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90_HB2885
625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
625 ILCS 5/6-516 from Ch. 95 1/2, par. 6-516
625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
625 ILCS 5/6-520 from Ch. 95 1/2, par. 6-520
625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
Amends the Vehicle Code DUI provisions to prohibit
driving with any amount of an intoxicating compound in a
driver's blood or urine. Effective immediately.
LRB9008734OBpk
LRB9008734OBpk
1 AN ACT concerning driving under the influence of
2 intoxicating compounds.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 2-118.1, 6-206, 6-208.1, 6-514, 6-516,
7 6-517, 6-520, 11-500, 11-501, 11-501.1, and 11-501.6 as
8 follows:
9 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
10 Sec. 2-118.1. Opportunity for hearing; statutory summary
11 alcohol or other drug related suspension.
12 (a) A statutory summary suspension of driving privileges
13 under Section 11-501.1 shall not become effective until the
14 person is notified in writing of the impending suspension and
15 informed that he may request a hearing in the circuit court
16 of venue under paragraph (b) of this Section and the
17 statutory summary suspension shall become effective as
18 provided in Section 11-501.1.
19 (b) Within 90 days after the notice of statutory summary
20 suspension served under Section 11-501.1, the person may make
21 a written request for a judicial hearing in the circuit court
22 of venue. The request to the circuit court shall state the
23 grounds upon which the person seeks to have the statutory
24 summary suspension rescinded. Within 30 days after receipt of
25 the written request or the first appearance date on the
26 Uniform Traffic Ticket issued pursuant to a violation of
27 Section 11-501, or a similar provision of a local ordinance,
28 the hearing shall be conducted by the circuit court having
29 jurisdiction. This judicial hearing, request, or process
30 shall not stay or delay the statutory summary suspension. The
31 hearings shall proceed in the court in the same manner as in
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1 other civil proceedings.
2 The hearing may be conducted upon a review of the law
3 enforcement officer's own official reports; provided however,
4 that the person may subpoena the officer. Failure of the
5 officer to answer the subpoena shall be considered grounds
6 for a continuance if in the court's discretion the
7 continuance is appropriate.
8 The scope of the hearing shall be limited to the issues
9 of:
10 1. Whether the person was placed under arrest for
11 an offense as defined in Section 11-501, or a similar
12 provision of a local ordinance, as evidenced by the
13 issuance of a Uniform Traffic Ticket, or issued a Uniform
14 Traffic Ticket out of state as provided in subsection (a)
15 of Section 11-501.1; and
16 2. Whether the officer had reasonable grounds to
17 believe that the person was driving or in actual physical
18 control of a motor vehicle upon a highway while under the
19 influence of alcohol, other drug, or combination of both;
20 and
21 3. Whether the person, after being advised by the
22 officer that the privilege to operate a motor vehicle
23 would be suspended if the person refused to submit to and
24 complete the test or tests, did refuse to submit to or
25 complete the test or tests to determine the person's
26 alcohol or drug concentration; or
27 4. Whether the person, after being advised by the
28 officer that the privilege to operate a motor vehicle
29 would be suspended if the person submits to a chemical
30 test, or tests, and the test discloses an alcohol
31 concentration of 0.08 or more, or any amount of a drug,
32 substance, or compound in the person's blood or urine
33 resulting from the unlawful use or consumption of
34 cannabis listed in the Cannabis Control Act, or a
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1 controlled substance listed in the Illinois Controlled
2 Substances Act, or an intoxicating compound listed in
3 Section 1 of the Use of Intoxicating Compounds Act, and
4 the person did submit to and complete the test or tests
5 that determined an alcohol concentration of 0.08 or more
6 or any amount of a drug, substance, or compound resulting
7 from the unlawful use or consumption of cannabis as
8 listed in the Cannabis Control Act, a controlled
9 substance as listed in the Illinois Controlled Substances
10 Act, or an intoxicating compound listed in Section 1 of
11 the Use of Intoxicating Compounds Act.
12 Upon the conclusion of the judicial hearing, the circuit
13 court shall sustain or rescind the statutory summary
14 suspension and immediately notify the Secretary of State.
15 Reports received by the Secretary of State under this Section
16 shall be privileged information and for use only by the
17 courts, police officers, and Secretary of State.
18 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)
19 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
20 Sec. 6-206. Discretionary authority to suspend or revoke
21 license or permit; Right to a hearing.
22 (a) The Secretary of State is authorized to suspend or
23 revoke the driving privileges of any person without
24 preliminary hearing upon a showing of the person's records or
25 other sufficient evidence that the person:
26 1. Has committed an offense for which mandatory
27 revocation of a driver's license or permit is required
28 upon conviction;
29 2. Has been convicted of not less than 3 offenses
30 against traffic regulations governing the movement of
31 vehicles committed within any 12 month period. No
32 revocation or suspension shall be entered more than 6
33 months after the date of last conviction;
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1 3. Has been repeatedly involved as a driver in
2 motor vehicle collisions or has been repeatedly convicted
3 of offenses against laws and ordinances regulating the
4 movement of traffic, to a degree that indicates lack of
5 ability to exercise ordinary and reasonable care in the
6 safe operation of a motor vehicle or disrespect for the
7 traffic laws and the safety of other persons upon the
8 highway;
9 4. Has by the unlawful operation of a motor vehicle
10 caused or contributed to an accident resulting in death
11 or injury requiring immediate professional treatment in a
12 medical facility or doctor's office to any person, except
13 that any suspension or revocation imposed by the
14 Secretary of State under the provisions of this
15 subsection shall start no later than 6 months after being
16 convicted of violating a law or ordinance regulating the
17 movement of traffic, which violation is related to the
18 accident, or shall start not more than one year after the
19 date of the accident, whichever date occurs later;
20 5. Has permitted an unlawful or fraudulent use of a
21 driver's license, identification card, or permit;
22 6. Has been lawfully convicted of an offense or
23 offenses in another state, including the authorization
24 contained in Section 6-203.1, which if committed within
25 this State would be grounds for suspension or revocation;
26 7. Has refused or failed to submit to an
27 examination provided for by Section 6-207 or has failed
28 to pass the examination;
29 8. Is ineligible for a driver's license or permit
30 under the provisions of Section 6-103;
31 9. Has made a false statement or knowingly
32 concealed a material fact or has used false information
33 or identification in any application for a license,
34 identification card, or permit;
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1 10. Has possessed, displayed, or attempted to
2 fraudulently use any license, identification card, or
3 permit not issued to the person;
4 11. Has operated a motor vehicle upon a highway of
5 this State when the person's driving privilege or
6 privilege to obtain a driver's license or permit was
7 revoked or suspended unless the operation was authorized
8 by a judicial driving permit, probationary license to
9 drive, or a restricted driving permit issued under this
10 Code;
11 12. Has submitted to any portion of the application
12 process for another person or has obtained the services
13 of another person to submit to any portion of the
14 application process for the purpose of obtaining a
15 license, identification card, or permit for some other
16 person;
17 13. Has operated a motor vehicle upon a highway of
18 this State when the person's driver's license or permit
19 was invalid under the provisions of Sections 6-107.1 and
20 6-110;
21 14. Has committed a violation of Section 6-301,
22 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
23 14B of the Illinois Identification Card Act;
24 15. Has been convicted of violating Section 21-2 of
25 the Criminal Code of 1961 relating to criminal trespass
26 to vehicles in which case, the suspension shall be for
27 one year;
28 16. Has been convicted of violating Section 11-204
29 of this Code relating to fleeing from a police officer;
