(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood, |
| other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
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| or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
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(4) under the influence of any other drug or
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| combination of drugs to a degree that renders the person incapable of safely driving;
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(5) under the combined influence of alcohol, other
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| drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;
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(6) there is any amount of a drug, substance, or
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| compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or
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(7) the person has, within 2 hours of driving or
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| being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
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(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
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| person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
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(2) A person who violates subsection (a) or a similar
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| provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
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(3) A person who violates subsection (a) is subject
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| to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
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(4) A person who violates subsection (a) a first
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| time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
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(5) A person who violates subsection (a) a second
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| time, if at the time of the second violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
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(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation
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| of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
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(A) the person committed a violation of
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| subsection (a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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| subsection (a) while driving a school bus with one or more passengers on board;
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(C) the person in committing a violation of
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| subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
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(D) the person committed a violation of
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| subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of
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| subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;
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(F) the person, in committing a violation of
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| subsection (a), was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;
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(G) the person committed a violation of
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| subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(H) the person committed the violation while he
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| or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;
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(I) the person committed the violation while he
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| or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
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(J) the person in committing a violation of
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| subsection (a) was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;
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(K) the person in committing a second violation
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| of subsection (a) or a similar provision was transporting a person under the age of 16; or
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(L) the person committed a violation of
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| subsection (a) of this Section while transporting one or more passengers in a vehicle for-hire.
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(2)(A) Except as provided otherwise, a person
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| convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
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(B) A third violation of this Section or a similar
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| provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(C) A fourth violation of this Section or a similar
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| provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(D) A fifth violation of this Section or a similar
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| provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(E) A sixth or subsequent violation of this Section
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| or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(F) For a violation of subparagraph (C) of paragraph
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| (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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(G) A violation of subparagraph (F) of paragraph (1)
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| of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
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(H) For a violation of subparagraph (J) of paragraph
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| (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(I) A violation of subparagraph (K) of paragraph (1)
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| of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle crash, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(J) A violation of subparagraph (D) of paragraph (1)
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| of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.
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(3) Any person sentenced under this subsection (d)
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| who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory summary
alcohol, other drug or drugs, or intoxicating compound or
compounds related suspension or revocation; implied consent. (a) Any person who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed to have given
consent, subject to the provisions of Section 11-501.2, to a chemical test or
tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested,
as evidenced by the issuance of a Uniform Traffic Ticket, for any offense
as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered
even after a blood or breath test or both has
been administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining state, where
the person has been transported for medical care, to complete an
investigation and to request that the person submit to the test or tests
set forth in this Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer shall issue the person
a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic Ticket
shall not constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file the Uniform
Traffic Ticket with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant or a summons
for the person. (a-5) (Blank). (b) Any person who is dead, unconscious, or who is otherwise in a condition
rendering the person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of Section 11-501.2. (c) A person requested to submit to a test as provided above shall
be warned by the law enforcement officer requesting the test that a
refusal to submit to the test will result in the statutory summary
suspension of the person's privilege to operate a motor vehicle, as provided
in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle crash that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, will be imposed. If the person is also a CDL holder, he or she shall be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of cannabis as covered by the Cannabis Control Act, a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance, or urine, a disqualification of
the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed. A person who is under the age of 21 at the time the person is requested to
submit to a test as provided above shall, in addition to the warnings provided
for in this Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or tests provided in
paragraph (a) of this Section and the alcohol concentration in the person's
blood, other bodily substance, or breath is greater than 0.00 and less than 0.08, a
suspension of the
person's privilege to operate a motor vehicle, as provided under Sections
6-208.2 and 11-501.8 of this Code, will be imposed. The results of this test
shall be admissible in a civil or criminal action or proceeding arising from an
arrest for an offense as defined in Section 11-501 of this Code or a similar
provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions
for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test
results, however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall also immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. (e) Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph (d), the Secretary of State shall enter the
statutory summary suspension or revocation and disqualification for the periods specified in Sections
6-208.1 and 6-514, respectively,
and effective as provided in paragraph (g). If the person is a first offender as defined in Section 11-500 of this
Code, and is not convicted of a violation of Section 11-501
of this Code or a similar provision of a local ordinance, then reports
received by the Secretary of State under this Section shall, except during
the actual time the Statutory Summary Suspension is in effect, be
privileged information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information. (f) The law enforcement officer submitting the sworn report under paragraph
(d) shall serve immediate notice of the statutory summary suspension or revocation on the
person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g). (1) In cases involving a person who is not a CDL |
| holder where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine or analysis of whole blood or other bodily substance establishes a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in paragraph (g).
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(1.3) In cases involving a person who is a CDL holder
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| where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension and disqualification shall begin as provided in paragraph (g).
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(1.5) The officer shall confiscate any Illinois
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| driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in paragraph (g). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in paragraph (d).
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(2) (Blank).
(g) The statutory summary suspension or revocation and disqualification
referred to in this Section shall
take effect on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply
whenever a person is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement officer,
the Secretary of State shall confirm the statutory summary suspension or revocation by
mailing a notice of the effective date of the suspension or revocation to the person and
the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation shall not be mailed to the
person or entered to the record; instead, the sworn report shall
be
forwarded to the court of venue with a copy returned to the issuing agency
identifying any defect.
(i) As used in this Section, "personal injury" includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
(Source: P.A. 102-982, eff. 7-1-23 .)
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