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Full Text of SB1088

SB1088enr 94TH GENERAL ASSEMBLY 







 

 		







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    AN ACT concerning transportation.

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

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

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


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


16
        (2) under the influence of alcohol;


17
        (3) under the influence of any intoxicating compound or 
18
    combination of
intoxicating compounds to a degree that 
19
    renders the person incapable of
driving safely;


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


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


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


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


 






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

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


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

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

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

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

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

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

30
be imposed.

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


35
    (c) (Blank).



36
    (c-1) (1) A person who violates subsection (a)

during
a 
 


 






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

6
    Class 4 felony.


7
        (2) A person who violates subsection (a) a third
time, 
8
    if the third violation occurs during a period in
which his 
9
    or her driving privileges are revoked or suspended where 
10
    the
revocation
or suspension was for a violation of 
11
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
12
    11-401, or for reckless homicide as defined in Section 9-3

13
    of the Criminal Code of 1961, is guilty of
a Class 3 
14
    felony; and if the
person receives a term of
probation or 
15
    conditional discharge, he or she shall be required to serve 
16
    a
mandatory
minimum of 10 days of imprisonment or shall be 
17
    assigned a mandatory minimum of
480 hours of community 
18
    service, as may be determined by the court, as a
condition 
19
    of the probation or conditional discharge. This mandatory 
20
    minimum
term of imprisonment or assignment of community 
21
    service shall not be suspended
or reduced by the court.

22
        (2.2) A person who violates subsection (a), if the

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

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


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

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


 






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


6
    (c-2) (Blank).


7
    (c-3) (Blank).



8
    (c-4) (Blank).

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

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

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

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

 


 






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

5
    eligible for a reduced sentence.

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

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

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

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

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

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

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

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

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


 






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

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

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

17
    (c-6)(1) Any person convicted of a first violation of 
18
    subsection (a) or a
similar provision, if the alcohol 
19
    concentration in his or her blood, breath, or
urine was 
20
    0.16 or more based on the definition of blood, breath, or 
21
    urine
units in Section 11-501.2, shall be subject, in 
22
    addition to any other penalty
that may be imposed, to a 
23
    mandatory minimum of 100 hours of community service
and a 
24
    mandatory minimum fine of $500.

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

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


 






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

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

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

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


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

30
    thereof if:


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


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

on board;


 


 






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


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

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


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

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


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

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


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


 






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

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

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

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


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

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


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


 






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

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


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


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


18
    (h) (Blank).



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

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


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


 






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arrest, the amount payable to law enforcement agencies  shall be 
2
shared equally.  Any moneys received
by a law
enforcement agency 
3
under this subsection (j) shall be used for enforcement and 
4
prevention of driving while under the influence of alcohol, 
5
other drug or drugs, intoxicating compound or compounds or any 
6
combination thereof, as defined by this Section, including but 
7
not limited to the
to purchase of law
enforcement equipment and 
8
commodities that will assist in the prevention of alcohol 
9
related
criminal violence throughout the State; police officer 
10
training and education in areas related to alcohol related 
11
crime, including but not limited to DUI training; and police 
12
officer salaries, including but not limited to salaries for 
13
hire back funding for safety checkpoints, saturation patrols, 
14
and liquor store sting operations.  Equipment and commodities .  
15
This shall include, but are
is not limited
to, in-car video 
16
cameras, radar and laser speed detection devices, and alcohol

17
breath testers.
Any moneys received by the Department of State 
18
Police under this subsection
(j) shall be deposited into the 
19
State Police DUI Fund and shall be used for enforcement and 
20
prevention of driving while under the influence of alcohol, 
21
other drug or drugs, intoxicating compound or compounds or any 
22
combination thereof, as defined by this Section, including but 
23
not limited to the
to
purchase of law enforcement equipment and 
24
commodities that will assist in the prevention of
alcohol 
25
related criminal violence throughout the State; police officer 
26
training and education in areas related to alcohol related 
27
crime, including but not limited to DUI training; and police 
28
officer salaries, including but not limited to salaries for 
29
hire back funding for safety checkpoints, saturation patrols, 
30
and liquor store sting operations.


31
    (k) The Secretary of State Police DUI Fund is created as a 
32
special
fund in the State treasury. All moneys received by the 
33
Secretary of State
Police under subsection (j) of this Section 
34
shall be deposited into the
Secretary of State Police DUI Fund 
35
and, subject to appropriation, shall be
used for enforcement 
36
and prevention of driving while under the influence of alcohol, 
 


 






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other drug or drugs, intoxicating compound or compounds or any 
2
combination thereof, as defined by this Section, including but 
3
not limited to the
to purchase of law enforcement equipment and 
4
commodities to assist in the prevention of
alcohol related 
5
criminal violence throughout the State; police officer 
6
training and education in areas related to alcohol related 
7
crime, including but not limited to DUI training; and police 
8
officer salaries, including but not limited to salaries for 
9
hire back funding for safety checkpoints, saturation patrols, 
10
and liquor store sting operations.


11
    (l) Whenever an individual is sentenced for an offense 
12
based upon an
arrest for a violation of subsection (a) or a 
13
similar provision of a local
ordinance, and the professional 
14
evaluation recommends remedial or
rehabilitative treatment or 
15
education, neither the treatment nor the education
shall be the 
16
sole disposition and either or both may be imposed only in

17
conjunction with another disposition. The court shall monitor 
18
compliance with
any remedial education or treatment 
19
recommendations contained in the
professional evaluation. 
20
Programs conducting alcohol or other drug evaluation
or 
21
remedial education must be licensed by the Department of Human 
22
Services. If
the individual is not a resident of Illinois, 
23
however, the court may accept an
alcohol or other drug 
24
evaluation or remedial education program in the
individual's 
25
state of residence.  Programs providing treatment must be 
26
licensed
under existing applicable alcoholism and drug 
27
treatment licensure standards.

28
    (m) In addition to any other fine or penalty required by 
29
law, an individual
convicted of a violation of subsection (a), 
30
Section 5-7 of the Snowmobile
Registration and Safety Act, 
31
Section 5-16 of the Boat Registration and Safety
Act, or a 
32
similar provision, whose operation of a motor vehicle, 
33
snowmobile, or
watercraft while in
violation of subsection (a), 
34
Section 5-7 of the Snowmobile Registration and
Safety Act, 
35
Section 5-16 of the Boat Registration and Safety Act, or a 
36
similar
provision proximately caused an incident resulting in 
 


 






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


9
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
10
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
11
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
12
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
13
eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)

 
14
    (Text of Section from P.A. 94-110)
15
    Sec. 11-501. Driving while under the influence of alcohol, 
16
other drug or
drugs, intoxicating compound or compounds or any 
17
combination thereof.

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


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


23
        (2) under the influence of alcohol;


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


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


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


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


 






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1
    the Cannabis Control Act, a controlled substance listed
in 
2
    the Illinois Controlled Substances Act, or an intoxicating 
3
    compound listed
in the Use of Intoxicating Compounds Act.


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

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


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

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

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

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

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

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

34
be imposed.

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


 






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1
suspension, nor shall the person be
eligible for a reduced 
2
sentence.


3
    (c) (Blank).



4
    (c-1) (1) A person who violates subsection (a)

during
a 
5
    period in which his
or her driving privileges are revoked 
6
    or suspended, where the revocation or
suspension was for a 
7
    violation of subsection (a), Section
11-501.1, paragraph 
8
    (b)
of Section 11-401, or for reckless homicide as defined 
9
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

10
    Class 4 felony.


11
        (2) A person who violates subsection (a) a third
time, 
12
    if the third violation occurs during a period in
which his 
13
    or her driving privileges are revoked or suspended where 
14
    the
revocation
or suspension was for a violation of 
15
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
16
    11-401, or for reckless homicide as defined in Section 9-3

17
    of the Criminal Code of 1961, is guilty of
a Class 3 
18
    felony; and if the
person receives a term of
probation or 
19
    conditional discharge, he or she shall be required to serve 
20
    a
mandatory
minimum of 10 days of imprisonment or shall be 
21
    assigned a mandatory minimum of
480 hours of community 
22
    service, as may be determined by the court, as a
condition 
23
    of the probation or conditional discharge. This mandatory 
24
    minimum
term of imprisonment or assignment of community 
25
    service shall not be suspended
or reduced by the court.

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

27
    violation occurs during a period in which his or her 
28
    driving privileges are
revoked or suspended where the 
29
    revocation or suspension was for a violation of
subsection 
30
    (a) or Section 11-501.1, shall also be sentenced to an 
31
    additional
mandatory minimum term of 30 consecutive days of 
32
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
33
    720 hours of community service, as may be
determined by the 
34
    court.  This mandatory term of imprisonment or assignment of

35
    community service shall  not be suspended or reduced by the 
36
    court.


 


 






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1
        (3) A person who violates subsection (a) a fourth or

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


10
    (c-2) (Blank).


11
    (c-3) (Blank).



12
    (c-4) (Blank).