30 17. Has refused to submit to a test, or tests, as
31 required under Section 11-501.1 of this Code and the
32 person has not sought a hearing as provided for in
33 Section 11-501.1;
34 18. Has, since issuance of a driver's license or
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1 permit, been adjudged to be afflicted with or suffering
2 from any mental disability or disease;
3 19. Has committed a violation of paragraph (a) or
4 (b) of Section 6-101 relating to driving without a
5 driver's license;
6 20. Has been convicted of violating Section 6-104
7 relating to classification of driver's license;
8 21. Has been convicted of violating Section 11-402
9 of this Code relating to leaving the scene of an accident
10 resulting in damage to a vehicle in excess of $1,000, in
11 which case the suspension shall be for one year;
12 22. Has used a motor vehicle in violating paragraph
13 (3), (4), (7), or (9) of subsection (a) of Section 24-1
14 of the Criminal Code of 1961 relating to unlawful use of
15 weapons, in which case the suspension shall be for one
16 year;
17 23. Has, as a driver, been convicted of committing
18 a violation of paragraph (a) of Section 11-502 of this
19 Code for a second or subsequent time within one year of a
20 similar violation;
21 24. Has been convicted by a court-martial or
22 punished by non-judicial punishment by military
23 authorities of the United States at a military
24 installation in Illinois of or for a traffic related
25 offense that is the same as or similar to an offense
26 specified under Section 6-205 or 6-206 of this Code;
27 25. Has permitted any form of identification to be
28 used by another in the application process in order to
29 obtain or attempt to obtain a license, identification
30 card, or permit;
31 26. Has altered or attempted to alter a license or
32 has possessed an altered license, identification card, or
33 permit;
34 27. Has violated Section 6-16 of the Liquor Control
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1 Act of 1934;
2 28. Has been convicted of the illegal possession,
3 while operating or in actual physical control, as a
4 driver, of a motor vehicle, of any controlled substance
5 prohibited under the Illinois Controlled Substances Act
6 or any cannabis prohibited under the provisions of the
7 Cannabis Control Act, in which case the person's driving
8 privileges shall be suspended for one year, and any
9 driver who is convicted of a second or subsequent
10 offense, within 5 years of a previous conviction, for the
11 illegal possession, while operating or in actual physical
12 control, as a driver, of a motor vehicle, of any
13 controlled substance prohibited under the provisions of
14 the Illinois Controlled Substances Act or any cannabis
15 prohibited under the Cannabis Control Act shall be
16 suspended for 5 years. Any defendant found guilty of this
17 offense while operating a motor vehicle, shall have an
18 entry made in the court record by the presiding judge
19 that this offense did occur while the defendant was
20 operating a motor vehicle and order the clerk of the
21 court to report the violation to the Secretary of State;
22 29. Has been convicted of the following offenses
23 that were committed while the person was operating or in
24 actual physical control, as a driver, of a motor vehicle:
25 criminal sexual assault, predatory criminal sexual
26 assault of a child, aggravated criminal sexual assault,
27 criminal sexual abuse, aggravated criminal sexual abuse,
28 juvenile pimping, soliciting for a juvenile prostitute
29 and the manufacture, sale or delivery of controlled
30 substances or instruments used for illegal drug use or
31 abuse in which case the driver's driving privileges shall
32 be suspended for one year;
33 30. Has been convicted a second or subsequent time
34 for any combination of the offenses named in paragraph 29
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1 of this subsection, in which case the person's driving
2 privileges shall be suspended for 5 years;
3 31. Has refused to submit to a test as required by
4 Section 11-501.6 or has submitted to a test resulting in
5 an alcohol concentration of 0.08 or more or any amount of
6 a drug, substance, or compound resulting from the
7 unlawful use or consumption of cannabis as listed in the
8 Cannabis Control Act, or a controlled substance as listed
9 in the Illinois Controlled Substances Act, or an
10 intoxicating compound listed in Section 1 of the Use of
11 Intoxicating Compounds Act, in which case the penalty
12 shall be as prescribed in Section 6-208.1;
13 32. Has been convicted of Section 24-1.2 of the
14 Criminal Code of 1961 relating to the aggravated
15 discharge of a firearm if the offender was located in a
16 motor vehicle at the time the firearm was discharged, in
17 which case the suspension shall be for 3 years;
18 33. Has as a driver, who was less than 21 years of
19 age on the date of the offense, been convicted a first
20 time of a violation of paragraph (a) of Section 11-502 of
21 this Code or a similar provision of a local ordinance; or
22 34. Has committed a violation of Section 11-1301.5
23 of this Code; or
24 35. Has committed a violation of Section 11-1301.6
25 of this Code; or.
26 36. 34. Is under the age of 21 years at the time of
27 arrest and has been convicted of not less than 2
28 offenses against traffic regulations governing the
29 movement of vehicles committed within any 24 month
30 period. No revocation or suspension shall be entered
31 more than 6 months after the date of last conviction.
32 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
33 and 27 of this subsection, license means any driver's
34 license, any traffic ticket issued when the person's driver's
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1 license is deposited in lieu of bail, a suspension notice
2 issued by the Secretary of State, a duplicate or corrected
3 driver's license, a probationary driver's license or a
4 temporary driver's license.
5 (b) If any conviction forming the basis of a suspension
6 or revocation authorized under this Section is appealed, the
7 Secretary of State may rescind or withhold the entry of the
8 order of suspension or revocation, as the case may be,
9 provided that a certified copy of a stay order of a court is
10 filed with the Secretary of State. If the conviction is
11 affirmed on appeal, the date of the conviction shall relate
12 back to the time the original judgment of conviction was
13 entered and the 6 month limitation prescribed shall not
14 apply.
15 (c) 1. Upon suspending or revoking the driver's license
16 or permit of any person as authorized in this Section,
17 the Secretary of State shall immediately notify the
18 person in writing of the revocation or suspension. The
19 notice to be deposited in the United States mail, postage
20 prepaid, to the last known address of the person.
21 2. If the Secretary of State suspends the driver's
22 license of a person under subsection 2 of paragraph (a)
23 of this Section, a person's privilege to operate a
24 vehicle as an occupation shall not be suspended, provided
25 an affidavit is properly completed, the appropriate fee
26 received, and a permit issued prior to the effective date
27 of the suspension, unless 5 offenses were committed, at
28 least 2 of which occurred while operating a commercial
29 vehicle in connection with the driver's regular
30 occupation. All other driving privileges shall be
31 suspended by the Secretary of State. Any driver prior to
32 operating a vehicle for occupational purposes only must
33 submit the affidavit on forms to be provided by the
34 Secretary of State setting forth the facts of the
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1 person's occupation. The affidavit shall also state the
2 number of offenses committed while operating a vehicle in
3 connection with the driver's regular occupation. The
4 affidavit shall be accompanied by the driver's license.
5 Upon receipt of a properly completed affidavit, the
6 Secretary of State shall issue the driver a permit to
7 operate a vehicle in connection with the driver's regular
8 occupation only. Unless the permit is issued by the
9 Secretary of State prior to the date of suspension, the
10 privilege to drive any motor vehicle shall be suspended
11 as set forth in the notice that was mailed under this
12 Section. If an affidavit is received subsequent to the
13 effective date of this suspension, a permit may be issued
14 for the remainder of the suspension period.
15 The provisions of this subparagraph shall not apply
16 to any driver required to obtain a commercial driver's
17 license under Section 6-507 during the period of a
18 disqualification of commercial driving privileges under
19 Section 6-514.
20 Any person who falsely states any fact in the
21 affidavit required herein shall be guilty of perjury
22 under Section 6-302 and upon conviction thereof shall
23 have all driving privileges revoked without further
24 rights.
