine of $2,500.

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


15
    (d) (1) Every person convicted of committing a violation of 
16
    this Section
shall be guilty of aggravated driving under 
17
    the influence of alcohol,
other drug or drugs, or 
18
    intoxicating compound or compounds, or any combination

19
    thereof if:


20
            (A) the person committed a violation of subsection 
21
        (a) or a similar
provision for the
third or subsequent 
22
        time;


23
            (B) the person committed a violation of subsection 
24
        (a)
while
driving a school bus with persons 18 years of 
25
        age or younger

on board;


26
            (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

 


 






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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, if sentenced to a term of
imprisonment, shall be 
17
    sentenced to: (A) a
term of imprisonment of not less than 3 
18
    years and not more
than 14 years if the violation resulted 
19
    in the death of one person; or
(B) a term of imprisonment 
20
    of not less than 6 years and not
more than 28 years if the 
21
    violation resulted in the deaths of 2 or more
persons.
For 
22
    any prosecution under this subsection
(d), a certified copy 
23
    of the
driving abstract of the defendant shall be admitted 
24
    as proof of any prior
conviction.
Any person sentenced 
25
    under this subsection (d) who receives a term of
probation

26
    or conditional discharge must serve a minimum term of 
 


 






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

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


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

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


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

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


 






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1
determined by the court.


2
    (f) Every person found guilty of violating this Section, 
3
whose
operation of a motor vehicle while in violation of this 
4
Section proximately
caused any incident resulting in an 
5
appropriate emergency response, shall
be liable for the expense 
6
of an emergency response as provided under
Section 5-5-3 of the 
7
Unified Code of Corrections.


8
    (g) The Secretary of State shall revoke the driving 
9
privileges of any
person convicted under this Section or a 
10
similar provision of a local
ordinance.


11
    (h) (Blank).



12
    (i) The Secretary of State shall require the use of 
13
ignition interlock
devices on all vehicles owned by an 
14
individual who has been convicted of a
second
or subsequent 
15
offense of this Section or a similar provision of a local

16
ordinance.  The Secretary shall establish by rule and regulation 
17
the procedures
for certification and use of the interlock 
18
system.


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


 






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

purchase of law enforcement equipment and 
 


 






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1
commodities that will assist in the prevention of
alcohol 
2
related criminal violence throughout the State; police officer 
3
training and education in areas related to alcohol related 
4
crime, including but not limited to DUI training; and police 
5
officer salaries, including but not limited to salaries for 
6
hire back funding for safety checkpoints, saturation patrols, 
7
and liquor store sting operations.


8
    (k) The Secretary of State Police DUI Fund is created as a 
9
special
fund in the State treasury. All moneys received by the 
10
Secretary of State
Police under subsection (j) of this Section 
11
shall be deposited into the
Secretary of State Police DUI Fund 
12
and, subject to appropriation, shall be
used for enforcement 
13
and prevention of driving while under the influence of alcohol, 
14
other drug or drugs, intoxicating compound or compounds or any 
15
combination thereof, as defined by this Section, including but 
16
not limited to the purchase of law enforcement equipment and 
17
commodities to assist in the prevention of
alcohol related 
18
criminal violence throughout the State; police officer 
19
training and education in areas related to alcohol related 
20
crime, including but not limited to DUI training; and police 
21
officer salaries, including but not limited to salaries for 
22
hire back funding for safety checkpoints, saturation patrols, 
23
and liquor store sting operations.


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 
 


 






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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 
 


 






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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; 94-963, eff. 
9
6-28-06.)

 
10
    (Text of Section from P.A. 94-113, 94-609, and 94-963)
11
    Sec. 11-501. Driving while under the influence of alcohol, 
12
other drug or
drugs, intoxicating compound or compounds or any 
13
combination thereof.

14
    (a) A person shall not drive or be in actual
physical 
15
control of any vehicle within this State while:


16
        (1) the alcohol concentration in the person's blood or 
17
    breath is 0.08
or more based on the definition of blood and 
18
    breath units in Section 11-501.2;


19
        (2) under the influence of alcohol;


20
        (3) under the influence of any intoxicating compound or 
21
    combination of
intoxicating compounds to a degree that 
22
    renders the person incapable of
driving safely;


23
        (4) under the influence of any other drug or 
24
    combination of drugs to a
degree that renders the person 
25
    incapable of safely driving;


 


 






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1
        (5) under the combined influence of alcohol, other drug 
2
    or drugs, or
intoxicating compound or compounds to a degree 
3
    that renders the person
incapable of safely driving; or


4
        (6) there is any amount of a drug, substance, or 
5
    compound in the
person's breath, blood, or urine resulting 
6
    from the unlawful use or consumption
of cannabis listed in 
7
    the Cannabis Control Act, a controlled substance listed
in 
8
    the Illinois Controlled Substances Act, or an intoxicating 
9
    compound listed
in the Use of Intoxicating Compounds Act.


10
    (b) The fact that any person charged with violating this 
11
Section is or
has been legally entitled to use alcohol, other 
12
drug or drugs, or
intoxicating compound or compounds, or any

13
combination thereof,  shall not constitute a defense against any 
14
charge of
violating this Section.


15
    (b-1) With regard to penalties imposed under this Section:

16
        (1) Any reference to a prior violation of subsection 
17
    (a) or a similar
provision includes any violation of a 
18
    provision of a local ordinance or a
provision of a law of 
19
    another state that is similar to a violation of
subsection 
20
    (a) of this Section.

21
        (2) Any penalty imposed for driving with a license that 
22
    has been revoked
for a previous violation of subsection (a) 
23
    of this Section shall be in
addition to the penalty imposed 
24
    for any subsequent violation of subsection (a).

25
    (b-2) Except as otherwise provided in this Section, any 
26
person convicted of
violating subsection (a) of this Section is 
 


 






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1
guilty of a Class A misdemeanor.

2
    (b-3) In addition to any other criminal or administrative 
3
sanction for any
second conviction of violating subsection (a) 
4
or a similar provision committed
within 5 years of a previous 
5
violation of subsection (a) or a similar
provision, the 
6
defendant shall be sentenced to a mandatory minimum of 5 days 
7
of
imprisonment or assigned a mandatory minimum of 240 hours of 
8
community service
as may be determined by the court.

9
    (b-4) In the case of a third or subsequent violation 
10
committed within 5
years of a previous violation of subsection 
11
(a) or a similar provision, in
addition to any other criminal 
12
or administrative sanction, a mandatory minimum
term of either 
13
10 days of imprisonment or 480 hours of community service shall

14
be imposed.