13
    (c-5) Except as provided in subsection (c-5.1), a person 21 
14
years of age or older who violates subsection (a), if the 
15
person was transporting
a person under the age of 16 at the 
16
time of the violation, is subject to 6 months of imprisonment, 
17
an
additional mandatory minimum fine of $1,000, and 25 days of 
18
community service in a program benefiting children. The 
19
imprisonment or assignment of community service under this

20
subsection (c-5) is not subject to suspension, nor is the 
21
person eligible for
a reduced sentence.

22
    (c-5.1) A person 21 years of age or older who is convicted 
23
of violating subsection (a) of this Section
a
first time and 
24
who in committing that violation was involved in a motor 
25
vehicle
accident that resulted in bodily harm to the child 
26
under the age of 16 being
transported by the person, if the 
27
violation was the proximate cause of the
injury, is guilty of a 
28
Class 4 felony and is subject to one year of
imprisonment,
a 
29
mandatory fine of $2,500, and 25 days of community service in a 
30
program
benefiting children. The imprisonment or assignment to 
31
community service under
this subsection (c-5.1) shall not be 
32
subject to suspension, nor shall the person be
eligible for 
33
probation in order to reduce the sentence or assignment.

34
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
35
a person 21 years of age or older who
violates
subsection (a) a 
36
second time, if at the time of
the second violation the person 
 


 






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1
was transporting a person under the age of 16,
is subject to 6 
2
months of imprisonment, an additional mandatory
minimum fine of 
3
$1,000, and an additional mandatory minimum 140 hours of

4
community service, which shall include 40 hours of community 
5
service in a
program benefiting children.
The imprisonment or 
6
assignment of community service under this subsection (c-6)
is 
7
not subject to suspension, nor is the person eligible for a 
8
reduced
sentence.

9
    (c-7) Except as provided in subsection (c-7.1), any person 
10
21 years of age or older convicted of
violating subsection 
11
(c-6) or a similar
provision within 10 years of a previous 
12
violation of subsection (a) or a
similar provision is guilty of 
13
a Class 4 felony and, in addition to any other penalty imposed, 
14
is subject to one year of

imprisonment, 25 days of mandatory

15
community service in a program benefiting children, and a 
16
mandatory
fine of $2,500. The imprisonment or assignment of 
17
community service under this
subsection (c-7) is not subject to 
18
suspension, nor is the person
eligible for a reduced sentence.

19
    (c-7.1) A person 21 years of age or older who is convicted 
20
of violating subsection (a) of this Section
a
second time 
21
within 10 years and who in committing that violation was 
22
involved
in a motor vehicle accident that resulted in bodily 
23
harm to the child under the
age of 16 being transported, if the 
24
violation was the proximate cause of the
injury, is guilty of a 
25
Class 4 felony and is subject to 18 months of
imprisonment, a

26
mandatory fine of $5,000, and 25 days of community service in a 
27
program
benefiting
children. The imprisonment or assignment to 
28
community service under this
subsection
(c-7.1) shall not be 
29
subject to suspension, nor shall the person be eligible for

30
probation in order
to reduce the sentence or assignment.

31
    (c-8) (Blank).

32
    (c-9)  Any person 21 years of age or older convicted a third 
33
time for violating subsection (a) or a
similar provision, if at 
34
the time of the third violation the person was
transporting a 
35
person under the age of 16, is guilty of a Class 4 felony and is 
36
subject to 18 months of imprisonment, a mandatory fine of 
 


 






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1
$2,500, and 25 days  of community service in a
program 
2
benefiting children.
The imprisonment or assignment of 
3
community service under this subsection (c-9)
is not subject to 
4
suspension, nor is the person eligible for a reduced
sentence.

5
    (c-10) Any person 21 years of age or older convicted of 
6
violating subsection (c-9) or a similar
provision a third time 
7
within 20 years of a previous violation of subsection
(a) or a

8
similar provision is guilty of a Class 3 felony and, in 
9
addition
to any other penalty imposed, is subject to 3 years of 
10
imprisonment, 25 days of community
service in a program 
11
benefiting children, and a mandatory fine of
$25,000. The 
12
imprisonment or
assignment of community service under this 
13
subsection (c-10) is not subject to
suspension, nor is the 
14
person eligible for a reduced sentence.

15
    (c-11) Any person 21 years of age or older convicted a 
16
fourth or subsequent time for violating
subsection (a) or a 
17
similar provision, if at the time of the fourth or
subsequent 
18
violation the person was transporting a person under the age of 
19
16,
and if the person's 3 prior violations of subsection (a) or 
20
a similar provision
occurred while transporting a person under 
21
the age of 16 or while the alcohol
concentration in his or her 
22
blood, breath, or urine was 0.16 or more based
on the 
23
definition of blood, breath, or urine units in Section 
24
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
25
probation or conditional
discharge, and is subject to a minimum 
26
fine of $25,000.

27
    (c-12) Any person convicted of a first violation of 
28
subsection (a) or a
similar provision, if the alcohol 
29
concentration in his or her blood, breath, or
urine was 0.16 or 
30
more based on the definition of blood, breath, or urine
units 
31
in Section 11-501.2, shall be subject, in addition to any other 
32
penalty
that may be imposed, to a mandatory minimum of 100 
33
hours of community service
and a mandatory minimum fine of 
34
$500.

35
    (c-13) Any person convicted of a second violation of 
36
subsection (a) or a similar provision committed within 10 years 
 


 






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

9
    (c-14) Any person convicted of a third violation of 
10
subsection (a) or a
similar provision within 20 years of a 
11
previous violation of subsection (a) or
a
similar provision, if 
12
at the time of the third violation of subsection (a) or a

13
similar provision the alcohol concentration in his or her 
14
blood, breath, or
urine was 0.16 or more based on the 
15
definition of blood, breath, or urine units
in Section 
16
11-501.2, is guilty of a Class 4 felony and shall be subject, 
17
in
addition to any other penalty that may be imposed, to a 
18
mandatory minimum of
90 days of imprisonment and a mandatory 
19
minimum fine of $2,500.

20
    (c-15) Any person convicted of a fourth or subsequent 
21
violation of
subsection
(a) or a similar provision, if at the 
22
time of the fourth or subsequent
violation the alcohol 
23
concentration in his or her blood, breath, or urine was
0.16 or 
24
more based on the definition of blood, breath, or urine units 
25
in
Section 11-501.2, and if the person's 3 prior violations of 
26
subsection (a) or a
similar provision occurred while 
27
transporting a person under the age of 16 or
while the alcohol 
28
concentration in his or her blood, breath, or urine was 0.16
or 
29
more based on the definition of blood, breath, or urine units 
30
in Section
11-501.2, is guilty of a Class 2 felony and is not 
31
eligible for a sentence of
probation or conditional discharge 
32
and is subject to a minimum fine of
$2,500.


33
    (d) (1) Every person convicted of committing a violation of 
34
    this Section
shall be guilty of aggravated driving under 
35
    the influence of alcohol,
other drug or drugs, or 
36
    intoxicating compound or compounds, or any combination

 


 






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1
    thereof if:


2
            (A) the person committed a violation of subsection 
3
        (a) or a similar
provision for the
third or subsequent 
4
        time;


5
            (B) the person committed a violation of subsection 
6
        (a)
while
driving a school bus with persons 18 years of 
7
        age or younger

on board;


8
            (C) the person in committing a violation of 
9
        subsection
(a) was
involved in a motor vehicle accident 
10
        that resulted in great bodily harm or
permanent 
11
        disability or disfigurement to another, when the 
12
        violation was
a proximate cause of the injuries;


13
            (D) the person committed a violation of subsection 
14
        (a)
for a
second time and has been previously convicted 
15
        of violating Section 9-3 of the
Criminal Code of 1961 
16
        or a similar provision of a law of another state 
17
        relating to reckless homicide in which the person was

18
        determined to have been under the influence of alcohol, 
19
        other drug or
drugs, or intoxicating compound or 
20
        compounds as an element of the offense or
the person 
21
        has previously been convicted
under subparagraph (C) 
22
        or subparagraph (F) of this paragraph (1);


23
            (E) the person, in committing a violation of 
24
        subsection (a) while
driving at any speed in a school 
25
        speed zone at a time when a speed limit of
20 miles per 
26
        hour was in effect under subsection (a) of Section 
27
        11-605 of
this Code, was involved in a motor vehicle 
28
        accident that resulted in bodily
harm, other than great 
29
        bodily harm or permanent disability or disfigurement,

30
        to another person, when the violation of subsection (a) 
31
        was a
proximate cause
of the bodily harm; or


32
            (F) the person, in committing a violation of 
33
        subsection (a), was
involved in a motor vehicle, 
34
        snowmobile, all-terrain vehicle, or watercraft

35
        accident that resulted in
the death of another person, 
36
        when the violation of subsection
(a) was
a proximate 
 


 






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1
        cause of the death.