25 3. At the conclusion of a hearing under Section
26 2-118 of this Code, the Secretary of State shall either
27 rescind or continue an order of revocation or shall
28 substitute an order of suspension; or, good cause
29 appearing therefor, rescind, continue, change, or extend
30 the order of suspension. If the Secretary of State does
31 not rescind the order, the Secretary may upon
32 application, to relieve undue hardship, issue a
33 restricted driving permit granting the privilege of
34 driving a motor vehicle between the petitioner's
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1 residence and petitioner's place of employment or within
2 the scope of his employment related duties, or to allow
3 transportation for the petitioner, or a household member
4 of the petitioner's family, to receive necessary medical
5 care and if the professional evaluation indicates,
6 provide transportation for alcohol remedial or
7 rehabilitative activity, or for the petitioner to attend
8 classes, as a student, in an accredited educational
9 institution; if the petitioner is able to demonstrate
10 that no alternative means of transportation is reasonably
11 available and the petitioner will not endanger the public
12 safety or welfare. In each case the Secretary may issue a
13 restricted driving permit for a period deemed
14 appropriate, except that all permits shall expire within
15 one year from the date of issuance. A restricted driving
16 permit issued under this Section shall be subject to
17 cancellation, revocation, and suspension by the Secretary
18 of State in like manner and for like cause as a driver's
19 license issued under this Code may be cancelled, revoked,
20 or suspended; except that a conviction upon one or more
21 offenses against laws or ordinances regulating the
22 movement of traffic shall be deemed sufficient cause for
23 the revocation, suspension, or cancellation of a
24 restricted driving permit. The Secretary of State may, as
25 a condition to the issuance of a restricted driving
26 permit, require the applicant to participate in a
27 designated driver remedial or rehabilitative program. The
28 Secretary of State is authorized to cancel a restricted
29 driving permit if the permit holder does not successfully
30 complete the program.
31 (c-5) The Secretary of State may, as a condition of the
32 reissuance of a driver's license or permit to an applicant
33 under the age of 18 years whose driver's license or permit
34 has been suspended pursuant to any of the provisions of this
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1 Section, require the applicant to participate in a driver
2 remedial education course and be retested under Section 6-109
3 of this Code.
4 (d) This Section is subject to the provisions of the
5 Drivers License Compact.
6 (e) The Secretary of State shall not issue a restricted
7 driving permit to a person under the age of 16 years whose
8 driving privileges have been suspended or revoked under any
9 provisions of this Code.
10 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
12 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
13 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
14 Sec. 6-208.1. Period of statutory summary alcohol or
15 other drug related suspension.
16 (a) Unless the statutory summary suspension has been
17 rescinded, any person whose privilege to drive a motor
18 vehicle on the public highways has been summarily suspended,
19 pursuant to Section 11-501.1, shall not be eligible for
20 restoration of the privilege until the expiration of:
21 1. Six months from the effective date of the
22 statutory summary suspension for a refusal or failure to
23 complete a test or tests to determine the alcohol or drug
24 concentration, pursuant to Section 11-501.1; or
25 2. Three months from the effective date of the
26 statutory summary suspension imposed following the
27 person's submission to a chemical test which disclosed an
28 alcohol concentration of 0.08 or more, or any amount of a
29 drug, substance or compound in such person's blood or
30 urine resulting from the unlawful use or consumption of
31 cannabis listed in the Cannabis Control Act, or a
32 controlled substance listed in the Illinois Controlled
33 Substances Act, or an intoxicating compound listed in
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1 Section 1 of the Use of Intoxicating Compounds Act,
2 pursuant to Section 11-501.1; or
3 3. Two years from the effective date of the
4 statutory summary suspension for any person other than a
5 first offender who refuses or fails to complete a test or
6 tests to determine the alcohol or drug concentration
7 pursuant to Section 11-501.1; or
8 4. One year from the effective date of the summary
9 suspension imposed for any person other than a first
10 offender following submission to a chemical test which
11 disclosed an alcohol concentration of 0.08 or more
12 pursuant to Section 11-501.1 or any amount of a drug,
13 substance or compound in such person's blood or urine
14 resulting from the unlawful use or consumption of
15 cannabis listed in the Cannabis Control Act, or a
16 controlled substance listed in the Illinois Controlled
17 Substances Act, or an intoxicating compound listed in
18 Section 1 of the Use of Intoxicating Compounds Act.
19 (b) Following a statutory summary suspension of the
20 privilege to drive a motor vehicle under Section 11-501.1,
21 full driving privileges shall be restored unless the person
22 is otherwise disqualified by this Code. If the court has
23 reason to believe that the person's driving privilege should
24 not be restored, the court shall notify the Secretary of
25 State prior to the expiration of the statutory summary
26 suspension so appropriate action may be taken pursuant to
27 this Code.
28 (c) Full driving privileges may not be restored until
29 all applicable reinstatement fees, as provided by this Code,
30 have been paid to the Secretary of State and the appropriate
31 entry made to the driver's record.
32 (d) Where a driving privilege has been summarily
33 suspended under Section 11-501.1 and the person is
34 subsequently convicted of violating Section 11-501, or a
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1 similar provision of a local ordinance, for the same
2 incident, any period served on statutory summary suspension
3 shall be credited toward the minimum period of revocation of
4 driving privileges imposed pursuant to Section 6-205.
5 (e) Following a statutory summary suspension of driving
6 privileges pursuant to Section 11-501.1, for a first
7 offender, the circuit court may, after at least 30 days from
8 the effective date of the statutory summary suspension, issue
9 a judicial driving permit as provided in Section 6-206.1.
10 (f) Subsequent to an arrest of a first offender, for any
11 offense as defined in Section 11-501 or a similar provision
12 of a local ordinance, following a statutory summary
13 suspension of driving privileges pursuant to Section
14 11-501.1, for a first offender, the circuit court may issue a
15 court order directing the Secretary of State to issue a
16 judicial driving permit as provided in Section 6-206.1.
17 However, this JDP shall not be effective prior to the 31st
18 day of the statutory summary suspension.
19 (g) Following a statutory summary suspension of driving
20 privileges pursuant to Section 11-501.1 where the person was
21 not a first offender, as defined in Section 11-500 and such
22 person refused or failed to complete a test or tests to
23 determine the alcohol or drug concentration pursuant to
24 Section 11-501.1, the Secretary of State shall not issue a
25 restricted driving permit.
26 (h) Following a statutory summary suspension of driving
27 privileges pursuant to Section 11-501.1 where the person was
28 not a first offender as defined in Section 11-500 and such
29 person submitted to a chemical test which disclosed an
30 alcohol concentration of 0.08 or more pursuant to Section
31 11-501.1, the Secretary of State may, after at least 90 days
32 from the effective date of the statutory summary suspension,
33 issue a restricted driving permit.
34 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
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1 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
2 Sec. 6-514. Commercial Driver's License (CDL) -
3 Disqualifications.
4 (a) A person shall be disqualified from driving a
5 commercial motor vehicle for a period of not less than 12
6 months for the first violation of:
7 (1) Refusing to submit to or failure to complete a
8 test or tests to determine the driver's blood
9 concentration of alcohol, other drug, or both, while
10 driving a commercial motor vehicle; or
11 (2) Operating a commercial motor vehicle while the
12 alcohol concentration of the person's blood, breath or
13 urine is at least 0.04, or any amount of a drug,
14 substance, or compound in the person's blood or urine
15 resulting from the unlawful use or consumption of
16 cannabis listed in the Cannabis Control Act, or a
17 controlled substance listed in the Illinois Controlled
18 Substances Act, or an intoxicating compound listed in
19 Section 1 of the Use of Intoxicating Compounds Act as
20 indicated by a police officer's sworn report or other
21 verified evidence; or
22 (3) Conviction for a first violation of:
23 (i) Driving a commercial motor vehicle while
24 under the influence of alcohol, or any other drug,
25 or combination of drugs to a degree which renders
26 such person incapable of safely driving; or
27 (ii) Knowingly and wilfully leaving the scene
28 of an accident while operating a commercial motor
29 vehicle; or
30 (iii) Driving a commercial motor vehicle while
31 committing any felony.
32 If any of the above violations or refusals occurred
33 while transporting hazardous material(s) required to be
34 placarded, the person shall be disqualified for a period
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1 of not less than 3 years.
