Public Act 90-0779 of the 90th General Assembly
Public Act 90-0779
SB1289 Enrolled LRB9008469RCks
AN ACT to amend the Illinois Vehicle Code by changing
Sections 6-201, 6-203.1, 6-205, 6-206.1, 6-207, 6-208.1,
11-500, 11-501, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and
11-501.6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-201, 6-203.1, 6-205, 6-206.1, 6-207,
6-208.1, 11-500, 11-501, 11-501.1, 11-501.2, 11-501.4,
11-501.4-1, and 11-501.6 as follows:
(625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof
hereunder; or
2. failed to give the required or correct
information in his application; or
3. failed to pay any fees, civil penalties owed to
the Illinois Commerce Commission, or taxes due under this
Act and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol,
and drug, and intoxicating compound evaluation or to
submit to examination or re-examination as required under
this Act; or
7. has been convicted of violating the Cannabis
Control Act, or the Illinois Controlled Substances Act,
or the Use of Intoxicating Compounds Act while that
individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed
on probation under Section 10 of the Cannabis Control Act
or Section 410 of the Illinois Controlled Substances Act
shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control
of a motor vehicle, shall have an entry made in the court
record by the judge that this offense did occur while the
person was in actual physical control of a motor vehicle
and order the clerk of the court to report the violation
to the Secretary of State as such. After the
cancellation, the Secretary of State shall not issue a
new license or permit for a period of one year after the
date of cancellation. However, upon application, the
Secretary of State may, if satisfied that the person
applying will not endanger the public safety, or welfare,
issue a restricted driving permit granting the privilege
of driving a motor vehicle between the person's residence
and person's place of employment or within the scope of
the person's employment related duties, or to allow
transportation for the person or a household member of
the person's family for the receipt of necessary medical
care or, if the professional evaluation indicates,
provide transportation for the petitioner for alcohol
remedial or rehabilitative activity, or for the person to
attend classes, as a student, in an accredited
educational institution; if the person is able to
demonstrate that no alternative means of transportation
is reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue such restricted
driving permit. In each case the Secretary of State may
issue such restricted driving permit for such period as
he deems appropriate, except that such permit shall
expire within one year from the date of issuance. A
restricted driving permit issued hereunder shall be
subject to cancellation, revocation and suspension by the
Secretary of State in like manner and for like cause as a
driver's license issued hereunder may be cancelled,
revoked or suspended; except that a conviction upon one
or more offenses against laws or ordinances regulating
the movement of traffic shall be deemed sufficient cause
for the revocation, suspension or cancellation of a
restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving
permit, require the applicant to participate in a driver
remedial or rehabilitative program; or
8. failed to submit a report as required by Section
6-116.5 of this Code.
(b) Upon such cancellation the licensee or permittee
must surrender the license or permit so cancelled to the
Secretary of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State shall have exclusive authority to
grant, issue, deny, cancel, suspend and revoke driving
privileges, drivers' licenses and restricted driving permits.
(Source: P.A. 88-212; 88-415; 88-670, eff. 12-2-94; 89-92,
eff. 7-1-96; 89-584, eff. 7-31-96.)
(625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
Sec. 6-203.1. (a) The Secretary of State is authorized
to suspend the driving privileges of persons arrested in
another state for driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any a combination thereof, or a similar provision, and who
has refused to submit to a chemical test or tests under the
provisions of implied consent.
(b) When a driving privilege has been suspended for a
refusal as provided in paragraph (a) and the person is
subsequently convicted of the underlying charge, for the same
incident, any period served on suspension shall be credited
toward the minimum period of revocation of driving privileges
imposed pursuant to Section 6-206.
(Source: P.A. 84-1394.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof of both;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 1-8 of the Juvenile Court Act of 1987 that
the minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court, may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code
may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph 13
of subsection (a) of this Section, no restricted driving
permit shall be issued until the individual has served 6
months of the revocation period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age. A
restricted driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as a
driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
The revocation periods contained in this subparagraph shall
apply to similar out-of-state convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Judicial Driving Permit. Declaration of
Policy. It is hereby declared a policy of the State of
Illinois that the driver who is impaired by alcohol, or other
drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice and to remove problem
drivers from the highway, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that in some cases the
granting of limited driving privileges, where consistent with
public safety, is warranted during the period of suspension
in the form of a judicial driving permit to drive for the
purpose of employment, receiving drug treatment or medical
care, and educational pursuits, where no alternative means of
transportation is available.