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

9
    one year nor more than 12 years.
Aggravated driving under 
10
    the influence of alcohol, other drug or drugs,
or 
11
    intoxicating compound or compounds, or any combination 
12
    thereof as
defined in subparagraph (F) of paragraph (1) of 
13
    this subsection (d) is
a Class 2 felony, for which the 
14
    defendant, if sentenced to a term of
imprisonment, shall be 
15
    sentenced to: (A) a
term of imprisonment of not less than 3 
16
    years and not more
than 14 years if the violation resulted 
17
    in the death of one person; or
(B) a term of imprisonment 
18
    of not less than 6 years and not
more than 28 years if the 
19
    violation resulted in the deaths of 2 or more
persons.
For 
20
    any prosecution under this subsection
(d), a certified copy 
21
    of the
driving abstract of the defendant shall be admitted 
22
    as proof of any prior
conviction.
Any person sentenced 
23
    under this subsection (d) who receives a term of
probation

24
    or conditional discharge must serve a minimum term of 
25
    either 480 hours of
community service or 10 days of 
26
    imprisonment as a condition of the probation or
conditional 
27
    discharge. This mandatory minimum term of imprisonment or

28
    assignment of community service may not be suspended or 
29
    reduced by the court.


30
    (e) After a finding of guilt and prior to any final 
31
sentencing, or an
order for supervision, for an offense based 
32
upon an arrest for a
violation of this Section or a similar 
33
provision of a local ordinance,
individuals shall be required 
34
to undergo a professional evaluation to
determine if an 
35
alcohol, drug, or intoxicating compound abuse problem exists

36
and the
extent of the problem, and undergo the imposition of 
 


 






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1
treatment as appropriate.
Programs conducting these 
2
evaluations shall be
licensed by the Department of Human 
3
Services.  The cost of any professional
evaluation shall be paid 
4
for by the
individual
required to undergo the professional 
5
evaluation.


6
    (e-1) Any person who is found guilty of or pleads guilty to 
7
violating this
Section, including any person receiving a 
8
disposition of court supervision for
violating this Section, 
9
may be required by the Court to attend a victim
impact panel 
10
offered by, or under contract with, a County State's Attorney's

11
office, a probation and court services department, Mothers 
12
Against Drunk
Driving,
or the Alliance Against Intoxicated 
13
Motorists.
All costs generated by
the victim impact panel shall 
14
be paid from fees collected from the
offender or as may be 
15
determined by the court.


16
    (f) Every person found guilty of violating this Section, 
17
whose
operation of a motor vehicle while in violation of this 
18
Section proximately
caused any incident resulting in an 
19
appropriate emergency response, shall
be liable for the expense 
20
of an emergency response as provided under
Section 5-5-3 of the 
21
Unified Code of Corrections.


22
    (g) The Secretary of State shall revoke the driving 
23
privileges of any
person convicted under this Section or a 
24
similar provision of a local
ordinance.


25
    (h) (Blank).



26
    (i) The Secretary of State shall require the use of 
27
ignition interlock
devices on all vehicles owned by an 
28
individual who has been convicted of a
second
or subsequent 
29
offense of this Section or a similar provision of a local

30
ordinance.  The Secretary shall establish by rule and regulation 
31
the procedures
for certification and use of the interlock 
32
system.


33
    (j) In addition to any other penalties and liabilities, a 
34
person who is
found guilty of or pleads guilty to violating 
35
subsection (a), including any
person placed on court 
36
supervision for violating subsection (a), shall be fined
$500, 
 


 






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

24
breath testers.
Any moneys received by the Department of State 
25
Police under this subsection
(j) shall be deposited into the 
26
State Police DUI Fund and shall be used for enforcement and 
27
prevention of driving while under the influence of alcohol, 
28
other drug or drugs, intoxicating compound or compounds or any 
29
combination thereof, as defined by this Section, including but 
30
not limited to the
to
purchase of law enforcement equipment and 
31
commodities that will assist in the prevention of
alcohol 
32
related criminal violence throughout the State; police officer 
33
training and education in areas related to alcohol related 
34
crime, including but not limited to DUI training; and police 
35
officer salaries, including but not limited to salaries for 
36
hire back funding for safety checkpoints, saturation patrols, 
 


 






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and liquor store sting operations.


2
    (k) The Secretary of State Police DUI Fund is created as a 
3
special
fund in the State treasury. All moneys received by the 
4
Secretary of State
Police under subsection (j) of this Section 
5
shall be deposited into the
Secretary of State Police DUI Fund 
6
and, subject to appropriation, shall be
used for enforcement 
7
and prevention of driving while under the influence of alcohol, 
8
other drug or drugs, intoxicating compound or compounds or any 
9
combination thereof, as defined by this Section, including but 
10
not limited to the
to purchase of law enforcement equipment and 
11
commodities to assist in the prevention of
alcohol related 
12
criminal violence throughout the State; police officer 
13
training and education in areas related to alcohol related 
14
crime, including but not limited to DUI training; and police 
15
officer salaries, including but not limited to salaries for 
16
hire back funding for safety checkpoints, saturation patrols, 
17
and liquor store sting operations.


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

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

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


 






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


16
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
17
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
18
93-840, eff. 7-30-04; 94-110, eff. 1-1-06.)

 
19
    (Text of Section from P.A. 94-113 and 94-609)
20
    Sec. 11-501. Driving while under the influence of alcohol, 
21
other drug or
drugs, intoxicating compound or compounds or any 
22
combination thereof.

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


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


28
        (2) under the influence of alcohol;


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


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


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


 






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


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


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

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


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

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

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

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

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

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


 






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

3
be imposed.

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


8
    (c) (Blank).



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

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

15
    Class 4 felony.


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

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

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

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


 






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

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

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

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


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

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


24
    (c-2) (Blank).


25
    (c-3) (Blank).



26
    (c-4) (Blank).

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

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

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


 






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

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

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

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

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

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

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

30
person eligible for a reduced sentence.

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


 






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

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

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

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

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

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

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

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


 






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

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

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

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


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


 






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

3
    thereof if:


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


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

on board;


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


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

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


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

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


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

 


 






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


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

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

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

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


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


 






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

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


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

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


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


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


28
    (h) (Blank).



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

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


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


 






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person who is
found guilty of or pleads guilty to violating 
2
subsection (a), including any
person placed on court 
3
supervision for violating subsection (a), shall be fined
$500, 
4
payable to the
circuit clerk, who shall distribute the money as 
5
follows: 20% to the law enforcement agency
that made the arrest 
6
and 80% shall be forwarded to the State Treasurer for deposit 
7
into the General Revenue Fund.  If the person has been 
8
previously convicted of violating
subsection (a) or a similar 
9
provision of a local
ordinance, the fine shall be
$1,000.  In 
10
the event that more than one agency is responsible
for the 
11
arrest, the amount payable to law enforcement agencies  shall be 
12
shared equally.  Any moneys received
by a law
enforcement agency 
13
under this subsection (j) shall be used for enforcement and 
14
prevention of driving while under the influence of alcohol, 
15
other drug or drugs, intoxicating compound or compounds or any 
16
combination thereof, as defined by this Section, including but 
17
not limited to the
to purchase of law
enforcement equipment and 
18
commodities that will assist in the prevention of alcohol 
19
related
criminal violence throughout the State; police officer 
20
training and education in areas related to alcohol related 
21
crime, including but not limited to DUI training; and police 
22
officer salaries, including but not limited to salaries for 
23
hire back funding for safety checkpoints, saturation patrols, 
24
and liquor store sting operations. Equipment and commodities .  
25
This shall include, but are
is not limited
to, in-car video 
26
cameras, radar and laser speed detection devices, and alcohol

27
breath testers.
Any moneys received by the Department of State 
28
Police under this subsection
(j) shall be deposited into the 
29
State Police DUI Fund and shall be used for enforcement and 
30
prevention of driving while under the influence of alcohol, 
31
other drug or drugs, intoxicating compound or compounds or any 
32
combination thereof, as defined by this Section, including but 
33
not limited to the
to
purchase of law enforcement equipment and 
34
commodities that will assist in the prevention of
alcohol 
35
related criminal violence throughout the State; police officer 
36
training and education in areas related to alcohol related 
 


 






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


5
    (k) The Secretary of State Police DUI Fund is created as a 
6
special
fund in the State treasury. All moneys received by the 
7
Secretary of State
Police under subsection (j) of this Section 
8
shall be deposited into the
Secretary of State Police DUI Fund 
9
and, subject to appropriation, shall be
used for enforcement 
10
and prevention of driving while under the influence of alcohol, 
11
other drug or drugs, intoxicating compound or compounds or any 
12
combination thereof, as defined by this Section, including but 
13
not limited to the
to purchase of law enforcement equipment and 
14
commodities to assist in the prevention of
alcohol related 
15
criminal violence throughout the State; police officer 
16
training and education in areas related to alcohol related 
17
crime, including but not limited to DUI training; and police 
18
officer salaries, including but not limited to salaries for 
19
hire back funding for safety checkpoints, saturation patrols, 
20
and liquor store sting operations.


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

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


 






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treatment licensure standards.

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


19
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
20
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
21
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 
22
1-1-06.)

 
23
    (Text of Section from P.A. 94-114)
24
    Sec. 11-501. Driving while under the influence of alcohol, 
25
other drug or
drugs, intoxicating compound or compounds or any 
26
combination thereof.