2 (b) A person is disqualified for life for a second
3 conviction of any of the offenses specified in paragraph (a),
4 or any combination of those offenses, arising from 2 or more
5 separate incidents.
6 (c) A person is disqualified from driving a commercial
7 motor vehicle for life who uses a commercial motor vehicle in
8 the commission of any felony involving the manufacture,
9 distribution, or dispensing of a controlled substance, or
10 possession with intent to manufacture, distribute or dispense
11 a controlled substance.
12 (d) The Secretary of State may, when the United States
13 Secretary of Transportation so authorizes, issue regulations
14 in which a disqualification for life under paragraph (b) may
15 be reduced to a period of not less than 10 years. If a
16 reinstated driver is subsequently convicted of another
17 disqualifying offense, as specified in subsection (a) of this
18 Section, he or she shall be permanently disqualified for life
19 and shall be ineligible to again apply for a reduction of the
20 lifetime disqualification.
21 (e) A person is disqualified from driving a commercial
22 motor vehicle for a period of not less than 2 months if
23 convicted of 2 serious traffic violations, committed in a
24 commercial motor vehicle, arising from separate incidents,
25 occurring within a 3 year period. However, a person will be
26 disqualified from driving a commercial motor vehicle for a
27 period of not less than 4 months if convicted of 3 serious
28 traffic violations, committed in a commercial motor vehicle,
29 arising from separate incidents, occurring within a 3 year
30 period.
31 (f) Notwithstanding any other provision of this Code,
32 any driver disqualified from operating a commercial motor
33 vehicle, pursuant to this UCDLA, shall not be eligible for
34 restoration of commercial driving privileges during any such
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1 period of disqualification.
2 (g) After suspending, revoking, or cancelling a
3 commercial driver's license, the Secretary of State must
4 update the driver's records to reflect such action within 10
5 days. After suspending or revoking the driving privilege of
6 any person who has been issued a CDL or commercial driver
7 instruction permit from another jurisdiction, the Secretary
8 shall originate notification to such issuing jurisdiction
9 within 10 days.
10 (h) The "disqualifications" referred to in this Section
11 shall not be imposed upon any commercial motor vehicle
12 driver, by the Secretary of State, unless the prohibited
13 action(s) occurred after March 31, 1992.
14 (i) A person is disqualified from driving a commercial
15 motor vehicle in accordance with the following:
16 (1) For 6 months upon a first conviction of
17 paragraph (2) of subsection (b) of Section 6-507 of this
18 Code.
19 (2) For one year upon a second conviction of
20 paragraph (2) of subsection (b) of Section 6-507 of this
21 Code within a 10-year period.
22 (3) For 3 years upon a third or subsequent
23 conviction of paragraph (2) of subsection (b) of Section
24 6-507 of this Code within a 10-year period.
25 (4) For one year upon a first conviction of
26 paragraph (3) of subsection (b) of Section 6-507 of this
27 Code.
28 (5) For 3 years upon a second conviction of
29 paragraph (3) of subsection (b) of Section 6-507 of this
30 Code within a 10-year period.
31 (6) For 5 years upon a third or subsequent
32 conviction of paragraph (3) of subsection (b) of Section
33 6-507 of this Code within a 10-year period.
34 (Source: P.A. 89-245, eff. 1-1-96; 90-422, eff. 1-1-98.)
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1 (625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
2 Sec. 6-516. Implied consent requirements for commercial
3 motor vehicle drivers.
4 (a) Effective April 1, 1992, any person who drives a
5 commercial motor vehicle upon the highways is hereby deemed
6 to have given consent to submit to a test or tests, subject
7 to the provisions of Section 11-501.2 of this Code, of such
8 person's breath, blood or urine for the purpose of
9 determining the presence of alcohol, or other drugs, in such
10 person's system.
11 (b) A test or tests may be administered at the direction
12 of a law enforcement officer, who after stopping or detaining
13 the commercial motor vehicle driver, has probable cause to
14 believe that driver was driving a commercial motor vehicle
15 while having alcohol or any amount of a drug, substance, or
16 compound resulting from the unlawful use or consumption of
17 cannabis listed in the Cannabis Control Act, or a controlled
18 substance listed in the Illinois Controlled Substances Act,
19 or an intoxicating compound listed in Section 1 of the Use of
20 Intoxicating Compounds Act in such driver's system.
21 (c) Effective April 1, 1992, any person who operates a
22 school bus at the time of an accident involving the school
23 bus is hereby deemed to have given consent to submit to a
24 test or tests to be administered at the direction of a law
25 enforcement officer, subject to the provisions of Section
26 11-501.2 of this Code, of the driver's breath, blood or urine
27 for the purpose of determining the presence of alcohol, or
28 other drugs, in the person's system.
29 (Source: P.A. 88-212.)
30 (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
31 Sec. 6-517. Commercial driver-implied consent warnings.
32 (a) Any person driving a commercial motor vehicle who is
33 requested by a police officer, pursuant to Section 6-516, to
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1 submit to a chemical test or tests to determine the alcohol
2 concentration or any amount of a drug, substance, or compound
3 resulting from the unlawful use or consumption of cannabis
4 listed in the Cannabis Control Act, or a controlled substance
5 listed in the Illinois Controlled Substances Act, or an
6 intoxicating compound listed in Section 1 of the Use of
7 Intoxicating Compounds Act in such person's system, must be
8 warned by the police officer requesting the test or tests
9 that a refusal to submit to the test or tests will result in
10 that person being immediately placed out-of-service for a
11 period of 24 hours and being disqualified from operating a
12 commercial motor vehicle for a period of not less than 12
13 months; the person shall also be warned that if such person
14 submits to testing which discloses an alcohol concentration
15 of greater than 0.00 but less than 0.04 or any amount of a
16 drug, substance, or compound in such person's blood or urine
17 resulting from the unlawful use or consumption of cannabis
18 listed in the Cannabis Control Act, or a controlled substance
19 listed in the Illinois Controlled Substances Act, or an
20 intoxicating compound listed in Section 1 of the Use of
21 Intoxicating Compounds Act, such person shall be placed
22 immediately out-of-service for a period of 24 hours; if the
23 person submits to testing which discloses an alcohol
24 concentration of 0.04 or more or any amount of a drug,
25 substance, or compound in such person's blood or urine
26 resulting from the unlawful use or consumption of cannabis
27 listed in the Cannabis Control Act, or a controlled substance
28 listed in the Illinois Controlled Substances Act, or an
29 intoxicating compound listed in Section 1 of the Use of
30 Intoxicating Compounds Act, such person shall be placed
31 immediately out-of-service and disqualified from driving a
32 commercial motor vehicle for a period of at least 12 months;
33 also the person shall be warned that if such testing
34 discloses an alcohol concentration of 0.08, or more or any
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1 amount of a drug, substance, or compound in such person's
2 blood or urine resulting from the unlawful use or consumption
3 of cannabis listed in the Cannabis Control Act, or a
4 controlled substance listed in the Illinois Controlled
5 Substances Act, or an intoxicating compound listed in Section
6 1 of the Use of Intoxicating Compounds Act, in addition to
7 the person being immediately placed out-of-service and
8 disqualified for 12 months as provided in this UCDLA, the
9 results of such testing shall also be admissible in
10 prosecutions for violations of Section 11-501 of this Code,
11 or similar violations of local ordinances, however, such
12 results shall not be used to impose any driving sanctions
13 pursuant to Section 11-501.1 of this Code.
14 The person shall also be warned that any disqualification
15 imposed pursuant to this Section, shall be for life for any
16 such offense or refusal, or combination thereof; including a
17 conviction for violating Section 11-501 while driving a
18 commercial motor vehicle, or similar provisions of local
19 ordinances, committed a second time involving separate
20 incidents.