15
    (b-5) The imprisonment or assignment of community service 
16
under subsections
(b-3) and (b-4) shall not be subject to 
17
suspension, nor shall the person be
eligible for a reduced 
18
sentence.


19
    (c) (Blank).



20
    (c-1) (1) A person who violates subsection (a)

during
a 
21
    period in which his
or her driving privileges are revoked 
22
    or suspended, where the revocation or
suspension was for a 
23
    violation of subsection (a), Section
11-501.1, paragraph 
24
    (b)
of Section 11-401, or for reckless homicide as defined 
25
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

26
    Class 4 felony.


 


 






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1
        (2) A person who violates subsection (a) a third
time, 
2
    if the third violation occurs during a period in
which his 
3
    or her driving privileges are revoked or suspended where 
4
    the
revocation
or suspension was for a violation of 
5
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
6
    11-401, or for reckless homicide as defined in Section 9-3

7
    of the Criminal Code of 1961, is guilty of
a Class 3 
8
    felony.
9
        (2.1) A person who violates subsection (a) a third 
10
    time, if the third
violation occurs during a period in 
11
    which his or her driving privileges are
revoked or 
12
    suspended where the revocation or suspension was for a 
13
    violation of
subsection (a), Section 11-501.1, subsection 
14
    (b) of Section 11-401, or for
reckless homicide as defined 
15
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
16
    Class 3 felony; and if the
person receives a term of

17
    probation or conditional discharge, he or she shall be 
18
    required to serve a
mandatory
minimum of 10 days of 
19
    imprisonment or shall be assigned a mandatory minimum of

20
    480 hours of community service, as may be determined by the 
21
    court, as a
condition of the probation or conditional 
22
    discharge. This mandatory minimum
term of imprisonment or 
23
    assignment of community service shall not be suspended
or 
24
    reduced by the court.

25
        (2.2) A person who violates subsection (a), if the

26
    violation occurs during a period in which his or her 
 


 






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1
    driving privileges are
revoked or suspended where the 
2
    revocation or suspension was for a violation of
subsection 
3
    (a) or Section 11-501.1, shall also be sentenced to an 
4
    additional
mandatory minimum term of 30 consecutive days of 
5
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
6
    720 hours of community service, as may be
determined by the 
7
    court.  This mandatory term of imprisonment or assignment of

8
    community service shall  not be suspended or reduced by the 
9
    court.


10
        (3) A person who violates subsection (a) a fourth or

11
    subsequent time, if the fourth or subsequent violation 
12
    occurs
during a period in which his
or her driving 
13
    privileges are revoked or suspended where the revocation
or 
14
    suspension was for a violation of subsection (a),
Section 
15
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
16
    homicide as defined in
Section 9-3
of
the Criminal Code of 
17
    1961, is guilty of
a Class 2 felony and is not eligible for 
18
    a sentence of probation or
conditional discharge.


19
    (c-2) (Blank).


20
    (c-3) (Blank).



21
    (c-4) (Blank).

22
    (c-5) A person who violates subsection (a), if the person 
23
was transporting
a person under the age of 16 at the time of 
24
the violation, is subject to an
additional mandatory minimum 
25
fine of $1,000, an additional mandatory minimum
140 hours of 
26
community service, which shall include 40 hours of community

 


 






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1
service in a program benefiting children, and an additional 2 
2
days of
imprisonment. The imprisonment or assignment of 
3
community service under this
subsection (c-5) is not subject to 
4
suspension, nor is the person eligible for
a reduced sentence.

5
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
6
person who
violates
subsection (a) a second time, if at the 
7
time of
the second violation the person was transporting a 
8
person under the age of 16,
is subject to an additional 10 days 
9
of imprisonment, an additional mandatory
minimum fine of 
10
$1,000, and an additional mandatory minimum 140 hours of

11
community service, which shall include 40 hours of community 
12
service in a
program benefiting children.
The imprisonment or 
13
assignment of community service under this subsection (c-6)
is 
14
not subject to suspension, nor is the person eligible for a 
15
reduced
sentence. If the person was transporting a passenger 
16
under the age of 16 years at the time of the first violation 
17
and at the time of the second violation, the person is guilty 
18
of a Class 4 felony.

19
    (c-7) Except as provided in subsection (c-8), any person 
20
convicted of
violating subsection (c-6) or a similar
provision 
21
within 10 years of a previous violation of subsection (a) or a

22
similar provision shall receive, in addition to any other 
23
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
24
additional 40 hours of mandatory
community service in a program 
25
benefiting children, and a mandatory minimum
fine of $1,750. 
26
The imprisonment or assignment of community service under this

 


 






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1
subsection (c-7) is not subject to suspension, nor is the 
2
person
eligible for a reduced sentence. If the person was 
3
transporting a passenger under the age of 16 years at the time 
4
of the first violation and at the time of the second violation, 
5
the person is guilty of a Class 4 felony.

6
    (c-8) Any person convicted of violating subsection (c-6) or 
7
a similar
provision within 5 years of a previous violation of 
8
subsection (a) or a similar
provision shall receive, in 
9
addition to any other penalty imposed, an
additional 80 hours 
10
of mandatory community service in a program benefiting

11
children, an additional mandatory minimum 12 days of 
12
imprisonment, and a
mandatory minimum fine of $1,750. The 
13
imprisonment or assignment of community
service under this 
14
subsection (c-8) is not subject to suspension, nor
is the

15
person eligible for a reduced sentence. If the person was 
16
transporting a passenger under the age of 16 years at the time 
17
of the first violation and at the time of the second violation, 
18
the person is guilty of a Class 4 felony.

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


 






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

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

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

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

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

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

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


 






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

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

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

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


 






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

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


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

21
    thereof if:


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


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


 






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1
        age or younger

on board;


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


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

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


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

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


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


 






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

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


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

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


 






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

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

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


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

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


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

26
office, a probation and court services department, Mothers 
 


 






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


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


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


14
    (h) (Blank).