27
    (a) A person shall not drive or be in actual
physical 
28
control of any vehicle within this State while:


29
        (1) the alcohol concentration in the person's blood or 
30
    breath is 0.08
or more based on the definition of blood and 
31
    breath units in Section 11-501.2;


32
        (2) under the influence of alcohol;


33
        (3) under the influence of any intoxicating compound or 
34
    combination of
intoxicating compounds to a degree that 
35
    renders the person incapable of
driving safely;


 


 






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


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


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


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

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


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

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

24
        (2) Any penalty imposed for driving with a license that 
25
    has been revoked
for a previous violation of subsection (a) 
26
    of this Section shall be in
addition to the penalty imposed 
27
    for any subsequent violation of subsection (a).

28
    (b-2) Except as otherwise provided in this Section, any 
29
person convicted of
violating subsection (a) of this Section is 
30
guilty of a Class A misdemeanor.

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


 






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community service
as may be determined by the court.

2
    (b-4) In the case of a third or subsequent violation 
3
committed within 5
years of a previous violation of subsection 
4
(a) or a similar provision, in
addition to any other criminal 
5
or administrative sanction, a mandatory minimum
term of either 
6
10 days of imprisonment or 480 hours of community service shall

7
be imposed.

8
    (b-5) The imprisonment or assignment of community service 
9
under subsections
(b-3) and (b-4) shall not be subject to 
10
suspension, nor shall the person be
eligible for a reduced 
11
sentence.


12
    (c) (Blank).



13
    (c-1) (1) A person who violates subsection (a)

during
a 
14
    period in which his
or her driving privileges are revoked 
15
    or suspended, where the revocation or
suspension was for a 
16
    violation of subsection (a), Section
11-501.1, paragraph 
17
    (b)
of Section 11-401, or for reckless homicide as defined 
18
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

19
    Class 4 felony.


20
        (2) A person who violates subsection (a) a third
time, 
21
    if the third violation occurs during a period in
which his 
22
    or her driving privileges are revoked or suspended where 
23
    the
revocation
or suspension was for a violation of 
24
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
25
    11-401, or for reckless homicide as defined in Section 9-3

26
    of the Criminal Code of 1961, is guilty of
a Class 3 
27
    felony.
28
        (2.1) A person who violates subsection (a) a third 
29
    time, if the third
violation occurs during a period in 
30
    which his or her driving privileges are
revoked or 
31
    suspended where the revocation or suspension was for a 
32
    violation of
subsection (a), Section 11-501.1, subsection 
33
    (b) of Section 11-401, or for
reckless homicide as defined 
34
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
35
    Class 3 felony; and if the
person receives a term of

36
    probation or conditional discharge, he or she shall be 
 


 






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    required to serve a
mandatory
minimum of 10 days of 
2
    imprisonment or shall be assigned a mandatory minimum of

3
    480 hours of community service, as may be determined by the 
4
    court, as a
condition of the probation or conditional 
5
    discharge. This mandatory minimum
term of imprisonment or 
6
    assignment of community service shall not be suspended
or 
7
    reduced by the court.

8
        (2.2) A person who violates subsection (a), if the

9
    violation occurs during a period in which his or her 
10
    driving privileges are
revoked or suspended where the 
11
    revocation or suspension was for a violation of
subsection 
12
    (a) or Section 11-501.1, shall also be sentenced to an 
13
    additional
mandatory minimum term of 30 consecutive days of 
14
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
15
    720 hours of community service, as may be
determined by the 
16
    court.  This mandatory term of imprisonment or assignment of

17
    community service shall  not be suspended or reduced by the 
18
    court.


19
        (3) A person who violates subsection (a) a fourth or

20
    fifth time, if the fourth or fifth

violation occurs
during 
21
    a period in which his
or her driving privileges are revoked 
22
    or suspended where the revocation
or suspension was for a 
23
    violation of subsection (a),
Section 11-501.1, paragraph

24
    (b) of Section 11-401, or for reckless homicide as defined 
25
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
26
    Class 2 felony and is not eligible for a sentence of 
27
    probation or
conditional discharge.


28
    (c-2) (Blank).


29
    (c-3) (Blank).



30
    (c-4) (Blank).

31
    (c-5) A person who violates subsection (a), if the person 
32
was transporting
a person under the age of 16 at the time of 
33
the violation, is subject to an
additional mandatory minimum 
34
fine of $1,000, an additional mandatory minimum
140 hours of 
35
community service, which shall include 40 hours of community

36
service in a program benefiting children, and an additional 2 
 


 






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

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

10
community service, which shall include 40 hours of community 
11
service in a
program benefiting children.
The imprisonment or 
12
assignment of community service under this subsection (c-6)
is 
13
not subject to suspension, nor is the person eligible for a 
14
reduced
sentence.

15
    (c-7) Except as provided in subsection (c-8), any person 
16
convicted of
violating subsection (c-6) or a similar
provision 
17
within 10 years of a previous violation of subsection (a) or a

18
similar provision shall receive, in addition to any other 
19
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
20
additional 40 hours of mandatory
community service in a program 
21
benefiting children, and a mandatory minimum
fine of $1,750. 
22
The imprisonment or assignment of community service under this

23
subsection (c-7) is not subject to suspension, nor is the 
24
person
eligible for a reduced sentence.

25
    (c-8) Any person convicted of violating subsection (c-6) or 
26
a similar
provision within 5 years of a previous violation of 
27
subsection (a) or a similar
provision shall receive, in 
28
addition to any other penalty imposed, an
additional 80 hours 
29
of mandatory community service in a program benefiting

30
children, an additional mandatory minimum 12 days of 
31
imprisonment, and a
mandatory minimum fine of $1,750. The 
32
imprisonment or assignment of community
service under this 
33
subsection (c-8) is not subject to suspension, nor
is the

34
person eligible for a reduced sentence.

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


 






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

10
    (c-10) Any person convicted of violating subsection (c-9) 
11
or a similar
provision a third time within 20 years of a 
12
previous violation of subsection
(a) or a
similar provision is 
13
guilty of a Class 4 felony and shall receive, in addition
to 
14
any other penalty imposed, an additional mandatory 40 hours of 
15
community
service in a program benefiting children, an 
16
additional mandatory fine of

$3,000, and a mandatory minimum 
17
120 days of imprisonment. The imprisonment or
assignment of 
18
community service under this subsection (c-10) is not subject 
19
to
suspension, nor is the person eligible for a reduced 
20
sentence.

21
    (c-11) Any person convicted a fourth or fifth

time for 
22
violating
subsection (a) or a similar provision, if at the time 
23
of the fourth or
fifth violation the person was transporting a 
24
person under the age of 16,
and if the person's 3 prior 
25
violations of subsection (a) or a similar provision
occurred 
26
while transporting a person under the age of 16 or while the 
27
alcohol
concentration in his or her blood, breath, or urine was 
28
0.16 or more based
on the definition of blood, breath, or urine 
29
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
30
not eligible for probation or conditional
discharge, and is 
31
subject to a minimum fine of $3,000.

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


 






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1
penalty
that may be imposed, to a mandatory minimum of 100 
2
hours of community service
and a mandatory minimum fine of 
3
$500.

4
    (c-13) Any person convicted of a second violation of 
5
subsection (a) or a similar provision committed within 10 years 
6
of a previous violation of subsection (a) or a similar 
7
provision committed within 10 years of a previous violation of 
8
subsection (a) or a similar provision, if at the time of the 
9
second violation of subsection (a) the
alcohol concentration in 
10
his or her blood, breath, or urine was 0.16 or more
based on 
11
the definition of blood, breath, or urine units in Section 
12
11-501.2,
shall be
subject, in addition to any other penalty 
13
that may be imposed, to a mandatory
minimum of 2 days of 
14
imprisonment and a mandatory minimum fine of $1,250.

15
    (c-14) Any person convicted of a third violation of 
16
subsection (a) or a
similar provision within 20 years of a 
17
previous violation of subsection (a) or
a
similar provision, if 
18
at the time of the third violation of subsection (a) or a

19
similar provision the alcohol concentration in his or her 
20
blood, breath, or
urine was 0.16 or more based on the 
21
definition of blood, breath, or urine units
in Section 
22
11-501.2, is guilty of a Class 4 felony and shall be subject, 
23
in
addition to any other penalty that may be imposed, to a 
24
mandatory minimum of
90 days of imprisonment and a mandatory 
25
minimum fine of $2,500.

26
    (c-15) Any person convicted of a fourth or fifth

violation 
27
of
subsection
(a) or a similar provision, if at the time of the 
28
fourth or fifth

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

36
11-501.2, is guilty of a Class 2 felony and is not eligible for 
 


 






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


3
    (c-16) Any person convicted of a sixth or subsequent 
4
violation of subsection (a) is guilty of a Class X felony.