The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the first offender as defined in Section 11-500 may
petition the circuit court of venue for a Judicial Driving
Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to
the criteria contained in this Section, directing the
Secretary of State to issue such a JDP to the petitioner. A
JDP shall not become effective prior to the 31st day of the
original statutory summary suspension and shall always be
subject to the following criteria:
1. If ordered for the purposes of employment, the
JDP shall be only for the purpose of providing the
petitioner the privilege of driving a motor vehicle
between the petitioner's residence and the petitioner's
place of employment and return; or within the scope of
the petitioner's employment related duties, shall be
effective only during and limited to those specific times
and routes actually required to commute or perform the
petitioner's employment related duties.
2. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
for the petitioner, or a household member of the
petitioner's family, to receive alcohol, or other drug,
or intoxicating compound treatment or medical care, if
the petitioner is able to demonstrate that no alternative
means of transportation is reasonably available. Such JDP
shall be effective only during the specific times
actually required to commute.
3. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
by the petitioner for educational purposes upon
demonstrating that there are no alternative means of
transportation reasonably available to accomplish those
educational purposes. Such JDP shall be only for the
purpose of providing transportation to and from the
petitioner's residence and the petitioner's place of
educational activity, and only during the specific times
and routes actually required to commute or perform the
petitioner's educational requirement.
4. The Court shall not issue an order granting a
JDP to:
(i) Any person unless and until the court,
after considering the results of a current
professional evaluation of the person's alcohol or
other drug use by an agency pursuant to Section
15-10 of the Alcoholism and Other Drug Abuse and
Dependency Act and other appropriate investigation
of the person, is satisfied that granting the
privilege of driving a motor vehicle on the highways
will not endanger the public safety or welfare.
(ii) Any person who has been convicted of
reckless homicide within the previous 5 years.
(iii) Any person whose privilege to operate a
motor vehicle was invalid at the time of arrest for
the current violation of Section 11-501, or a
similar provision of a local ordinance, except in
cases where the cause for a driver's license
suspension has been removed at the time a JDP is
effective. In any case, should the Secretary of
State enter a suspension or revocation of driving
privileges pursuant to the provisions of this Code
while the JDP is in effect or pending, the Secretary
shall take the prescribed action and provide a
notice to the person and the court ordering the
issuance of the JDP that all driving privileges,
including those provided by the issuance of the JDP,
have been withdrawn.
(iv) Any person under the age of 18 years.
(b) Prior to ordering the issuance of a JDP the Court
should consider at least, but not be limited to, the
following issues:
1. Whether the person is employed and no other
means of commuting to the place of employment is
available or that the person must drive as a condition of
employment. The employer shall certify the hours of
employment and the need and parameters necessary for
driving as a condition to employment.
2. Whether the person must drive to secure alcohol
or other medical treatment for himself or a family
member.
3. Whether the person must drive for educational
purposes. The educational institution shall certify the
person's enrollment in and academic schedule at the
institution.
4. Whether the person has been repeatedly convicted
of traffic violations or involved in motor vehicle
accidents to a degree which indicates disrespect for
public safety.
5. Whether the person has been convicted of a
traffic violation in connection with a traffic accident
resulting in the death of any person within the last 5
years.
6. Whether the person is likely to obey the limited
provisions of the JDP.
7. Whether the person has any additional traffic
violations pending in any court.
For purposes of this Section, programs conducting
professional evaluations of a person's alcohol, or other
drug, or intoxicating compound use must report, to the court
of venue, using a form prescribed by the Secretary of State.
A copy of such evaluations shall be sent to the Secretary of
State by the court. However, the evaluation information shall
be privileged and only available to courts and to the
Secretary of State, but shall not be admissible in the
subsequent trial on the underlying charge.