21 (b) If the person refuses or fails to complete testing,
22 or submits to a test which discloses an alcohol concentration
23 of at least 0.04, or any amount of a drug, substance, or
24 compound in such person's blood or urine resulting from the
25 unlawful use or consumption of cannabis listed in the
26 Cannabis Control Act, or a controlled substance listed in the
27 Illinois Controlled Substances Act, or an intoxicating
28 compound listed in Section 1 of the Use of Intoxicating
29 Compounds Act, the law enforcement officer must submit a
30 Sworn Report to the Secretary of State, in a form prescribed
31 by the Secretary, certifying that the test or tests was
32 requested pursuant to paragraph (a); that the person was
33 warned, as provided in paragraph (a) and that such person
34 refused to submit to or failed to complete testing, or
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1 submitted to a test which disclosed an alcohol concentration
2 of 0.04 or more, or any amount of a drug, substance, or
3 compound in such person's blood or urine resulting from the
4 unlawful use or consumption of cannabis listed in the
5 Cannabis Control Act, or a controlled substance listed in the
6 Illinois Controlled Substances Act, or an intoxicating
7 compound listed in Section 1 of the Use of Intoxicating
8 Compounds Act.
9 (c) The police officer submitting the Sworn Report under
10 this Section shall serve notice of the CDL disqualification
11 on the person and such CDL disqualification shall be
12 effective as provided in paragraph (d). In cases where the
13 blood alcohol concentration of 0.04 or more, or any amount of
14 a drug, substance, or compound in such person's blood or
15 urine resulting from the unlawful use or consumption of
16 cannabis listed in the Cannabis Control Act, or a controlled
17 substance listed in the Illinois Controlled Substances Act,
18 or an intoxicating compound listed in Section 1 of the Use of
19 Intoxicating Compounds Act is established by subsequent
20 analysis of blood or urine collected at the time of the
21 request, the police officer shall give notice as provided in
22 this Section or by deposit in the United States mail of such
23 notice as provided in this Section or by deposit in the
24 United States mail of such notice in an envelope with postage
25 prepaid and addressed to such persons' domiciliary address as
26 shown on the Sworn Report and the CDL disqualification shall
27 begin as provided in paragraph (d).
28 (d) The CDL disqualification referred to in this Section
29 shall take effect on the 46th day following the date the
30 Sworn Report was given to the affected person.
31 (e) Upon receipt of the Sworn Report from the police
32 officer, the Secretary of State shall disqualify the person
33 from driving any commercial motor vehicle and shall confirm
34 the CDL disqualification by mailing the notice of the
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1 effective date to the person. However, should the Sworn
2 Report be defective by not containing sufficient information
3 or be completed in error, the confirmation of the CDL
4 disqualification shall not be mailed to the affected person
5 or entered into the record, instead the Sworn Report shall be
6 forwarded to the issuing agency identifying any such defect.
7 (Source: P.A. 90-43, eff. 7-2-97.)
8 (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
9 Sec. 6-520. CDL disqualification or out-of-service
10 order; hearing.
11 (a) A disqualification of commercial driving privileges
12 by the Secretary of State, pursuant to this UCDLA, shall not
13 become effective until the person is notified in writing, by
14 the Secretary, of the impending disqualification and advised
15 that a CDL hearing may be requested.
16 (b) Upon receipt of the notice of a CDL disqualification
17 not based upon a conviction, an out-of-service order, or
18 notification that a CDL disqualification is forthcoming, the
19 person may make a written petition in a form, approved by the
20 Secretary of State, for a CDL hearing. Such petition must
21 state the grounds upon which the person seeks to have the CDL
22 disqualification rescinded or the out-of-service order
23 removed from the person's driving record. Within 10 days
24 after the receipt of such petition, it shall be reviewed by
25 the Director of the Department of Administrative Hearings,
26 Office of the Secretary of State, or by an appointed
27 designee. If it is determined that the petition on its face
28 does not state grounds upon which the relief may be based,
29 the petition for a CDL hearing shall be denied and the
30 disqualification shall become effective as if no petition had
31 been filed and the out-of-service order shall be sustained.
32 If such petition is so denied, the person may submit another
33 petition.
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1 (c) The scope of a CDL hearing, for any disqualification
2 imposed pursuant to paragraphs (1) and (2) of subsection (a)
3 of Section 6-514 shall be limited to the following issues:
4 1. Whether the person was operating a commercial
5 motor vehicle;
6 2. Whether, after making the initial stop, the
7 police officer had probable cause to issue a Sworn
8 Report;
9 3. Whether the person was verbally warned of the
10 ensuing consequences prior to submitting to any type of
11 chemical test or tests to determine such person's blood
12 concentration of alcohol, other drug, or both; and
13 4. Whether the person did refuse to submit to or
14 failed to complete the chemical testing or did submit to
15 such test or tests and such test or tests disclosed an
16 alcohol concentration of at least 0.04 or any amount of a
17 drug, substance, or compound resulting from the unlawful
18 use or consumption of cannabis listed in the Cannabis
19 Control Act, or a controlled substance listed in the
20 Illinois Controlled Substances Act, or an intoxicating
21 compound listed in Section 1 of the Use of Intoxicating
22 Compounds Act in the person's system.
23 5. Whether the person was warned that if the test
24 or tests disclosed an alcohol concentration of 0.08 or
25 more or any amount of a drug, substance, or compound
26 resulting from the unlawful use or consumption of
27 cannabis listed in the Cannabis Control Act, or a
28 controlled substance listed in the Illinois Controlled
29 Substances Act, or an intoxicating compound listed in
30 Section 1 of the Use of Intoxicating Compounds Act, such
31 results could be admissible in a subsequent prosecution
32 under Section 11-501 of this Code or similar provision of
33 local ordinances; and
34 6. That such results could not be used to impose
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1 any driver's license sanctions pursuant to Section
2 11-501.1.
3 Upon the conclusion of the above CDL hearing, the CDL
4 disqualification imposed shall either be sustained or
5 rescinded.
6 (d) The scope of a CDL hearing for any out-of-service
7 sanction, imposed pursuant to Section 6-515, shall be limited
8 to the following issues:
9 1. Whether the person was driving a commercial
10 motor vehicle;
11 2. Whether, while driving such commercial motor
12 vehicle, the person had alcohol or any amount of a drug,
13 substance, or compound resulting from the unlawful use
14 or consumption of cannabis listed in the Cannabis Control
15 Act, or a controlled substance listed in the Illinois
16 Controlled Substances Act, or an intoxicating compound
17 listed in Section 1 of the Use of Intoxicating Compounds
18 Act in such person's system; or
19 3. Whether the person was verbally warned of the
20 ensuing consequences prior to being asked to submit to
21 any type of chemical test or tests to determine such
22 person's alcohol, other drug, or both, concentration; and
23 4. Whether, after being so warned, the person did
24 refuse to submit to or failed to complete such chemical
25 test or tests or did submit to such test or tests and
26 such test or tests disclosed an alcohol concentration
27 greater than 0.00 or any amount of a drug, substance, or
28 compound resulting from the unlawful use or consumption
29 of cannabis listed in the Cannabis Control Act, or a
30 controlled substance listed in the Illinois Controlled
31 Substances Act, or an intoxicating compound listed in
32 Section 1 of the Use of Intoxicating Compounds Act. Upon
33 the conclusion of the above CDL hearing, the
34 out-of-service sanction shall either be sustained or
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1 removed from the person's driving record.
2 (e) If any person petitions for a hearing relating to
3 any CDL disqualification based upon a conviction, as defined
4 in this UCDLA, said hearing shall not be conducted as a CDL
5 hearing, but shall be conducted as any other driver's license
6 hearing, whether formal or informal, as promulgated in the
7 rules and regulations of the Secretary.