5
    (d) (1) Every person convicted of committing a violation of 
6
    this Section
shall be guilty of aggravated driving under 
7
    the influence of alcohol,
other drug or drugs, or 
8
    intoxicating compound or compounds, or any combination

9
    thereof if:


10
            (A) the person committed a violation of subsection 
11
        (a) or a similar
provision for the
third or subsequent 
12
        time;


13
            (B) the person committed a violation of subsection 
14
        (a)
while
driving a school bus with persons 18 years of 
15
        age or younger

on board;


16
            (C) the person in committing a violation of 
17
        subsection
(a) was
involved in a motor vehicle accident 
18
        that resulted in great bodily harm or
permanent 
19
        disability or disfigurement to another, when the 
20
        violation was
a proximate cause of the injuries;


21
            (D) the person committed a violation of subsection 
22
        (a)
for a
second time and has been previously convicted 
23
        of violating Section 9-3 of the
Criminal Code of 1961 
24
        or a similar provision of a law of another state 
25
        relating to reckless homicide in which the person was

26
        determined to have been under the influence of alcohol, 
27
        other drug or
drugs, or intoxicating compound or 
28
        compounds as an element of the offense or
the person 
29
        has previously been convicted
under subparagraph (C) 
30
        or subparagraph (F) of this paragraph (1);


31
            (E) the person, in committing a violation of 
32
        subsection (a) while
driving at any speed in a school 
33
        speed zone at a time when a speed limit of
20 miles per 
34
        hour was in effect under subsection (a) of Section 
35
        11-605 of
this Code, was involved in a motor vehicle 
36
        accident that resulted in bodily
harm, other than great 
 


 






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1
        bodily harm or permanent disability or disfigurement,

2
        to another person, when the violation of subsection (a) 
3
        was a
proximate cause
of the bodily harm; or


4
            (F) the person, in committing a violation of 
5
        subsection (a), was
involved in a motor vehicle, 
6
        snowmobile, all-terrain vehicle, or watercraft

7
        accident that resulted in
the death of another person, 
8
        when the violation of subsection
(a) was
a proximate 
9
        cause of the death.


10
        (2) Except as provided in this paragraph (2), a person 
11
    convicted of
aggravated driving under
the
influence of 
12
    alcohol, other drug or
drugs,
or intoxicating compound or 
13
    compounds, or any
combination thereof is guilty of a Class 
14
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
15
    (1) of this subsection (d), the defendant, if sentenced to 
16
    a term
of imprisonment, shall be sentenced
to not less than

17
    one year nor more than 12 years.
Aggravated driving under 
18
    the influence of alcohol, other drug or drugs,
or 
19
    intoxicating compound or compounds, or any combination 
20
    thereof as
defined in subparagraph (F) of paragraph (1) of 
21
    this subsection (d) is
a Class 2 felony, for which the 
22
    defendant, if sentenced to a term of
imprisonment, shall be 
23
    sentenced to: (A) a
term of imprisonment of not less than 3 
24
    years and not more
than 14 years if the violation resulted 
25
    in the death of one person; or
(B) a term of imprisonment 
26
    of not less than 6 years and not
more than 28 years if the 
27
    violation resulted in the deaths of 2 or more
persons.
For 
28
    any prosecution under this subsection
(d), a certified copy 
29
    of the
driving abstract of the defendant shall be admitted 
30
    as proof of any prior
conviction.
Any person sentenced 
31
    under this subsection (d) who receives a term of
probation

32
    or conditional discharge must serve a minimum term of 
33
    either 480 hours of
community service or 10 days of 
34
    imprisonment as a condition of the probation or
conditional 
35
    discharge. This mandatory minimum term of imprisonment or

36
    assignment of community service may not be suspended or 
 


 






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    reduced by the court.


2
    (e) After a finding of guilt and prior to any final 
3
sentencing, or an
order for supervision, for an offense based 
4
upon an arrest for a
violation of this Section or a similar 
5
provision of a local ordinance,
individuals shall be required 
6
to undergo a professional evaluation to
determine if an 
7
alcohol, drug, or intoxicating compound abuse problem exists

8
and the
extent of the problem, and undergo the imposition of 
9
treatment as appropriate.
Programs conducting these 
10
evaluations shall be
licensed by the Department of Human 
11
Services.  The cost of any professional
evaluation shall be paid 
12
for by the
individual
required to undergo the professional 
13
evaluation.


14
    (e-1) Any person who is found guilty of or pleads guilty to 
15
violating this
Section, including any person receiving a 
16
disposition of court supervision for
violating this Section, 
17
may be required by the Court to attend a victim
impact panel 
18
offered by, or under contract with, a County State's Attorney's

19
office, a probation and court services department, Mothers 
20
Against Drunk
Driving,
or the Alliance Against Intoxicated 
21
Motorists.
All costs generated by
the victim impact panel shall 
22
be paid from fees collected from the
offender or as may be 
23
determined by the court.


24
    (f) Every person found guilty of violating this Section, 
25
whose
operation of a motor vehicle while in violation of this 
26
Section proximately
caused any incident resulting in an 
27
appropriate emergency response, shall
be liable for the expense 
28
of an emergency response as provided under
Section 5-5-3 of the 
29
Unified Code of Corrections.


30
    (g) The Secretary of State shall revoke the driving 
31
privileges of any
person convicted under this Section or a 
32
similar provision of a local
ordinance.


33
    (h) (Blank).



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


 






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1
offense of this Section or a similar provision of a local

2
ordinance.  The Secretary shall establish by rule and regulation 
3
the procedures
for certification and use of the interlock 
4
system.


5
    (j) In addition to any other penalties and liabilities, a 
6
person who is
found guilty of or pleads guilty to violating 
7
subsection (a), including any
person placed on court 
8
supervision for violating subsection (a), shall be fined
$500, 
9
payable to the
circuit clerk, who shall distribute the money as 
10
follows: 20% to the law enforcement agency
that made the arrest 
11
and 80% shall be forwarded to the State Treasurer for deposit 
12
into the General Revenue Fund.  If the person has been 
13
previously convicted of violating
subsection (a) or a similar 
14
provision of a local
ordinance, the fine shall be
$1,000.  In 
15
the event that more than one agency is responsible
for the 
16
arrest, the amount payable to law enforcement agencies  shall be 
17
shared equally.  Any moneys received
by a law
enforcement agency 
18
under this subsection (j) shall be used for enforcement and 
19
prevention of driving while under the influence of alcohol, 
20
other drug or drugs, intoxicating compound or compounds or any 
21
combination thereof, as defined by this Section, including but 
22
not limited to the
to purchase of law
enforcement equipment and 
23
commodities that will assist in the prevention of alcohol 
24
related
criminal violence throughout the State; police officer 
25
training and education in areas related to alcohol related 
26
crime, including but not limited to DUI training; and police 
27
officer salaries, including but not limited to salaries for 
28
hire back funding for safety checkpoints, saturation patrols, 
29
and liquor store sting operations. Equipment and commodities .  
30
This shall include, but are
is not limited
to, in-car video 
31
cameras, radar and laser speed detection devices, and alcohol

32
breath testers.
Any moneys received by the Department of State 
33
Police under this subsection
(j) shall be deposited into the 
34
State Police DUI Fund and shall be used for enforcement and 
35
prevention of driving while under the influence of alcohol, 
36
other drug or drugs, intoxicating compound or compounds or any 
 


 






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combination thereof, as defined by this Section, including but 
2
not limited to the
to
purchase of law enforcement equipment and 
3
commodities that will assist in the prevention of
alcohol 
4
related criminal violence throughout the State; police officer 
5
training and education in areas related to alcohol related 
6
crime, including but not limited to DUI training; and police 
7
officer salaries, including but not limited to salaries for 
8
hire back funding for safety checkpoints, saturation patrols, 
9
and liquor store sting operations.


10
    (k) The Secretary of State Police DUI Fund is created as a 
11
special
fund in the State treasury. All moneys received by the 
12
Secretary of State
Police under subsection (j) of this Section 
13
shall be deposited into the
Secretary of State Police DUI Fund 
14
and, subject to appropriation, shall be
used for enforcement 
15
and prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the
to purchase of law enforcement equipment and 
19
commodities to assist in the prevention of
alcohol related 
20
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations.


26
    (l) Whenever an individual is sentenced for an offense 
27
based upon an
arrest for a violation of subsection (a) or a 
28
similar provision of a local
ordinance, and the professional 
29
evaluation recommends remedial or
rehabilitative treatment or 
30
education, neither the treatment nor the education
shall be the 
31
sole disposition and either or both may be imposed only in

32
conjunction with another disposition. The court shall monitor 
33
compliance with
any remedial education or treatment 
34
recommendations contained in the
professional evaluation. 
35
Programs conducting alcohol or other drug evaluation
or 
36
remedial education must be licensed by the Department of Human 
 


 






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

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


24
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
25
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
26
93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)

 
27
    (Text of Section from P.A. 94-116)
28
    Sec. 11-501. Driving while under the influence of alcohol, 
29
other drug or
drugs, intoxicating compound or compounds or any 
30
combination thereof.

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


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


 


 






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        (2) under the influence of alcohol;


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


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


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


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


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

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


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

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

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

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

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


 






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

6
    (b-4) In the case of a third violation committed within 5

7
years of a previous violation of subsection (a) or a similar 
8
provision, the defendant is guilty of a Class 2 felony, and in

9
addition to any other criminal or administrative sanction, a 
10
mandatory minimum
term of either 10 days of imprisonment or 480 
11
hours of community service shall
be imposed.

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


16
    (c) (Blank).