(c) The scope of any court order issued for a JDP under
this Section shall be limited to the operation of a motor
vehicle as provided for in subsection (a) of this Section and
shall specify the petitioner's residence, place of employment
or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days
of the week and specific hours of the day when the petitioner
is able to exercise the limited privilege of operating a
motor vehicle. If the Petitioner, who has been granted a JDP,
is issued a citation for a traffic related offense, including
operating a motor vehicle outside the limitations prescribed
in the JDP or a violation of Section 6-303, or is convicted
of any such an offense during the term of the JDP, the court
shall consider cancellation of the limited driving permit.
In any case, if the Petitioner commits an offense, as defined
in Section 11-501, or a similar provision of a local
ordinance, as evidenced by the issuance of a Uniform Traffic
Ticket, the JDP shall be forwarded by the court of venue to
the court ordering the issuance of the JDP, for cancellation.
The court shall notify the Secretary of State of any such
cancellation.
(d) The Secretary of State shall, upon receiving a court
order from the court of venue, issue a JDP to a successful
Petitioner under this Section. Such court order form shall
also contain a notification, which shall be sent to the
Secretary of State, providing the name, driver's license
number and legal address of the successful petitioner, and
the full and detailed description of the limitations of the
JDP. This information shall be available only to the courts,
police officers, and the Secretary of State, except during
the actual period the JDP is valid, during which time it
shall be a public record. The Secretary of State shall design
and furnish to the courts an official court order form to be
used by the courts when directing the Secretary of State to
issue a JDP.
Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
JDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the JDP cannot
be so entered. A notice of this action shall also be sent to
the JDP petitioner by the Secretary of State.
(e) The circuit court of venue may conduct the judicial
hearing, as provided in Section 2-118.1, and the JDP hearing
provided in this Section, concurrently. Such concurrent
hearing shall proceed in the court in the same manner as in
other civil proceedings.
(Source: P.A. 90-369, eff. 1-1-98.)
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
Sec. 6-207. Secretary of State may require reexamination
or reissuance of a license.
(a) The Secretary of State, having good cause to believe
that a licensed driver or person holding a permit or applying
for a license or license renewal is incompetent or otherwise
not qualified to hold a license or permit, may upon written
notice of at least 5 days to the person require the person to
submit to an examination as prescribed by the Secretary.
Refusal or neglect of the person to submit an alcohol,
and drug, or intoxicating compound evaluation or submit to or
failure to successfully complete the examination is grounds
for suspension of the person's license or permit under
Section 6-206 of this Act or cancellation of his license or
permit under Section 6-201 of this Act.
(b) The Secretary of State, having issued a driver's
license or permit in error, may upon written notice of at
least 5 days to the person, require the person to appear at a
Driver Services facility to have the license or permit error
corrected and a new license or permit issued.
Refusal or neglect of the person to appear is grounds for
cancellation of the person's license or permit under Section
6-201 of this Act.
(Source: P.A. 87-1114; 88-212.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, or
other drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor
vehicle on the public highways has been summarily suspended,
pursuant to Section 11-501.1, shall not be eligible for
restoration of the privilege until the expiration of:
1. Six months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, or
drug, or intoxicating compound concentration, pursuant to
Section 11-501.1; or
2. Three months from the effective date of the
statutory summary suspension imposed following the
person's submission to a chemical test which disclosed an
alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in such
person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, pursuant to Section 11-501.1; or
3. Two years from the effective date of the
statutory summary suspension for any person other than a
first offender who refuses or fails to complete a test or
tests to determine the alcohol, or drug, or intoxicating
compound concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more
pursuant to Section 11-501.1 or any amount of a drug,
substance or compound in such person's blood or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, or a
controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the
Use of Intoxicating Compounds Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
full driving privileges shall be restored unless the person
is otherwise disqualified by this Code. If the court has
reason to believe that the person's driving privilege should
not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to
this Code.
(c) Full driving privileges may not be restored until
all applicable reinstatement fees, as provided by this Code,
have been paid to the Secretary of State and the appropriate
entry made to the driver's record.