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

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


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


 






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


 






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

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


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


 


 






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

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

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


 






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


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

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

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


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


22
        (2) under the influence of alcohol;


23
        (3) under the influence of any intoxicating compound or 
24
    combination of
intoxicating compounds to a degree that 
25
    renders the person incapable of
driving safely;


 


 






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1
        (4) under the influence of any other drug or 
2
    combination of drugs to a
degree that renders the person 
3
    incapable of safely driving;


4
        (5) under the combined influence of alcohol, other drug 
5
    or drugs, or
intoxicating compound or compounds to a degree 
6
    that renders the person
incapable of safely driving; or


7
        (6) there is any amount of a drug, substance, or 
8
    compound in the
person's breath, blood, or urine resulting 
9
    from the unlawful use or consumption
of cannabis listed in 
10
    the Cannabis Control Act, a controlled substance listed
in 
11
    the Illinois Controlled Substances Act, or an intoxicating 
12
    compound listed
in the Use of Intoxicating Compounds Act.


13
    (b) The fact that any person charged with violating this 
14
Section is or
has been legally entitled to use alcohol, other 
15
drug or drugs, or
intoxicating compound or compounds, or any

16
combination thereof,  shall not constitute a defense against any 
17
charge of
violating this Section.


18
    (b-1) With regard to penalties imposed under this Section:

19
        (1) Any reference to a prior violation of subsection 
20
    (a) or a similar
provision includes any violation of a 
21
    provision of a local ordinance or a
provision of a law of 
22
    another state that is similar to a violation of
subsection 
23
    (a) of this Section.

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


 






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1
    for any subsequent violation of subsection (a).

2
    (b-2) Except as otherwise provided in this Section, any 
3
person convicted of
violating subsection (a) of this Section is 
4
guilty of a Class A misdemeanor.

5
    (b-3) In addition to any other criminal or administrative 
6
sanction for any
second conviction of violating subsection (a) 
7
or a similar provision committed
within 5 years of a previous 
8
violation of subsection (a) or a similar
provision, the 
9
defendant shall be sentenced to a mandatory minimum of 5 days 
10
of
imprisonment or assigned a mandatory minimum of 240 hours of 
11
community service
as may be determined by the court.

12
    (b-4) In the case of a third or subsequent violation 
13
committed within 5
years of a previous violation of subsection 
14
(a) or a similar provision, in
addition to any other criminal 
15
or administrative sanction, a mandatory minimum
term of either 
16
10 days of imprisonment or 480 hours of community service shall

17
be imposed.

18
    (b-5) The imprisonment or assignment of community service 
19
under subsections
(b-3) and (b-4) shall not be subject to 
20
suspension, nor shall the person be
eligible for a reduced 
21
sentence.


22
    (c) (Blank).



23
    (c-1) (1) A person who violates subsection (a)

during
a 
24
    period in which his
or her driving privileges are revoked 
25
    or suspended, where the revocation or
suspension was for a 
26
    violation of subsection (a), Section
11-501.1, paragraph 
 


 






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

3
    Class 4 felony.


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

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

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

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


 






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1
    reduced by the court.

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

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

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


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

14
    fifth time, if the fourth or fifth

violation occurs
during 
15
    a period in which his
or her driving privileges are revoked 
16
    or suspended where the revocation
or suspension was for a 
17
    violation of subsection (a),
Section 11-501.1, paragraph

18
    (b) of Section 11-401, or for reckless homicide as defined 
19
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
20
    Class 2 felony and is not eligible for a sentence of 
21
    probation or
conditional discharge.


22
    (c-2) (Blank).


23
    (c-3) (Blank).



24
    (c-4) (Blank).

25
    (c-5) A person who violates subsection (a), if the person 
26
was transporting
a person under the age of 16 at the time of 
 


 






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1
the violation, is subject to an
additional mandatory minimum 
2
fine of $1,000, an additional mandatory minimum
140 hours of 
3
community service, which shall include 40 hours of community

4
service in a program benefiting children, and an additional 2 
5
days of
imprisonment. The imprisonment or assignment of 
6
community service under this
subsection (c-5) is not subject to 
7
suspension, nor is the person eligible for
a reduced sentence.

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

14
community service, which shall include 40 hours of community 
15
service in a
program benefiting children.
The imprisonment or 
16
assignment of community service under this subsection (c-6)
is 
17
not subject to suspension, nor is the person eligible for a 
18
reduced
sentence. If the person was transporting a passenger 
19
under the age of 16 years at the time of the first violation 
20
and at the time of the second violation, the person is guilty 
21
of a Class 4 felony.

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

25
similar provision shall receive, in addition to any other 
26
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
 


 






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1
additional 40 hours of mandatory
community service in a program 
2
benefiting children, and a mandatory minimum
fine of $1,750. 
3
The imprisonment or assignment of community service under this

4
subsection (c-7) is not subject to suspension, nor is the 
5
person
eligible for a reduced sentence. If the person was 
6
transporting a passenger under the age of 16 years at the time 
7
of the first violation and at the time of the second violation, 
8
the person is guilty of a Class 4 felony.

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

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

18
person eligible for a reduced sentence. If the person was 
19
transporting a passenger under the age of 16 years at the time 
20
of the first violation and at the time of the second violation, 
21
the person is guilty of a Class 4 felony.

22
    (c-9) Any person convicted a third time for violating 
23
subsection (a) or a
similar provision, if at the time of the 
24
third violation the person was
transporting a person under the 
25
age of 16, is guilty of a Class 4 felony and shall
receive, in 
26
addition to any other
penalty imposed, an additional mandatory 
 


 






HB0247 Engrossed
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1
fine of $1,000, an additional
mandatory 140 hours of community 
2
service, which shall include 40 hours in a
program benefiting 
3
children, and a mandatory minimum 30 days of imprisonment.
The 
4
imprisonment or assignment of community service under this 
5
subsection (c-9)
is not subject to suspension, nor is the 
6
person eligible for a reduced
sentence.

7
    (c-10) Any person convicted of violating subsection (c-9) 
8
or a similar
provision a third time within 20 years of a 
9
previous violation of subsection
(a) or a
similar provision is 
10
guilty of a Class 4 felony and shall receive, in addition
to 
11
any other penalty imposed, an additional mandatory 40 hours of 
12
community
service in a program benefiting children, an 
13
additional mandatory fine of

$3,000, and a mandatory minimum 
14
120 days of imprisonment. The imprisonment or
assignment of 
15
community service under this subsection (c-10) is not subject 
16
to
suspension, nor is the person eligible for a reduced 
17
sentence.