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

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

23
    Class 4 felony.


24
        (2) A person who violates subsection (a) a third
time 
25
    is guilty of
a Class 2 felony.
26
        (2.1) A person who violates subsection (a) a third 
27
    time, if the third
violation occurs during a period in 
28
    which his or her driving privileges are
revoked or 
29
    suspended where the revocation or suspension was for a 
30
    violation of
subsection (a), Section 11-501.1, subsection 
31
    (b) of Section 11-401, or for
reckless homicide as defined 
32
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
33
    Class 2 felony; and if the
person receives a term of

34
    probation or conditional discharge, he or she shall be 
35
    required to serve a
mandatory
minimum of 10 days of 
36
    imprisonment or shall be assigned a mandatory minimum of

 


 






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

6
        (2.2) A person who violates subsection (a), if the

7
    violation occurs during a period in which his or her 
8
    driving privileges are
revoked or suspended where the 
9
    revocation or suspension was for a violation of
subsection 
10
    (a) or Section 11-501.1, shall also be sentenced to an 
11
    additional
mandatory minimum term of 30 consecutive days of 
12
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
13
    720 hours of community service, as may be
determined by the 
14
    court.  This mandatory term of imprisonment or assignment of

15
    community service shall  not be suspended or reduced by the 
16
    court.


17
        (3) A person who violates subsection (a) a fourth time 
18
    is guilty of
a Class 2 felony and is not eligible for a 
19
    sentence of probation or
conditional discharge.


20
        (4) A person who violates subsection (a) a fifth or 
21
    subsequent time is guilty of a Class 1 felony and is not 
22
    eligible for a sentence of probation or conditional 
23
    discharge.

24
    (c-2) (Blank).


25
    (c-3) (Blank).



26
    (c-4) (Blank).

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

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

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


 






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

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

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

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

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

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

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

30
person eligible for a reduced sentence.

31
    (c-9) Any person convicted a third time for violating 
32
subsection (a) or a
similar provision, if at the time of the 
33
third violation the person was
transporting a person under the 
34
age of 16, is guilty of a Class 2 felony and shall
receive, in 
35
addition to any other
penalty imposed, an additional mandatory 
36
fine of $1,000, an additional
mandatory 140 hours of community 
 


 






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

6
    (c-10) Any person convicted of violating subsection (c-9) 
7
or a similar
provision a third time within 20 years of a 
8
previous violation of subsection
(a) or a
similar provision is 
9
guilty of a Class 2 felony and shall receive, in addition
to 
10
any other penalty imposed, an additional mandatory 40 hours of 
11
community
service in a program benefiting children, an 
12
additional mandatory fine of

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

17
    (c-11) Any person convicted a fourth time for violating

18
subsection (a) or a similar provision, if at the time of the 
19
fourth violation the person was transporting a person under the 
20
age of 16,
and if the person's 3 prior violations of subsection 
21
(a) or a similar provision
occurred while transporting a person 
22
under the age of 16 or while the alcohol
concentration in his 
23
or her blood, breath, or urine was 0.16 or more based
on the 
24
definition of blood, breath, or urine units in Section 
25
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
26
probation or conditional
discharge, and is subject to a minimum 
27
fine of $3,000.

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

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


 






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

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

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

22
    (c-15) Any person convicted of a fourth
violation of

23
subsection
(a) or a similar provision, if at the time of the 
24
fourth
violation the alcohol concentration in his or her blood, 
25
breath, or urine was
0.16 or more based on the definition of 
26
blood, breath, or urine units in
Section 11-501.2, and if the 
27
person's 3 prior violations of subsection (a) or a
similar 
28
provision occurred while transporting a person under the age of 
29
16 or
while the alcohol concentration in his or her blood, 
30
breath, or urine was 0.16
or more based on the definition of 
31
blood, breath, or urine units in Section
11-501.2, is guilty of 
32
a Class 2 felony and is not eligible for a sentence of

33
probation or conditional discharge and is subject to a minimum 
34
fine of
$2,500.


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


 






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

3
    thereof if:


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


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

on board;


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


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

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


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

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


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

 


 






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


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

12
    one year nor more than 12 years.
Except as provided in 
13
    paragraph (4) of subsection (c-1), aggravated driving 
14
    under the influence of alcohol, other drug, or drugs, 
15
    intoxicating compounds or compounds, or any combination 
16
    thereof as defined in subparagraph (A) of paragraph (1) of 
17
    this subsection (d) is a Class 2 felony. Aggravated driving 
18
    under the influence of alcohol, other drug or drugs,
or 
19
    intoxicating compound or compounds, or any combination 
20
    thereof as
defined in subparagraph (F) of paragraph (1) of 
21
    this subsection (d) is
a Class 2 felony, for which the 
22
    defendant, if sentenced to a term of
imprisonment, shall be 
23
    sentenced to: (A) a
term of imprisonment of not less than 3 
24
    years and not more
than 14 years if the violation resulted 
25
    in the death of one person; or
(B) a term of imprisonment 
26
    of not less than 6 years and not
more than 28 years if the 
27
    violation resulted in the deaths of 2 or more
persons.
For 
28
    any prosecution under this subsection
(d), a certified copy 
29
    of the
driving abstract of the defendant shall be admitted 
30
    as proof of any prior
conviction.
Any person sentenced 
31
    under this subsection (d) who receives a term of
probation

32
    or conditional discharge must serve a minimum term of 
33
    either 480 hours of
community service or 10 days of 
34
    imprisonment as a condition of the probation or
conditional 
35
    discharge. This mandatory minimum term of imprisonment or

36
    assignment of community service may not be suspended or 
 


 






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    reduced by the court.


2
    (e) After a finding of guilt and prior to any final 
3
sentencing, or an
order for supervision, for an offense based 
4
upon an arrest for a
violation of this Section or a similar 
5
provision of a local ordinance,
individuals shall be required 
6
to undergo a professional evaluation to
determine if an 
7
alcohol, drug, or intoxicating compound abuse problem exists

8
and the
extent of the problem, and undergo the imposition of 
9
treatment as appropriate.
Programs conducting these 
10
evaluations shall be
licensed by the Department of Human 
11
Services.  The cost of any professional
evaluation shall be paid 
12
for by the
individual
required to undergo the professional 
13
evaluation.


14
    (e-1) Any person who is found guilty of or pleads guilty to 
15
violating this
Section, including any person receiving a 
16
disposition of court supervision for
violating this Section, 
17
may be required by the Court to attend a victim
impact panel 
18
offered by, or under contract with, a County State's Attorney's

19
office, a probation and court services department, Mothers 
20
Against Drunk
Driving,
or the Alliance Against Intoxicated 
21
Motorists.
All costs generated by
the victim impact panel shall 
22
be paid from fees collected from the
offender or as may be 
23
determined by the court.


24
    (f) Every person found guilty of violating this Section, 
25
whose
operation of a motor vehicle while in violation of this 
26
Section proximately
caused any incident resulting in an 
27
appropriate emergency response, shall
be liable for the expense 
28
of an emergency response as provided under
Section 5-5-3 of the 
29
Unified Code of Corrections.


30
    (g) The Secretary of State shall revoke the driving 
31
privileges of any
person convicted under this Section or a 
32
similar provision of a local
ordinance.


33
    (h) (Blank).



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


 






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1
offense of this Section or a similar provision of a local

2
ordinance.  The Secretary shall establish by rule and regulation 
3
the procedures
for certification and use of the interlock 
4
system.


5
    (j) In addition to any other penalties and liabilities, a 
6
person who is
found guilty of or pleads guilty to violating 
7
subsection (a), including any
person placed on court 
8
supervision for violating subsection (a), shall be fined
$500, 
9
payable to the
circuit clerk, who shall distribute the money as 
10
follows: 20% to the law enforcement agency
that made the arrest 
11
and 80% shall be forwarded to the State Treasurer for deposit 
12
into the General Revenue Fund.  If the person has been 
13
previously convicted of violating
subsection (a) or a similar 
14
provision of a local
ordinance, the fine shall be
$1,000.  In 
15
the event that more than one agency is responsible
for the 
16
arrest, the amount payable to law enforcement agencies  shall be 
17
shared equally.  Any moneys received
by a law
enforcement agency 
18
under this subsection (j) shall be used for enforcement and 
19
prevention of driving while under the influence of alcohol, 
20
other drug or drugs, intoxicating compound or compounds or any 
21
combination thereof, as defined by this Section, including but 
22
not limited to the
to purchase of law
enforcement equipment and 
23
commodities that will assist in the prevention of alcohol 
24
related
criminal violence throughout the State; police officer 
25
training and education in areas related to alcohol related 
26
crime, including but not limited to DUI training; and police 
27
officer salaries, including but not limited to salaries for 
28
hire back funding for safety checkpoints, saturation patrols, 
29
and liquor store sting operations. Equipment and commodities .  
30
This shall include, but are
is not limited
to, in-car video 
31
cameras, radar and laser speed detection devices, and alcohol

32
breath testers.
Any moneys received by the Department of State 
33
Police under this subsection
(j) shall be deposited into the 
34
State Police DUI Fund and shall be used for enforcement and 
35
prevention of driving while under the influence of alcohol, 
36
other drug or drugs, intoxicating compound or compounds or any 
 


 






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combination thereof, as defined by this Section, including but 
2
not limited to the
to
purchase of law enforcement equipment and 
3
commodities that will assist in the prevention of
alcohol 
4
related criminal violence throughout the State; police officer 
5
training and education in areas related to alcohol related 
6
crime, including but not limited to DUI training; and police 
7
officer salaries, including but not limited to salaries for 
8
hire back funding for safety checkpoints, saturation patrols, 
9
and liquor store sting operations.