8 (f) Any evidence of alcohol or other drug consumption,
9 for the purposes of this UCDLA, shall be sufficient probable
10 cause for requesting the driver to submit to a chemical test
11 or tests to determine the presence of alcohol, other drug, or
12 both in the person's system and the subsequent issuance of an
13 out-of-service order or a Sworn Report by a police officer.
14 (g) For the purposes of this UCDLA, a CDL "hearing"
15 shall mean a hearing before the Office of the Secretary of
16 State in accordance with Section 2-118 of this Code, for the
17 purpose of resolving differences or disputes specifically
18 related to the scope of the issues identified in this
19 Section. These proceedings will be a matter of record and a
20 final appealable order issued. The petition for a CDL
21 hearing shall not stay or delay the effective date of the
22 impending disqualification.
23 (h) The CDL hearing may be conducted upon a review of
24 the police officer's own official reports; provided however,
25 that the petitioner may subpoena the officer. Failure of the
26 officer to answer the subpoena shall be grounds for a
27 continuance.
28 (Source: P.A. 90-43, eff. 7-2-97.)
29 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
30 Sec. 11-500. Definitions. For the purposes of
31 interpreting Sections 6-206.1 and 6-208.1 of this Code,
32 "first offender" shall mean any person who has not had a
33 previous conviction or court assigned supervision for
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1 violating Section 11-501, or a similar provision of a local
2 ordinance, or a conviction in any other state for a violation
3 of driving while under the influence or a similar offense
4 where the cause of action is the same or substantially
5 similar to this Code or any person who has not had a driver's
6 license suspension for violating Section 11-501.1 within 5
7 years prior to the date of the current offense, except in
8 cases where the driver submitted to chemical testing
9 resulting in an alcohol concentration of 0.08 or more, or any
10 amount of a drug, substance, or compound in such person's
11 blood or urine resulting from the unlawful use or consumption
12 of cannabis listed in the Cannabis Control Act, or a
13 controlled substance listed in the Illinois Controlled
14 Substances Act, or an intoxicating compound listed in Section
15 1 of the Use of Intoxicating Compounds Act and was
16 subsequently found not guilty of violating Section 11-501, or
17 a similar provision of a local ordinance.
18 (Source: P.A. 90-43, eff. 7-2-97.)
19 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
20 Sec. 11-501. Driving while under the influence of
21 alcohol, other drug, or combination of both.
22 (a) A person shall not drive or be in actual physical
23 control of any vehicle within this State while:
24 (1) the alcohol concentration in the person's blood
25 or breath is 0.08 or more based on the definition of
26 blood and breath units in Section 11-501.2;
27 (2) under the influence of alcohol;
28 (3) under the influence of any other drug or
29 combination of drugs to a degree that renders the person
30 incapable of safely driving;
31 (4) under the combined influence of alcohol and any
32 other drug or drugs to a degree that renders the person
33 incapable of safely driving; or
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1 (5) there is any amount of a drug, substance, or
2 compound in the person's blood or urine resulting from
3 the unlawful use or consumption of cannabis listed in the
4 Cannabis Control Act, or a controlled substance listed in
5 the Illinois Controlled Substances Act, or an
6 intoxicating compound listed in Section 1 of the Use of
7 Intoxicating Compounds Act.
8 (b) The fact that any person charged with violating this
9 Section is or has been legally entitled to use alcohol, or
10 other drugs, or any combination of both, shall not
11 constitute a defense against any charge of violating this
12 Section.
13 (c) Except as provided under paragraphs (c-3) and (d) of
14 this Section, every person convicted of violating this
15 Section or a similar provision of a local ordinance, shall be
16 guilty of a Class A misdemeanor and, in addition to any other
17 criminal or administrative action, for any second conviction
18 of violating this Section or a similar provision of a law of
19 another state or local ordinance committed within 5 years of
20 a previous violation of this Section or a similar provision
21 of a local ordinance shall be mandatorily sentenced to a
22 minimum of 48 consecutive hours of imprisonment or assigned
23 to a minimum of 100 hours of community service as may be
24 determined by the court. Every person convicted of violating
25 this Section or a similar provision of a local ordinance
26 shall be subject to a mandatory minimum fine of $500 and a
27 mandatory 5 days of community service in a program benefiting
28 children if the person committed a violation of paragraph (a)
29 or a similar provision of a local ordinance while
30 transporting a person under age 16. Every person convicted a
31 second time for violating this Section or a similar provision
32 of a local ordinance within 5 years of a previous violation
33 of this Section or a similar provision of a law of another
34 state or local ordinance shall be subject to a mandatory
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1 minimum fine of $500 and 10 days of mandatory community
2 service in a program benefiting children if the current
3 offense was committed while transporting a person under age
4 16. The imprisonment or assignment under this subsection
5 shall not be subject to suspension nor shall the person be
6 eligible for probation in order to reduce the sentence or
7 assignment.
8 (c-1) A person who violates this Section during a period
9 in which his or her driving privileges are revoked or
10 suspended, where the revocation or suspension was for a
11 violation of this Section or Section 11-501.1 shall, unless
12 sentenced to a term of imprisonment in the penitentiary, in
13 addition to any other criminal or administrative action, be
14 sentenced to a minimum term of 30 consecutive days of
15 imprisonment, 40 days of 24 hour periodic imprisonment or 720
16 hours of community service, as may be determined by the
17 court. This mandatory minimum term of imprisonment or
18 assignment of community service shall not be suspended and
19 shall not be subject to reduction by the court.
20 (c-2) (Blank).
21 (c-3) Every person convicted of violating this Section
22 or a similar provision of a local ordinance who had a child
23 under age 16 in the vehicle at the time of the offense shall
24 have his or her punishment under this Act enhanced by 2 days
25 of imprisonment for a first offense, 10 days of imprisonment
26 for a second offense, 30 days of imprisonment for a third
27 offense, and 90 days of imprisonment for a fourth or
28 subsequent offense, in addition to the fine and community
29 service required under subsection (c) and the possible
30 imprisonment required under subsection (d). The imprisonment
31 or assignment under this subsection shall not be subject to
32 suspension nor shall the person be eligible for probation in
33 order to reduce the sentence or assignment.
34 (d) (1) Every person convicted of committing a violation
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1 of this Section shall be guilty of aggravated driving under
2 the influence of alcohol or drugs or a combination of both
3 if:
4 (A) the person committed a violation of this
5 Section, or a similar provision of a law of another state
6 or a local ordinance when the cause of action is the same
7 as or substantially similar to this Section, for the
8 third or subsequent time;
9 (B) the person committed a violation of paragraph
10 (a) while driving a school bus with children on board;
11 (C) the person in committing a violation of
12 paragraph (a) was involved in a motor vehicle accident
13 that resulted in great bodily harm or permanent
14 disability or disfigurement to another, when the
15 violation was a proximate cause of the injuries; or
16 (D) the person committed a violation of paragraph
17 (a) for a second time and has been previously convicted
18 of violating Section 9-3 of the Criminal Code of 1961
19 relating to reckless homicide in which the person was
20 determined to have been under the influence of alcohol or
21 any other drug or drugs as an element of the offense or
22 the person has previously been convicted under
23 subparagraph (C) of this paragraph (1).
24 (2) Aggravated driving under the influence of alcohol or
25 drugs or a combination of both is a Class 4 felony for which
26 a person, if sentenced to a term of imprisonment, shall be
27 sentenced to not less than one year and not more than 3 years
28 for a violation of subparagraph (A), (B) or (D) of paragraph
29 (1) of this subsection (d) and not less than one year and not
30 more than 12 years for a violation of subparagraph (C) of
31 paragraph (1) of this subsection (d). For any prosecution
32 under this subsection (d), a certified copy of the driving
33 abstract of the defendant shall be admitted as proof of any
34 prior conviction.