18
    (c-11) Any person convicted a fourth or fifth

time for 
19
violating
subsection (a) or a similar provision, if at the time 
20
of the fourth or
fifth violation the person was transporting a 
21
person under the age of 16,
and if the person's 3 prior 
22
violations of subsection (a) or a similar provision
occurred 
23
while transporting a person under the age of 16 or while the 
24
alcohol
concentration in his or her blood, breath, or urine was 
25
0.16 or more based
on the definition of blood, breath, or urine 
26
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
 


 






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1
not eligible for probation or conditional
discharge, and is 
2
subject to a minimum fine of $3,000.

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

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

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

26
similar provision the alcohol concentration in his or her 
 


 






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1
blood, breath, or
urine was 0.16 or more based on the 
2
definition of blood, breath, or urine units
in Section 
3
11-501.2, is guilty of a Class 4 felony and shall be subject, 
4
in
addition to any other penalty that may be imposed, to a 
5
mandatory minimum of
90 days of imprisonment and a mandatory 
6
minimum fine of $2,500.

7
    (c-15) Any person convicted of a fourth or fifth

violation 
8
of
subsection
(a) or a similar provision, if at the time of the 
9
fourth or fifth

violation the alcohol concentration in his or 
10
her blood, breath, or urine was
0.16 or more based on the 
11
definition of blood, breath, or urine units in
Section 
12
11-501.2, and if the person's 3 prior violations of subsection 
13
(a) or a
similar provision occurred while transporting a person 
14
under the age of 16 or
while the alcohol concentration in his 
15
or her blood, breath, or urine was 0.16
or more based on the 
16
definition of blood, breath, or urine units in Section

17
11-501.2, is guilty of a Class 2 felony and is not eligible for 
18
a sentence of
probation or conditional discharge and is subject 
19
to a minimum fine of
$2,500.


20
    (c-16) Any person convicted of a sixth or subsequent 
21
violation of subsection (a) is guilty of a Class X felony.

22
    (d) (1) Every person convicted of committing a violation of 
23
    this Section
shall be guilty of aggravated driving under 
24
    the influence of alcohol,
other drug or drugs, or 
25
    intoxicating compound or compounds, or any combination

26
    thereof if:


 


 






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1
            (A) the person committed a violation of subsection 
2
        (a) or a similar
provision for the
third or subsequent 
3
        time;


4
            (B) the person committed a violation of subsection 
5
        (a)
while
driving a school bus with persons 18 years of 
6
        age or younger

on board;


7
            (C) the person in committing a violation of 
8
        subsection
(a) was
involved in a motor vehicle accident 
9
        that resulted in great bodily harm or
permanent 
10
        disability or disfigurement to another, when the 
11
        violation was
a proximate cause of the injuries;


12
            (D) the person committed a violation of subsection 
13
        (a)
for a
second time and has been previously convicted 
14
        of violating Section 9-3 of the
Criminal Code of 1961 
15
        or a similar provision of a law of another state 
16
        relating to reckless homicide in which the person was

17
        determined to have been under the influence of alcohol, 
18
        other drug or
drugs, or intoxicating compound or 
19
        compounds as an element of the offense or
the person 
20
        has previously been convicted
under subparagraph (C) 
21
        or subparagraph (F) of this paragraph (1);


22
            (E) the person, in committing a violation of 
23
        subsection (a) while
driving at any speed in a school 
24
        speed zone at a time when a speed limit of
20 miles per 
25
        hour was in effect under subsection (a) of Section 
26
        11-605 of
this Code, was involved in a motor vehicle 
 


 






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

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


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

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


11
        (2) Except as provided in this paragraph (2), a person 
12
    convicted of
aggravated driving under
the
influence of 
13
    alcohol, other drug or
drugs,
or intoxicating compound or 
14
    compounds, or any
combination thereof is guilty of a Class 
15
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
16
    (1) of this subsection (d), the defendant, if sentenced to 
17
    a term
of imprisonment, shall be sentenced
to not less than

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


 






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

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

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


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

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


25
    (e-1) Any person who is found guilty of or pleads guilty to 
26
violating this
Section, including any person receiving a 
 


 






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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 
 


 






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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 for enforcement and 
14
prevention of driving while under the influence of alcohol, 
15
other drug or drugs, intoxicating compound or compounds or any 
16
combination thereof, as defined by this Section, including but 
17
not limited to the purchase of law
enforcement equipment and 
18
commodities that will assist in the prevention of alcohol 
19
related
criminal violence throughout the State; police officer 
20
training and education in areas related to alcohol related 
21
crime, including but not limited to DUI training; and police 
22
officer salaries, including but not limited to salaries for 
23
hire back funding for safety checkpoints, saturation patrols, 
24
and liquor store sting operations. Equipment and commodities 
25
shall include, but are not limited
to, in-car video cameras, 
26
radar and laser speed detection devices, and alcohol
breath 
 


 






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1
testers.
Any moneys received by the Department of State Police 
2
under this subsection
(j) shall be deposited into the State 
3
Police DUI Fund and shall be used for enforcement and 
4
prevention of driving while under the influence of alcohol, 
5
other drug or drugs, intoxicating compound or compounds or any 
6
combination thereof, as defined by this Section, including but 
7
not limited to the

purchase of law enforcement equipment and 
8
commodities that will assist in the prevention of
alcohol 
9
related criminal violence throughout the State; police officer 
10
training and education in areas related to alcohol related 
11
crime, including but not limited to DUI training; and police 
12
officer salaries, including but not limited to salaries for 
13
hire back funding for safety checkpoints, saturation patrols, 
14
and liquor store sting operations.


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


 






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


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, 
 


 






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


13
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
14
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
15
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. 
16
6-28-06.)

 
17
    (Text of Section from P.A. 94-116 and 94-963)
18
    Sec. 11-501. Driving while under the influence of alcohol, 
19
other drug or
drugs, intoxicating compound or compounds or any 
20
combination thereof.

21
    (a) A person shall not drive or be in actual
physical 
22
control of any vehicle within this State while:


23
        (1) the alcohol concentration in the person's blood or 
24
    breath is 0.08
or more based on the definition of blood and 
25
    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 
 


 






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1
    (a) of this Section.

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

6
    (b-2) Except as otherwise provided in this Section, any 
7
person convicted of
violating subsection (a) of this Section is 
8
guilty of a Class A misdemeanor.

9
    (b-3) In addition to any other criminal or administrative 
10
sanction for any
second conviction of violating subsection (a) 
11
or a similar provision committed
within 5 years of a previous 
12
violation of subsection (a) or a similar
provision, the 
13
defendant shall be sentenced to a mandatory minimum of 5 days 
14
of
imprisonment or assigned a mandatory minimum of 240 hours of 
15
community service
as may be determined by the court.