10
    (k) The Secretary of State Police DUI Fund is created as a 
11
special
fund in the State treasury. All moneys received by the 
12
Secretary of State
Police under subsection (j) of this Section 
13
shall be deposited into the
Secretary of State Police DUI Fund 
14
and, subject to appropriation, shall be
used for enforcement 
15
and prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the
to purchase of law enforcement equipment and 
19
commodities to assist in the prevention of
alcohol related 
20
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations.


26
    (l) Whenever an individual is sentenced for an offense 
27
based upon an
arrest for a violation of subsection (a) or a 
28
similar provision of a local
ordinance, and the professional 
29
evaluation recommends remedial or
rehabilitative treatment or 
30
education, neither the treatment nor the education
shall be the 
31
sole disposition and either or both may be imposed only in

32
conjunction with another disposition. The court shall monitor 
33
compliance with
any remedial education or treatment 
34
recommendations contained in the
professional evaluation. 
35
Programs conducting alcohol or other drug evaluation
or 
36
remedial education must be licensed by the Department of Human 
 


 






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

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


24
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
25
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
26
93-840, eff. 7-30-04; 94-116, eff. 1-1-06.)

 
27
    (Text of Section from P.A. 94-329)
28
    Sec. 11-501. Driving while under the influence of alcohol, 
29
other drug or
drugs, intoxicating compound or compounds or any 
30
combination thereof.


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


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


 


 






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        (2) under the influence of alcohol;


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


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


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


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


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

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


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

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

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

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

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


 






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

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

11
be imposed.

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


16
    (c) (Blank).



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

during
a 
18
    period in which his
or her driving privileges are revoked 
19
    or suspended, where the revocation or
suspension was for a 
20
    violation of subsection (a), Section
11-501.1, paragraph 
21
    (b)
of Section 11-401, or for reckless homicide as defined 
22
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
23
    aggravated driving under the influence of alcohol, other 
24
    drug or drugs, intoxicating compound or compounds, or any 
25
    combination thereof and is guilty of a
Class 4 felony.


26
        (2) A person who violates subsection (a) a third
time, 
27
    if the third violation occurs during a period in
which his 
28
    or her driving privileges are revoked or suspended where 
29
    the
revocation
or suspension was for a violation of 
30
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
31
    11-401, or for reckless homicide as defined in Section 9-3

32
    of the Criminal Code of 1961, is guilty of aggravated 
33
    driving under the influence of alcohol, other drug or 
34
    drugs, intoxicating compound or compounds, or any 
35
    combination thereof and is guilty of
a Class 3 felony.
36
        (2.1) A person who violates subsection (a) a third 
 


 






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    time, if the third
violation occurs during a period in 
2
    which his or her driving privileges are
revoked or 
3
    suspended where the revocation or suspension was for a 
4
    violation of
subsection (a), Section 11-501.1, subsection 
5
    (b) of Section 11-401, or for
reckless homicide as defined 
6
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
7
    aggravated driving under the influence of alcohol, other 
8
    drug or drugs, intoxicating compound or compounds, or any 
9
    combination thereof and is guilty of a Class 3 felony; and 
10
    if the
person receives a term of
probation or conditional 
11
    discharge, he or she shall be required to serve a
mandatory

12
    minimum of 10 days of imprisonment or shall be assigned a 
13
    mandatory minimum of
480 hours of community service, as may 
14
    be determined by the court, as a
condition of the probation 
15
    or conditional discharge. This mandatory minimum
term of 
16
    imprisonment or assignment of community service shall not 
17
    be suspended
or reduced by the court.

18
        (2.2) A person who violates subsection (a), if the

19
    violation occurs during a period in which his or her 
20
    driving privileges are
revoked or suspended where the 
21
    revocation or suspension was for a violation of
subsection 
22
    (a) or Section 11-501.1, is guilty of aggravated driving 
23
    under the influence of alcohol, other drug or drugs, 
24
    intoxicating compound or compounds, or any combination 
25
    thereof and shall also be sentenced to an additional

26
    mandatory minimum term of 30 consecutive days of 
27
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
28
    720 hours of community service, as may be
determined by the 
29
    court.  This mandatory term of imprisonment or assignment of

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


32
        (3) A person who violates subsection (a) a fourth or

33
    subsequent time, if the fourth or subsequent violation 
34
    occurs
during a period in which his
or her driving 
35
    privileges are revoked or suspended where the revocation
or 
36
    suspension was for a violation of subsection (a),
Section 
 


 






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    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
2
    homicide as defined in
Section 9-3
of
the Criminal Code of 
3
    1961, is guilty of aggravated driving under the influence 
4
    of alcohol, other drug or drugs, intoxicating compound or 
5
    compounds, or any combination thereof and is guilty of
a 
6
    Class 2 felony, and is not eligible for a sentence of 
7
    probation or
conditional discharge.


8
    (c-2) (Blank).


9
    (c-3) (Blank).



10
    (c-4) (Blank).

11
    (c-5) A person who violates subsection (a), if the person 
12
was transporting
a person under the age of 16 at the time of 
13
the violation, is subject to an
additional mandatory minimum 
14
fine of $1,000, an additional mandatory minimum
140 hours of 
15
community service, which shall include 40 hours of community

16
service in a program benefiting children, and an additional 2 
17
days of
imprisonment. The imprisonment or assignment of 
18
community service under this
subsection (c-5) is not subject to 
19
suspension, nor is the person eligible for
a reduced sentence.

20
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
21
person who
violates
subsection (a) a second time, if at the 
22
time of
the second violation the person was transporting a 
23
person under the age of 16,
is subject to an additional 10 days 
24
of imprisonment, an additional mandatory
minimum fine of 
25
$1,000, and an additional mandatory minimum 140 hours of

26
community service, which shall include 40 hours of community 
27
service in a
program benefiting children.
The imprisonment or 
28
assignment of community service under this subsection (c-6)
is 
29
not subject to suspension, nor is the person eligible for a 
30
reduced
sentence.

31
    (c-7) Except as provided in subsection (c-8), any person 
32
convicted of
violating subsection (c-6) or a similar
provision 
33
within 10 years of a previous violation of subsection (a) or a

34
similar provision shall receive, in addition to any other 
35
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
36
additional 40 hours of mandatory
community service in a program 
 


 






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benefiting children, and a mandatory minimum
fine of $1,750. 
2
The imprisonment or assignment of community service under this

3
subsection (c-7) is not subject to suspension, nor is the 
4
person
eligible for a reduced sentence.

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

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

14
person eligible for a reduced sentence.

15
    (c-9) Any person convicted a third time for violating 
16
subsection (a) or a
similar provision, if at the time of the 
17
third violation the person was
transporting a person under the 
18
age of 16, is guilty of a Class 4 felony and shall
receive, in 
19
addition to any other
penalty imposed, an additional mandatory 
20
fine of $1,000, an additional
mandatory 140 hours of community 
21
service, which shall include 40 hours in a
program benefiting 
22
children, and a mandatory minimum 30 days of imprisonment.
The 
23
imprisonment or assignment of community service under this 
24
subsection (c-9)
is not subject to suspension, nor is the 
25
person eligible for a reduced
sentence.

26
    (c-10) Any person convicted of violating subsection (c-9) 
27
or a similar
provision a third time within 20 years of a 
28
previous violation of subsection
(a) or a
similar provision is 
29
guilty of a Class 4 felony and shall receive, in addition
to 
30
any other penalty imposed, an additional mandatory 40 hours of 
31
community
service in a program benefiting children, an 
32
additional mandatory fine of

$3,000, and a mandatory minimum 
33
120 days of imprisonment. The imprisonment or
assignment of 
34
community service under this subsection (c-10) is not subject 
35
to
suspension, nor is the person eligible for a reduced 
36
sentence.

 


 






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1
    (c-11) Any person convicted a fourth or subsequent time for 
2
violating
subsection (a) or a similar provision, if at the time 
3
of the fourth or
subsequent violation the person was 
4
transporting a person under the age of 16,
and if the person's 
5
3 prior violations of subsection (a) or a similar provision

6
occurred while transporting a person under the age of 16 or 
7
while the alcohol
concentration in his or her blood, breath, or 
8
urine was 0.16 or more based
on the definition of blood, 
9
breath, or urine units in Section 11-501.2, is
guilty of a 
10
Class 2 felony, is not eligible for probation or conditional

11
discharge, and is subject to a minimum fine of $3,000.