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1 (e) After a finding of guilt and prior to any final
2 sentencing, or an order for supervision, for an offense based
3 upon an arrest for a violation of this Section or a similar
4 provision of a local ordinance, individuals shall be required
5 to undergo a professional evaluation to determine if an
6 alcohol or other drug abuse problem exists and the extent of
7 the problem. Programs conducting these evaluations shall be
8 licensed by the Department of Human Services. The cost of
9 any professional evaluation shall be paid for by the
10 individual required to undergo the professional evaluation.
11 (f) Every person found guilty of violating this Section,
12 whose operation of a motor vehicle while in violation of this
13 Section proximately caused any incident resulting in an
14 appropriate emergency response, shall be liable for the
15 expense of an emergency response as provided under Section
16 5-5-3 of the Unified Code of Corrections.
17 (g) The Secretary of State shall revoke the driving
18 privileges of any person convicted under this Section or a
19 similar provision of a local ordinance.
20 (h) Every person sentenced under subsection (d) of this
21 Section and who receives a term of probation or conditional
22 discharge shall be required to serve a minimum term of either
23 30 days community service or, beginning July 1, 1993, 48
24 consecutive hours of imprisonment as a condition of the
25 probation or conditional discharge. This mandatory minimum
26 term of imprisonment or assignment of community service shall
27 not be suspended and shall not be subject to reduction by the
28 court.
29 (i) The Secretary of State shall establish a pilot
30 program to test the effectiveness of ignition interlock
31 device requirements upon individuals who have been arrested
32 for a second or subsequent offense of this Section. The
33 Secretary shall establish by rule and regulation the
34 population and procedures for use of the interlock system.
-31- LRB9008734OBpk
1 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
2 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
3 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
4 10-24-97.)
5 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
6 Sec. 11-501.1. Suspension of drivers license; Statutory
7 summary alcohol or other drug related suspension; Implied
8 consent.
9 (a) Any person who drives or is in actual physical
10 control of a motor vehicle upon the public highways of this
11 State shall be deemed to have given consent, subject to the
12 provisions of Section 11-501.2, to a chemical test or tests
13 of blood, breath, or urine for the purpose of determining the
14 content of alcohol, other drug, or combination of both in the
15 person's blood if arrested, as evidenced by the issuance of a
16 Uniform Traffic Ticket, for any offense as defined in Section
17 11-501 or a similar provision of a local ordinance. The test
18 or tests shall be administered at the direction of the
19 arresting officer. The law enforcement agency employing the
20 officer shall designate which of the aforesaid tests shall be
21 administered. A urine test may be administered even after a
22 blood or breath test or both has been administered. For
23 purposes of this Section, an Illinois law enforcement officer
24 of this State who is investigating the person for any offense
25 defined in Section 11-501 may travel into an adjoining state,
26 where the person has been transported for medical care, to
27 complete an investigation and to request that the person
28 submit to the test or tests set forth in this Section. The
29 requirements of this Section that the person be arrested are
30 inapplicable, but the officer shall issue the person a
31 Uniform Traffic Ticket for an offense as defined in Section
32 11-501 or a similar provision of a local ordinance prior to
33 requesting that the person submit to the test or tests. The
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1 issuance of the Uniform Traffic Ticket shall not constitute
2 an arrest, but shall be for the purpose of notifying the
3 person that he or she is subject to the provisions of this
4 Section and of the officer's belief of the existence of
5 probable cause to arrest. Upon returning to this State, the
6 officer shall file the Uniform Traffic Ticket with the
7 Circuit Clerk of the county where the offense was committed,
8 and shall seek the issuance of an arrest warrant or a summons
9 for the person.
10 (b) Any person who is dead, unconscious, or who is
11 otherwise in a condition rendering the person incapable of
12 refusal, shall be deemed not to have withdrawn the consent
13 provided by paragraph (a) of this Section and the test or
14 tests may be administered, subject to the provisions of
15 Section 11-501.2.
16 (c) A person requested to submit to a test as provided
17 above shall be warned by the law enforcement officer
18 requesting the test that a refusal to submit to the test will
19 result in the statutory summary suspension of the person's
20 privilege to operate a motor vehicle as provided in Section
21 6-208.1 of this Code. The person shall also be warned by the
22 law enforcement officer that if the person submits to the
23 test or tests provided in paragraph (a) of this Section and
24 the alcohol concentration in the person's blood or breath is
25 0.08 or greater, or any amount of a drug, substance, or
26 compound resulting from the unlawful use or consumption of
27 cannabis as covered by the Cannabis Control Act, or a
28 controlled substance listed in the Illinois Controlled
29 Substances Act, or an intoxicating compound listed in Section
30 1 of the Use of Intoxicating Compounds Act is detected in the
31 person's blood or urine, a statutory summary suspension of
32 the person's privilege to operate a motor vehicle, as
33 provided in Sections 6-208.1 and 11-501.1 of this Code will,
34 be imposed.
-33- LRB9008734OBpk
1 A person who is under the age of 21 at the time the
2 person is requested to submit to a test as provided above
3 shall, in addition to the warnings provided for in this
4 Section, be further warned by the law enforcement officer
5 requesting the test that if the person submits to the test or
6 tests provided in paragraph (a) of this Section and the
7 alcohol concentration in the person's blood or breath is
8 greater than 0.00 and less than 0.08, a suspension of the
9 person's privilege to operate a motor vehicle, as provided
10 under Sections 6-208.2 and 11-501.8 of this Code, will be
11 imposed. The results of this test shall be admissible in a
12 civil or criminal action or proceeding arising from an arrest
13 for an offense as defined in Section 11-501 of this Code or a
14 similar provision of a local ordinance or pursuant to Section
15 11-501.4 in prosecutions for reckless homicide brought under
16 the Criminal Code of 1961. These test results, however, shall
17 be admissible only in actions or proceedings directly related
18 to the incident upon which the test request was made.
19 (d) If the person refuses testing or submits to a test
20 that discloses an alcohol concentration of 0.08 or more, or
21 any amount of a drug, substance, or compound in the person's
22 blood or urine resulting from the unlawful use or consumption
23 of cannabis listed in the Cannabis Control Act, or a
24 controlled substance listed in the Illinois Controlled
25 Substances Act, or an intoxicating compound listed in Section
26 1 of the Use of Intoxicating Compounds Act, the law
27 enforcement officer shall immediately submit a sworn report
28 to the circuit court of venue and the Secretary of State,
29 certifying that the test or tests was or were requested under
30 paragraph (a) and the person refused to submit to a test, or
31 tests, or submitted to testing that disclosed an alcohol
32 concentration of 0.08 or more.
33 (e) Upon receipt of the sworn report of a law
34 enforcement officer submitted under paragraph (d), the
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1 Secretary of State shall enter the statutory summary
2 suspension for the periods specified in Section 6-208.1, and
3 effective as provided in paragraph (g).
4 If the person is a first offender as defined in Section
5 11-500 of this Code, and is not convicted of a violation of
6 Section 11-501 of this Code or a similar provision of a local
7 ordinance, then reports received by the Secretary of State
8 under this Section shall, except during the actual time the
9 Statutory Summary Suspension is in effect, be privileged
10 information and for use only by the courts, police officers,
11 prosecuting authorities or the Secretary of State.
12 (f) The law enforcement officer submitting the sworn
13 report under paragraph (d) shall serve immediate notice of
14 the statutory summary suspension on the person and the
15 suspension shall be effective as provided in paragraph (g).