16
    (b-4) In the case of a third violation committed within 5

17
years of a previous violation of subsection (a) or a similar 
18
provision, the defendant is guilty of a Class 2 felony, and in

19
addition to any other criminal or administrative sanction, a 
20
mandatory minimum
term of either 10 days of imprisonment or 480 
21
hours of community service shall
be imposed.

22
    (b-5) The imprisonment or assignment of community service 
23
under subsections
(b-3) and (b-4) shall not be subject to 
24
suspension, nor shall the person be
eligible for a reduced 
25
sentence.


26
    (c) (Blank).



 


 






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

during
a 
2
    period in which his
or her driving privileges are revoked 
3
    or suspended, where the revocation or
suspension was for a 
4
    violation of subsection (a), Section
11-501.1, paragraph 
5
    (b)
of Section 11-401, or for reckless homicide as defined 
6
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

7
    Class 4 felony.


8
        (2) A person who violates subsection (a) a third
time 
9
    is guilty of
a Class 2 felony.
10
        (2.1) A person who violates subsection (a) a third 
11
    time, if the third
violation occurs during a period in 
12
    which his or her driving privileges are
revoked or 
13
    suspended where the revocation or suspension was for a 
14
    violation of
subsection (a), Section 11-501.1, subsection 
15
    (b) of Section 11-401, or for
reckless homicide as defined 
16
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
17
    Class 2 felony; and if the
person receives a term of

18
    probation or conditional discharge, he or she shall be 
19
    required to serve a
mandatory
minimum of 10 days of 
20
    imprisonment or shall be assigned a mandatory minimum of

21
    480 hours of community service, as may be determined by the 
22
    court, as a
condition of the probation or conditional 
23
    discharge. This mandatory minimum
term of imprisonment or 
24
    assignment of community service shall not be suspended
or 
25
    reduced by the court.

26
        (2.2) A person who violates subsection (a), if the

 


 






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1
    violation occurs during a period in which his or her 
2
    driving privileges are
revoked or suspended where the 
3
    revocation or suspension was for a violation of
subsection 
4
    (a) or Section 11-501.1, shall also be sentenced to an 
5
    additional
mandatory minimum term of 30 consecutive days of 
6
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
7
    720 hours of community service, as may be
determined by the 
8
    court.  This mandatory term of imprisonment or assignment of

9
    community service shall  not be suspended or reduced by the 
10
    court.


11
        (3) A person who violates subsection (a) a fourth time 
12
    is guilty of
a Class 2 felony and is not eligible for a 
13
    sentence of probation or
conditional discharge.


14
        (4) A person who violates subsection (a) a fifth or 
15
    subsequent time is guilty of a Class 1 felony and is not 
16
    eligible for a sentence of probation or conditional 
17
    discharge.

18
    (c-2) (Blank).


19
    (c-3) (Blank).



20
    (c-4) (Blank).

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

26
service in a program benefiting children, and an additional 2 
 


 






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1
days of
imprisonment. The imprisonment or assignment of 
2
community service under this
subsection (c-5) is not subject to 
3
suspension, nor is the person eligible for
a reduced sentence.

4
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
5
person who
violates
subsection (a) a second time, if at the 
6
time of
the second violation the person was transporting a 
7
person under the age of 16,
is subject to an additional 10 days 
8
of imprisonment, an additional mandatory
minimum fine of 
9
$1,000, and an additional mandatory minimum 140 hours of

10
community service, which shall include 40 hours of community 
11
service in a
program benefiting children.
The imprisonment or 
12
assignment of community service under this subsection (c-6)
is 
13
not subject to suspension, nor is the person eligible for a 
14
reduced
sentence. If the person was transporting a passenger 
15
under the age of 16 years at the time of the first violation 
16
and at the time of the second violation, the person is guilty 
17
of a Class 4 felony.

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

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

26
subsection (c-7) is not subject to suspension, nor is the 
 


 






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1
person
eligible for a reduced sentence. If the person was 
2
transporting a passenger under the age of 16 years at the time 
3
of the first violation and at the time of the second violation, 
4
the person is guilty of a Class 4 felony.

5
    (c-8) Any person convicted of violating subsection (c-6) or 
6
a similar
provision within 5 years of a previous violation of 
7
subsection (a) or a similar
provision shall receive, in 
8
addition to any other penalty imposed, an
additional 80 hours 
9
of mandatory community service in a program benefiting

10
children, an additional mandatory minimum 12 days of 
11
imprisonment, and a
mandatory minimum fine of $1,750. The 
12
imprisonment or assignment of community
service under this 
13
subsection (c-8) is not subject to suspension, nor
is the

14
person eligible for a reduced sentence. If the person was 
15
transporting a passenger under the age of 16 years at the time 
16
of the first violation and at the time of the second violation, 
17
the person is guilty of a Class 4 felony.

18
    (c-9) Any person convicted a third time for violating 
19
subsection (a) or a
similar provision, if at the time of the 
20
third violation the person was
transporting a person under the 
21
age of 16, is guilty of a Class 2 felony and shall
receive, in 
22
addition to any other
penalty imposed, an additional mandatory 
23
fine of $1,000, an additional
mandatory 140 hours of community 
24
service, which shall include 40 hours in a
program benefiting 
25
children, and a mandatory minimum 30 days of imprisonment.
The 
26
imprisonment or assignment of community service under this 
 


 






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1
subsection (c-9)
is not subject to suspension, nor is the 
2
person eligible for a reduced
sentence.

3
    (c-10) Any person convicted of violating subsection (c-9) 
4
or a similar
provision a third time within 20 years of a 
5
previous violation of subsection
(a) or a
similar provision is 
6
guilty of a Class 2 felony and shall receive, in addition
to 
7
any other penalty imposed, an additional mandatory 40 hours of 
8
community
service in a program benefiting children, an 
9
additional mandatory fine of

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

14
    (c-11) Any person convicted a fourth time for violating

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

25
    (c-12) Any person convicted of a first violation of 
26
subsection (a) or a
similar provision, if the alcohol 
 


 






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

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

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

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


 






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1
mandatory minimum of
90 days of imprisonment and a mandatory 
2
minimum fine of $2,500.

3
    (c-15) Any person convicted of a fourth
violation of

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

14
probation or conditional discharge and is subject to a minimum 
15
fine of
$2,500.