12
    (c-12) Any person convicted of a first violation of 
13
subsection (a) or a
similar provision, if the alcohol 
14
concentration in his or her blood, breath, or
urine was 0.16 or 
15
more based on the definition of blood, breath, or urine
units 
16
in Section 11-501.2, shall be subject, in addition to any other 
17
penalty
that may be imposed, to a mandatory minimum of 100 
18
hours of community service
and a mandatory minimum fine of 
19
$500.

20
    (c-13) Any person convicted of a second violation of 
21
subsection (a) or a similar provision committed within 10 years 
22
of a previous violation of subsection (a) or a similar 
23
provision committed within 10 years of a previous violation of 
24
subsection (a) or a similar provision, if at the time of the 
25
second violation of subsection (a) the
alcohol concentration in 
26
his or her blood, breath, or urine was 0.16 or more
based on 
27
the definition of blood, breath, or urine units in Section 
28
11-501.2,
shall be
subject, in addition to any other penalty 
29
that may be imposed, to a mandatory
minimum of 2 days of 
30
imprisonment and a mandatory minimum fine of $1,250.

31
    (c-14) Any person convicted of a third violation of 
32
subsection (a) or a
similar provision within 20 years of a 
33
previous violation of subsection (a) or
a
similar provision, if 
34
at the time of the third violation of subsection (a) or a

35
similar provision the alcohol concentration in his or her 
36
blood, breath, or
urine was 0.16 or more based on the 
 


 






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

6
    (c-15) Any person convicted of a fourth or subsequent 
7
violation of
subsection
(a) or a similar provision, if at the 
8
time of the fourth or subsequent
violation the alcohol 
9
concentration in his or her blood, breath, or urine was
0.16 or 
10
more based on the definition of blood, breath, or urine units 
11
in
Section 11-501.2, and if the person's 3 prior violations of 
12
subsection (a) or a
similar provision occurred while 
13
transporting a person under the age of 16 or
while the alcohol 
14
concentration in his or her blood, breath, or urine was 0.16
or 
15
more based on the definition of blood, breath, or urine units 
16
in Section
11-501.2, is guilty of a Class 2 felony and is not 
17
eligible for a sentence of
probation or conditional discharge 
18
and is subject to a minimum fine of
$2,500.


19
    (d) (1) Every person convicted of committing a violation of 
20
    this Section
shall be guilty of aggravated driving under 
21
    the influence of alcohol,
other drug or drugs, or 
22
    intoxicating compound or compounds, or any combination

23
    thereof if:


24
            (A) the person committed a violation of subsection 
25
        (a) or a similar
provision for the
third or subsequent 
26
        time;


27
            (B) the person committed a violation of subsection 
28
        (a)
while
driving a school bus with persons 18 years of 
29
        age or younger

on board;


30
            (C) the person in committing a violation of 
31
        subsection
(a) was
involved in a motor vehicle accident 
32
        that resulted in great bodily harm or
permanent 
33
        disability or disfigurement to another, when the 
34
        violation was
a proximate cause of the injuries;


35
            (D) the person committed a violation of subsection 
36
        (a)
for a
second time and has been previously convicted 
 


 






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1
        of violating Section 9-3 of the
Criminal Code of 1961 
2
        or a similar provision of a law of another state 
3
        relating to reckless homicide in which the person was

4
        determined to have been under the influence of alcohol, 
5
        other drug or
drugs, or intoxicating compound or 
6
        compounds as an element of the offense or
the person 
7
        has previously been convicted
under subparagraph (C) 
8
        or subparagraph (F) of this paragraph (1);


9
            (E) the person, in committing a violation of 
10
        subsection (a) while
driving at any speed in a school 
11
        speed zone at a time when a speed limit of
20 miles per 
12
        hour was in effect under subsection (a) of Section 
13
        11-605 of
this Code, was involved in a motor vehicle 
14
        accident that resulted in bodily
harm, other than great 
15
        bodily harm or permanent disability or disfigurement,

16
        to another person, when the violation of subsection (a) 
17
        was a
proximate cause
of the bodily harm; or


18
            (F) the person, in committing a violation of 
19
        subsection (a), was
involved in a motor vehicle, 
20
        snowmobile, all-terrain vehicle, or watercraft

21
        accident that resulted in
the death of another person, 
22
        when the violation of subsection
(a) was
a proximate 
23
        cause of the death;


24
            (G) the person committed the violation while he or 
25
        she did not possess a driver's license or permit or a 
26
        restricted driving permit or a judicial driving 
27
        permit; or

28
            (H) the person committed the violation while he or 
29
        she knew or should have known that the vehicle he or 
30
        she was driving was not covered by a liability 
31
        insurance policy.

32
        (2) Except as provided in this paragraph (2) and in 
33
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
34
    person convicted of
aggravated driving under
the
influence 
35
    of alcohol, other drug or
drugs,
or intoxicating compound 
36
    or compounds, or any
combination thereof is guilty of a 
 


 






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    Class 4 felony.  For a violation of
subparagraph (C)
of

2
    paragraph (1) of this subsection (d), the defendant, if 
3
    sentenced to a term
of imprisonment, shall be sentenced
to 
4
    not less than
one year nor more than 12 years.
Aggravated 
5
    driving under the influence of alcohol, other drug or 
6
    drugs,
or intoxicating compound or compounds, or any 
7
    combination thereof as
defined in subparagraph (F) of 
8
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
9
    for which the defendant, if sentenced to a term of

10
    imprisonment, shall be sentenced to: (A) a
term of 
11
    imprisonment of not less than 3 years and not more
than 14 
12
    years if the violation resulted in the death of one person; 
13
    or
(B) a term of imprisonment of not less than 6 years and 
14
    not
more than 28 years if the violation resulted in the 
15
    deaths of 2 or more
persons.
For any prosecution under this 
16
    subsection
(d), a certified copy of the
driving abstract of 
17
    the defendant shall be admitted as proof of any prior

18
    conviction.
Any person sentenced under this subsection (d) 
19
    who receives a term of
probation
or conditional discharge 
20
    must serve a minimum term of either 480 hours of
community 
21
    service or 10 days of imprisonment as a condition of the 
22
    probation or
conditional discharge. This mandatory minimum 
23
    term of imprisonment or
assignment of community service may 
24
    not be suspended or reduced by the court.


25
    (e) After a finding of guilt and prior to any final 
26
sentencing, or an
order for supervision, for an offense based 
27
upon an arrest for a
violation of this Section or a similar 
28
provision of a local ordinance,
individuals shall be required 
29
to undergo a professional evaluation to
determine if an 
30
alcohol, drug, or intoxicating compound abuse problem exists

31
and the
extent of the problem, and undergo the imposition of 
32
treatment as appropriate.
Programs conducting these 
33
evaluations shall be
licensed by the Department of Human 
34
Services.  The cost of any professional
evaluation shall be paid 
35
for by the
individual
required to undergo the professional 
36
evaluation.


 


 






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    (e-1) Any person who is found guilty of or pleads guilty to 
2
violating this
Section, including any person receiving a 
3
disposition of court supervision for
violating this Section, 
4
may be required by the Court to attend a victim
impact panel 
5
offered by, or under contract with, a County State's Attorney's

6
office, a probation and court services department, Mothers 
7
Against Drunk
Driving,
or the Alliance Against Intoxicated 
8
Motorists.
All costs generated by
the victim impact panel shall 
9
be paid from fees collected from the
offender or as may be 
10
determined by the court.


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 expense 
15
of an emergency response as provided under
Section 5-5-3 of the 
16
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) (Blank).



21
    (i) The Secretary of State shall require the use of 
22
ignition interlock
devices on all vehicles owned by an 
23
individual who has been convicted of a
second
or subsequent 
24
offense of this Section or a similar provision of a local

25
ordinance.  The Secretary shall establish by rule and regulation 
26
the procedures
for certification and use of the interlock 
27
system.


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


 






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

19
breath testers.
Any moneys received by the Department of State 
20
Police under this subsection
(j) shall be deposited into the 
21
State Police DUI Fund and shall be used for enforcement and 
22
prevention of driving while under the influence of alcohol, 
23
other drug or drugs, intoxicating compound or compounds or any 
24
combination thereof, as defined by this Section, including but 
25
not limited to the
to
purchase of law enforcement equipment and 
26
commodities that will assist in the prevention of
alcohol 
27
related criminal violence throughout the State; police officer 
28
training and education in areas related to alcohol related 
29
crime, including but not limited to DUI training; and police 
30
officer salaries, including but not limited to salaries for 
31
hire back funding for safety checkpoints, saturation patrols, 
32
and liquor store sting operations.


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


 






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1
and, subject to appropriation, shall be
used for enforcement 
2
and prevention of driving while under the influence of alcohol, 
3
other drug or drugs, intoxicating compound or compounds or any 
4
combination thereof, as defined by this Section, including but 
5
not limited to the
to purchase of law enforcement equipment and 
6
commodities to assist in the prevention of
alcohol related 
7
criminal violence throughout the State; police officer 
8
training and education in areas related to alcohol related 
9
crime, including but not limited to DUI training; and police 
10
officer salaries, including but not limited to salaries for 
11
hire back funding for safety checkpoints, saturation patrols, 
12
and liquor store sting operations.


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

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

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


 






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


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


 
14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.













  

    

      

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