16 In cases where the blood alcohol concentration of 0.08 or
17 greater or any amount of a drug, substance, or compound
18 resulting from the unlawful use or consumption of cannabis as
19 covered by the Cannabis Control Act, or a controlled
20 substance listed in the Illinois Controlled Substances Act,
21 or an intoxicating compound listed in Section 1 of the Use of
22 Intoxicating Compounds Act is established by a subsequent
23 analysis of blood or urine collected at the time of arrest,
24 the arresting officer or arresting agency shall give notice
25 as provided in this Section or by deposit in the United
26 States mail of the notice in an envelope with postage prepaid
27 and addressed to the person at his address as shown on the
28 Uniform Traffic Ticket and the statutory summary suspension
29 shall begin as provided in paragraph (g). The officer shall
30 confiscate any Illinois driver's license or permit on the
31 person at the time of arrest. If the person has a valid
32 driver's license or permit, the officer shall issue the
33 person a receipt, in a form prescribed by the Secretary of
34 State, that will allow that person to drive during the
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1 periods provided for in paragraph (g). The officer shall
2 immediately forward the driver's license or permit to the
3 circuit court of venue along with the sworn report provided
4 for in paragraph (d).
5 (g) The statutory summary suspension referred to in this
6 Section shall take effect on the 46th day following the date
7 the notice of the statutory summary suspension was given to
8 the person.
9 (h) The following procedure shall apply whenever a
10 person is arrested for any offense as defined in Section
11 11-501 or a similar provision of a local ordinance:
12 Upon receipt of the sworn report from the law enforcement
13 officer, the Secretary of State shall confirm the statutory
14 summary suspension by mailing a notice of the effective date
15 of the suspension to the person and the court of venue.
16 However, should the sworn report be defective by not
17 containing sufficient information or be completed in error,
18 the confirmation of the statutory summary suspension shall
19 not be mailed to the person or entered to the record, instead
20 the sworn report shall be forwarded to the court of venue
21 with a copy returned to the issuing agency identifying any
22 defect.
23 (Source: P.A. 90-43, eff. 7-2-97.)
24 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
25 Sec. 11-501.6. Driver involvement in personal injury or
26 fatal motor vehicle accident - chemical test.
27 (a) Any person who drives or is in actual control of a
28 motor vehicle upon the public highways of this State and who
29 has been involved in a personal injury or fatal motor vehicle
30 accident, shall be deemed to have given consent to a breath
31 test using a portable device as approved by the Department of
32 Public Health or to a chemical test or tests of blood,
33 breath, or urine for the purpose of determining the alcohol
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1 or other drug content of such person's blood if arrested as
2 evidenced by the issuance of a Uniform Traffic Ticket for any
3 violation of the Illinois Vehicle Code or a similar provision
4 of a local ordinance, with the exception of equipment
5 violations contained in Chapter 12 of this Code, or similar
6 provisions of local ordinances. The test or tests shall be
7 administered at the direction of the arresting officer. The
8 law enforcement agency employing the officer shall designate
9 which of the aforesaid tests shall be administered. A urine
10 test may be administered even after a blood or breath test or
11 both has been administered. Compliance with this Section
12 does not relieve such person from the requirements of Section
13 11-501.1 of this Code.
14 (b) Any person who is dead, unconscious or who is
15 otherwise in a condition rendering such person incapable of
16 refusal shall be deemed not to have withdrawn the consent
17 provided by subsection (a) of this Section. In addition, if
18 a driver of a vehicle is receiving medical treatment as a
19 result of a motor vehicle accident, any physician licensed to
20 practice medicine, registered nurse or a phlebotomist acting
21 under the direction of a licensed physician shall withdraw
22 blood for testing purposes to ascertain the presence of
23 alcohol or other drugs, upon the specific request of a law
24 enforcement officer. However, no such testing shall be
25 performed until, in the opinion of the medical personnel on
26 scene, the withdrawal can be made without interfering with or
27 endangering the well-being of the patient.
28 (c) A person requested to submit to a test as provided
29 above shall be warned by the law enforcement officer
30 requesting the test that a refusal to submit to the test, or
31 submission to the test resulting in an alcohol concentration
32 of 0.08 or more, or any amount of a drug, substance, or
33 compound resulting from the unlawful use or consumption of
34 cannabis, as covered by the Cannabis Control Act, or a
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1 controlled substance listed in the Illinois Controlled
2 Substances Act, or an intoxicating compound listed in Section
3 1 of the Use of Intoxicating Compounds Act as detected in
4 such person's blood or urine, may result in the suspension of
5 such person's privilege to operate a motor vehicle. The
6 length of the suspension shall be the same as outlined in
7 Section 6-208.1 of this Code regarding statutory summary
8 suspensions.
9 (d) If the person refuses testing or submits to a test
10 which discloses an alcohol concentration of 0.08 or more, or
11 any amount of a drug, substance or compound in such person's
12 blood or urine resulting from the unlawful use or consumption
13 of cannabis listed in the Cannabis Control Act, or a
14 controlled substance listed in the Illinois Controlled
15 Substances Act, or an intoxicating compound listed in Section
16 1 of the Use of Intoxicating Compounds Act, the law
17 enforcement officer shall immediately submit a sworn report
18 to the Secretary of State on a form prescribed by the
19 Secretary, certifying that the test or tests were requested
20 pursuant to subsection (a) and the person refused to submit
21 to a test or tests or submitted to testing which disclosed an
22 alcohol concentration of 0.08 or more, or any amount of a
23 drug, substance, or compound in such person's blood or urine,
24 resulting from the unlawful use or consumption of cannabis
25 listed in the Cannabis Control Act or a controlled substance
26 listed in the Illinois Controlled Substances Act.
27 Upon receipt of the sworn report of a law enforcement
28 officer, the Secretary shall enter the suspension to the
29 individual's driving record and the suspension shall be
30 effective on the 46th day following the date notice of the
31 suspension was given to the person.
32 The law enforcement officer submitting the sworn report
33 shall serve immediate notice of this suspension on the person
34 and such suspension shall be effective on the 46th day
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1 following the date notice was given.
2 The cases where the blood alcohol concentration of 0.08
3 or more, or any amount of a drug, substance, or compound
4 resulting from the unlawful use or consumption of cannabis as
5 listed in the Cannabis Control Act, or a controlled substance
6 listed in the Illinois Controlled Substances Act, or an
7 intoxicating compound listed in Section 1 of the Use of
8 Intoxicating Compounds Act is established by a subsequent
9 analysis of blood or urine collected at the time of arrest,
10 the arresting officer shall give notice as provided in this
11 Section or by deposit in the United States mail of such
12 notice in an envelope with postage prepaid and addressed to
13 such person at his address as shown on the Uniform Traffic
14 Ticket and the suspension shall be effective on the 46th day
15 following the date notice was given.
16 Upon receipt of the sworn report of a law enforcement
17 officer, the Secretary shall also give notice of the
18 suspension to the driver by mailing a notice of the effective
19 date of the suspension to the individual. However, should
20 the sworn report be defective by not containing sufficient
21 information or be completed in error, the notice of the
22 suspension shall not be mailed to the person or entered to
23 the driving record, but rather the sworn report shall be
24 returned to the issuing law enforcement agency.
25 (e) A driver may contest this suspension of his driving
26 privileges by requesting an administrative hearing with the
27 Secretary in accordance with Section 2-118 of this Code. At
28 the conclusion of a hearing held under Section 2-118 of this
29 Code, the Secretary may rescind, continue, or modify the
30 order of suspension. If the Secretary does not rescind the
31 order, a restricted driving permit may be granted by the
32 Secretary upon application being made and good cause shown.
33 A restricted driving permit may be granted to relieve undue
34 hardship to allow driving for employment, educational, and
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1 medical purposes as outlined in Section 6-206 of this Code.
2 The provisions of Section 6-206 of this Code shall apply.
3 (f) (Blank)
4 (g) For the purposes of this Section, a personal injury
5 shall include any type A injury as indicated on the traffic
6 accident report completed by a law enforcement officer that
7 requires immediate professional attention in either a
8 doctor's office or a medical facility. A type A injury shall
9 include severely bleeding wounds, distorted extremities, and
10 injuries that require the injured party to be carried from
11 the scene.
12 (Source: P.A. 90-43, eff. 7-2-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.