16
    (d) (1) Every person convicted of committing a violation of 
17
    this Section
shall be guilty of aggravated driving under 
18
    the influence of alcohol,
other drug or drugs, or 
19
    intoxicating compound or compounds, or any combination

20
    thereof if:


21
            (A) the person committed a violation of subsection 
22
        (a) or a similar
provision for the
third or subsequent 
23
        time;


24
            (B) the person committed a violation of subsection 
25
        (a)
while
driving a school bus with persons 18 years of 
26
        age or younger

on board;


 


 






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1
            (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, 
 


 






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1
        snowmobile, all-terrain vehicle, or watercraft

2
        accident that resulted in
the death of another person, 
3
        when the violation of subsection
(a) was
a proximate 
4
        cause of the death.


5
        (2) Except as provided in this paragraph (2) and in 
6
    paragraphs (3) and (4) of subsection (c-1), a person 
7
    convicted of
aggravated driving under
the
influence of 
8
    alcohol, other drug or
drugs,
or intoxicating compound or 
9
    compounds, or any
combination thereof is guilty of a Class 
10
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
11
    (1) of this subsection (d), the defendant, if sentenced to 
12
    a term
of imprisonment, shall be sentenced
to not less than

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


 






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

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

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


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

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


25
    (e-1) Any person who is found guilty of or pleads guilty to 
26
violating this
Section, including any person receiving a 
 


 






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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 
 


 






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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 for enforcement and 
14
prevention of driving while under the influence of alcohol, 
15
other drug or drugs, intoxicating compound or compounds or any 
16
combination thereof, as defined by this Section, including but 
17
not limited to the purchase of law
enforcement equipment and 
18
commodities that will assist in the prevention of alcohol 
19
related
criminal violence throughout the State; police officer 
20
training and education in areas related to alcohol related 
21
crime, including but not limited to DUI training; and police 
22
officer salaries, including but not limited to salaries for 
23
hire back funding for safety checkpoints, saturation patrols, 
24
and liquor store sting operations. Equipment and commodities 
25
shall include, but are not limited
to, in-car video cameras, 
26
radar and laser speed detection devices, and alcohol
breath 
 


 






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1
testers.
Any moneys received by the Department of State Police 
2
under this subsection
(j) shall be deposited into the State 
3
Police DUI Fund and shall be used for enforcement and 
4
prevention of driving while under the influence of alcohol, 
5
other drug or drugs, intoxicating compound or compounds or any 
6
combination thereof, as defined by this Section, including but 
7
not limited to the

purchase of law enforcement equipment and 
8
commodities that will assist in the prevention of
alcohol 
9
related criminal violence throughout the State; police officer 
10
training and education in areas related to alcohol related 
11
crime, including but not limited to DUI training; and police 
12
officer salaries, including but not limited to salaries for 
13
hire back funding for safety checkpoints, saturation patrols, 
14
and liquor store sting operations.


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


 






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


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, 
 


 






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


13
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
14
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
15
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. 
16
6-28-06.)

 
17
    (Text of Section from P.A. 94-329 and 94-963)
18
    Sec. 11-501. Driving while under the influence of alcohol, 
19
other drug or
drugs, intoxicating compound or compounds or any 
20
combination thereof.


21
    (a) A person shall not drive or be in actual
physical 
22
control of any vehicle within this State while:


23
        (1) the alcohol concentration in the person's blood or 
24
    breath is 0.08
or more based on the definition of blood and 
25
    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 
 


 






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1
    (a) of this Section.

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

6
    (b-2) Except as otherwise provided in this Section, any 
7
person convicted of
violating subsection (a) of this Section is 
8
guilty of a Class A misdemeanor.

9
    (b-3) In addition to any other criminal or administrative 
10
sanction for any
second conviction of violating subsection (a) 
11
or a similar provision committed
within 5 years of a previous 
12
violation of subsection (a) or a similar
provision, the 
13
defendant shall be sentenced to a mandatory minimum of 5 days 
14
of
imprisonment or assigned a mandatory minimum of 240 hours of 
15
community service
as may be determined by the court.

16
    (b-4) In the case of a third or subsequent violation 
17
committed within 5
years of a previous violation of subsection 
18
(a) or a similar provision, in
addition to any other criminal 
19
or administrative sanction, a mandatory minimum
term of either 
20
10 days of imprisonment or 480 hours of community service shall

21
be imposed.

22
    (b-5) The imprisonment or assignment of community service 
23
under subsections
(b-3) and (b-4) shall not be subject to 
24
suspension, nor shall the person be
eligible for a reduced 
25
sentence.


26
    (c) (Blank).



 


 






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

during
a 
2
    period in which his
or her driving privileges are revoked 
3
    or suspended, where the revocation or
suspension was for a 
4
    violation of subsection (a), Section
11-501.1, paragraph 
5
    (b)
of Section 11-401, or for reckless homicide as defined 
6
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
7
    aggravated driving under the influence of alcohol, other 
8
    drug or drugs, intoxicating compound or compounds, or any 
9
    combination thereof and is guilty of a
Class 4 felony.


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

16
    of the Criminal Code of 1961, is guilty of aggravated 
17
    driving under the influence of alcohol, other drug or 
18
    drugs, intoxicating compound or compounds, or any 
19
    combination thereof and is guilty of
a Class 3 felony.
20
        (2.1) A person who violates subsection (a) a third 
21
    time, if the third
violation occurs during a period in 
22
    which his or her driving privileges are
revoked or 
23
    suspended where the revocation or suspension was for a 
24
    violation of
subsection (a), Section 11-501.1, subsection 
25
    (b) of Section 11-401, or for
reckless homicide as defined 
26
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
 


 






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1
    aggravated driving under the influence of alcohol, other 
2
    drug or drugs, intoxicating compound or compounds, or any 
3
    combination thereof and is guilty of a Class 3 felony; and 
4
    if the
person receives a term of
probation or conditional 
5
    discharge, he or she shall be required to serve a
mandatory

6
    minimum of 10 days of imprisonment or shall be assigned a 
7
    mandatory minimum of
480 hours of community service, as may 
8
    be determined by the court, as a
condition of the probation 
9
    or conditional discharge. This mandatory minimum
term of 
10
    imprisonment or assignment of community service shall not 
11
    be suspended
or reduced by the court.

12
        (2.2) A person who violates subsection (a), if the

13
    violation occurs during a period in which his or her 
14
    driving privileges are
revoked or suspended where the 
15
    revocation or suspension was for a violation of
subsection 
16
    (a) or Section 11-501.1, is guilty of aggravated driving 
17
    under the influence of alcohol, other drug or drugs, 
18
    intoxicating compound or compounds, or any combination 
19
    thereof and shall also be sentenced to an additional

20
    mandatory minimum term of 30 consecutive days of 
21
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
22
    720 hours of community service, as may be
determined by the 
23
    court.  This mandatory term of imprisonment or assignment of

24
    community service shall  not be suspended or reduced by the 
25
    court.


26
        (3) A person who violates subsection (a) a fourth or

 


 






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1
    subsequent time, if the fourth or subsequent violation 
2
    occurs
during a period in which his
or her driving 
3
    privileges are revoked or suspended where the revocation
or 
4
    suspension was for a violation of subsection (a),
Section 
5
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
6
    homicide as defined in
Section 9-3
of
the Criminal Code of 
7
    1961, is guilty of aggravated driving under the influence 
8
    of alcohol, other drug or drugs, intoxicating compound or 
9
    compounds, or any combination thereof and is guilty of
a 
10
    Class 2 felony, and is not eligible for a sentence of 
11
    probation or
conditional discharge.


12
    (c-2) (Blank).


13
    (c-3) (Blank).



14
    (c-4) (Blank).

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

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

24
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
25
person who
violates
subsection (a) a second time, if at the 
26
time of
the second violation the person was transporting a 
 


 






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1
person under the age of 16,
is subject to an additional 10 days 
2
of imprisonment, an additional mandatory
minimum fine of 
3
$1,000, and an additional mandatory minimum 140 hours of

4
community service, which shall include 40 hours of community 
5
service in a
program benefiting children.
The imprisonment or 
6
assignment of community service under this subsection (c-6)
is 
7
not subject to suspension, nor is the person eligible for a 
8
reduced
sentence. If the person was transporting a passenger 
9
under the age of 16 years at the time of the first violation 
10
and at the time of the second violation, the person is guilty 
11
of a Class 4 felony.

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

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

20
subsection (c-7) is not subject to suspension, nor is the 
21
person
eligible for a reduced sentence. If the person was 
22
transporting a passenger under the age of 16 years at the time 
23
of the first violation and at the time of the second violation, 
24
the person is guilty of a Class 4 felony.

25
    (c-8) Any person convicted of violating subsection (c-6) or 
26
a similar
provision within 5 years of a previous violation of 
 


 






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

4
children, an additional mandatory minimum 12 days of 
5
imprisonment, and a
mandatory minimum fine of $1,750. The 
6
imprisonment or assignment of community
service under this 
7
subsection (c-8) is not subject to suspension, nor
is the

8
person eligible for a reduced sentence. If the person was 
9
transporting a passenger under the age of 16 years at the time 
10
of the first violation and at the time of the second violation, 
11
the person is guilty of a Class 4 felony.

12
    (c-9) Any person convicted a third time for violating 
13
subsection (a) or a
similar provision, if at the time of the 
14
third violation the person was
transporting a person under the 
15
age of 16, is guilty of a Class 4 felony and shall
receive, in 
16
addition to any other
penalty imposed, an additional mandatory 
17
fine of $1,000, an additional
mandatory 140 hours of community 
18
service, which shall include 40 hours in a
program benefiting 
19
children, and a mandatory minimum 30 days of imprisonment.
The 
20
imprisonment or assignment of community service under this 
21
subsection (c-9)
is not subject to suspension, nor is the 
22
person eligible for a reduced
sentence.

23
    (c-10) Any person convicted of violating subsection (c-9) 
24
or a similar
provision a third time within 20 years of a 
25
previous violation of subsection
(a) or a
similar provision is 
26
guilty of a Class 4 felony and shall receive, in addition
to 
 


 






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1
any other penalty imposed, an additional mandatory 40 hours of 
2
community
service in a program benefiting children, an 
3
additional mandatory fine of

$3,000, and a mandatory minimum 
4
120 days of imprisonment. The imprisonment or
assignment of 
5
community service under this subsection (c-10) is not subject 
6
to
suspension, nor is the person eligible for a reduced 
7
sentence.

8
    (c-11) Any person convicted a fourth or subsequent time for 
9
violating
subsection (a) or a similar provision, if at the time 
10
of the fourth or
subsequent violation the person was 
11
transporting a person under the age of 16,
and if the person's 
12
3 prior violations of subsection (a) or a similar provision

13
occurred while transporting a person under the age of 16 or 
14
while the alcohol
concentration in his or her blood, breath, or 
15
urine was 0.16 or more based
on the definition of blood, 
16
breath, or urine units in Section 11-501.2, is
guilty of a 
17
Class 2 felony, is not eligible for probation or conditional

18
discharge, and is subject to a minimum fine of $3,000.

19
    (c-12) Any person convicted of a first violation of 
20
subsection (a) or a
similar provision, if the alcohol 
21
concentration in his or her blood, breath, or
urine was 0.16 or 
22
more based on the definition of blood, breath, or urine
units 
23
in Section 11-501.2, shall be subject, in addition to any other 
24
penalty
that may be imposed, to a mandatory minimum of 100 
25
hours of community service
and a mandatory minimum fine of 
26
$500.

 


 






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

12
    (c-14) Any person convicted of a third violation of 
13
subsection (a) or a
similar provision within 20 years of a 
14
previous violation of subsection (a) or
a
similar provision, if 
15
at the time of the third violation of subsection (a) or a

16
similar provision the alcohol concentration in his or her 
17
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, is guilty of a Class 4 felony and shall be subject, 
20
in
addition to any other penalty that may be imposed, to a 
21
mandatory minimum of
90 days of imprisonment and a mandatory 
22
minimum fine of $2,500.

23
    (c-15) Any person convicted of a fourth or subsequent 
24
violation of
subsection
(a) or a similar provision, if at the 
25
time of the fourth or subsequent
violation the alcohol 
26
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 
 


 






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1
        (a)
for a
second time and has been previously convicted 
2
        of violating Section 9-3 of the
Criminal Code of 1961 
3
        or a similar provision of a law of another state 
4
        relating to reckless homicide in which the person was

5
        determined to have been under the influence of alcohol, 
6
        other drug or
drugs, or intoxicating compound or 
7
        compounds as an element of the offense or
the person 
8
        has previously been convicted
under subparagraph (C) 
9
        or subparagraph (F) of this paragraph (1);


10
            (E) the person, in committing a violation of 
11
        subsection (a) while
driving at any speed in a school 
12
        speed zone at a time when a speed limit of
20 miles per 
13
        hour was in effect under subsection (a) of Section 
14
        11-605 of
this Code, was involved in a motor vehicle 
15
        accident that resulted in bodily
harm, other than great 
16
        bodily harm or permanent disability or disfigurement,

17
        to another person, when the violation of subsection (a) 
18
        was a
proximate cause
of the bodily harm; or


19
            (F) the person, in committing a violation of 
20
        subsection (a), was
involved in a motor vehicle, 
21
        snowmobile, all-terrain vehicle, or watercraft

22
        accident that resulted in
the death of another person, 
23
        when the violation of subsection
(a) was
a proximate 
24
        cause of the death;


25
            (G) the person committed the violation while he or 
26
        she did not possess a driver's license or permit or a 
 


 






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1
        restricted driving permit or a judicial driving 
2
        permit; or

3
            (H) the person committed the violation while he or 
4
        she knew or should have known that the vehicle he or 
5
        she was driving was not covered by a liability 
6
        insurance policy.

7
        (2) Except as provided in this paragraph (2) and in 
8
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
9
    person convicted of
aggravated driving under
the
influence 
10
    of alcohol, other drug or
drugs,
or intoxicating compound 
11
    or compounds, or any
combination thereof is guilty of a 
12
    Class 4 felony.  For a violation of
subparagraph (C)
of

13
    paragraph (1) of this subsection (d), the defendant, if 
14
    sentenced to a term
of imprisonment, shall be sentenced
to 
15
    not less than
one year nor more than 12 years.
Aggravated 
16
    driving under the influence of alcohol, other drug or 
17
    drugs,
or intoxicating compound or compounds, or any 
18
    combination thereof as
defined in subparagraph (F) of 
19
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
20
    for which the defendant, if sentenced to a term of

21
    imprisonment, shall be sentenced to: (A) a
term of 
22
    imprisonment of not less than 3 years and not more
than 14 
23
    years if the violation resulted in the death of one person; 
24
    or
(B) a term of imprisonment of not less than 6 years and 
25
    not
more than 28 years if the violation resulted in the 
26
    deaths of 2 or more
persons.
For any prosecution under this 
 


 






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1
    subsection
(d), a certified copy of the
driving abstract of 
2
    the defendant shall be admitted as proof of any prior

3
    conviction.
Any person sentenced under this subsection (d) 
4
    who receives a term of
probation
or conditional discharge 
5
    must serve a minimum term of either 480 hours of
community 
6
    service or 10 days of imprisonment as a condition of the 
7
    probation or
conditional discharge. This mandatory minimum 
8
    term of imprisonment or
assignment of community service may 
9
    not be suspended or reduced by the court.


10
    (e) After a finding of guilt and prior to any final 
11
sentencing, or an
order for supervision, for an offense based 
12
upon an arrest for a
violation of this Section or a similar 
13
provision of a local ordinance,
individuals shall be required 
14
to undergo a professional evaluation to
determine if an 
15
alcohol, drug, or intoxicating compound abuse problem exists

16
and the
extent of the problem, and undergo the imposition of 
17
treatment as appropriate.
Programs conducting these 
18
evaluations shall be
licensed by the Department of Human 
19
Services.  The cost of any professional
evaluation shall be paid 
20
for by the
individual
required to undergo the professional 
21
evaluation.


22
    (e-1) Any person who is found guilty of or pleads guilty to 
23
violating this
Section, including any person receiving a 
24
disposition of court supervision for
violating this Section, 
25
may be required by the Court to attend a victim
impact panel 
26
offered by, or under contract with, a County State's Attorney's

 


 






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1
office, a probation and court services department, Mothers 
2
Against Drunk
Driving,
or the Alliance Against Intoxicated 
3
Motorists.
All costs generated by
the victim impact panel shall 
4
be paid from fees collected from the
offender or as may be 
5
determined by the court.


6
    (f) Every person found guilty of violating this Section, 
7
whose
operation of a motor vehicle while in violation of this 
8
Section proximately
caused any incident resulting in an 
9
appropriate emergency response, shall
be liable for the expense 
10
of an emergency response as provided under
Section 5-5-3 of the 
11
Unified Code of Corrections.


12
    (g) The Secretary of State shall revoke the driving 
13
privileges of any
person convicted under this Section or a 
14
similar provision of a local
ordinance.


15
    (h) (Blank).



16
    (i) The Secretary of State shall require the use of 
17
ignition interlock
devices on all vehicles owned by an 
18
individual who has been convicted of a
second
or subsequent 
19
offense of this Section or a similar provision of a local

20
ordinance.  The Secretary shall establish by rule and regulation 
21
the procedures
for certification and use of the interlock 
22
system.


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


 






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


 






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1
prevention of driving while under the influence of alcohol, 
2
other drug or drugs, intoxicating compound or compounds or any 
3
combination thereof, as defined by this Section, including but 
4
not limited to the

purchase of law enforcement equipment and 
5
commodities that will assist in the prevention of
alcohol 
6
related criminal violence throughout the State; police officer 
7
training and education in areas related to alcohol related 
8
crime, including but not limited to DUI training; and police 
9
officer salaries, including but not limited to salaries for 
10
hire back funding for safety checkpoints, saturation patrols, 
11
and liquor store sting operations.


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


 






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1
and liquor store sting operations.


2
    (l) Whenever an individual is sentenced for an offense 
3
based upon an
arrest for a violation of subsection (a) or a 
4
similar provision of a local
ordinance, and the professional 
5
evaluation recommends remedial or
rehabilitative treatment or 
6
education, neither the treatment nor the education
shall be the 
7
sole disposition and either or both may be imposed only in

8
conjunction with another disposition. The court shall monitor 
9
compliance with
any remedial education or treatment 
10
recommendations contained in the
professional evaluation. 
11
Programs conducting alcohol or other drug evaluation
or 
12
remedial education must be licensed by the Department of Human 
13
Services. If
the individual is not a resident of Illinois, 
14
however, the court may accept an
alcohol or other drug 
15
evaluation or remedial education program in the
individual's 
16
state of residence.  Programs providing treatment must be 
17
licensed
under existing applicable alcoholism and drug 
18
treatment licensure standards.

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


 






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


10
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
11
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
12
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. 
13
6-28-06.)