(d) Where a driving privilege has been summarily
suspended under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same
incident, any period served on statutory summary suspension
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first
offender, the circuit court may, after at least 30 days from
the effective date of the statutory summary suspension, issue
a judicial driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any
offense as defined in Section 11-501 or a similar provision
of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section
11-501.1, for a first offender, the circuit court may issue a
court order directing the Secretary of State to issue a
judicial driving permit as provided in Section 6-206.1.
However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500 and such
person refused or failed to complete a test or tests to
determine the alcohol, or drug, or intoxicating compound
concentration pursuant to Section 11-501.1, the Secretary of
State shall not issue a restricted driving permit.
(h) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender as defined in Section 11-500 and such
person submitted to a chemical test which disclosed an
alcohol concentration of 0.08 or more pursuant to Section
11-501.1, the Secretary of State may, after at least 90 days
from the effective date of the statutory summary suspension,
issue a restricted driving permit.
(Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of
interpreting Sections 6-206.1 and 6-208.1 of this Code,
"first offender" shall mean any person who has not had a
previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local
ordinance, or a conviction in any other state for a violation
of driving while under the influence or a similar offense
where the cause of action is the same or substantially
similar to this Code or any person who has not had a driver's
license suspension for violating Section 11-501.1 within 5
years prior to the date of the current offense, except in
cases where the driver submitted to chemical testing
resulting in an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or compound in such person's
blood or urine resulting from the unlawful use or consumption
of cannabis listed in the Cannabis Control Act, or a
controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act and was subsequently found not
guilty of violating Section 11-501, or a similar provision of
a local ordinance.
(Source: P.A. 90-43, eff. 7-2-97.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) (3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) (4) under the combined influence of alcohol,
and any other drug or drugs, or intoxicating compound or
compounds to a degree that renders the person incapable
of safely driving; or
(6) (5) there is any amount of a drug, substance,
or compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, or a
controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the
Use of Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof of both, shall not constitute a
defense against any charge of violating this Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the
court. This mandatory minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any a combination
thereof of both if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
or any other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person has
previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any a combination thereof of both is a Class 4 felony for
which a person, if sentenced to a term of imprisonment, shall
be sentenced to not less than one year and not more than 3
years for a violation of subparagraph (A), (B) or (D) of
paragraph (1) of this subsection (d) and not less than one
year and not more than 12 years for a violation of
subparagraph (C) of paragraph (1) of this subsection (d). For
any prosecution under this subsection (d), a certified copy
of the driving abstract of the defendant shall be admitted as
proof of any prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, or other drug, or intoxicating compound abuse
problem exists and the extent of the problem. Programs
conducting these evaluations shall be licensed by the
Department of Human Services. The cost of any professional
evaluation shall be paid for by the individual required to
undergo the professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
10-24-97.)
(625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
Sec. 11-501.1. Suspension of drivers license; Statutory
summary alcohol, or other drug or drugs, or intoxicating
compound or compounds related suspension; Implied consent.
(a) Any person who drives or is in actual physical
control of a motor vehicle upon the public highways of this
State shall be deemed to have given consent, subject to the
provisions of Section 11-501.2, to a chemical test or tests
of blood, breath, or urine for the purpose of determining the
content of alcohol, other drug or drugs, or intoxicating
compound or compounds or any combination thereof of both in
the person's blood if arrested, as evidenced by the issuance
of a Uniform Traffic Ticket, for any offense as defined in
Section 11-501 or a similar provision of a local ordinance.
The test or tests shall be administered at the direction of
the arresting officer. The law enforcement agency employing
the officer shall designate which of the aforesaid tests
shall be administered. A urine test may be administered even
after a blood or breath test or both has been administered.
For purposes of this Section, an Illinois law enforcement
officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an
adjoining state, where the person has been transported for
medical care, to complete an investigation and to request
that the person submit to the test or tests set forth in this
Section. The requirements of this Section that the person be
arrested are inapplicable, but the officer shall issue the
person a Uniform Traffic Ticket for an offense as defined in
Section 11-501 or a similar provision of a local ordinance
prior to requesting that the person submit to the test or
tests. The issuance of the Uniform Traffic Ticket shall not
constitute an arrest, but shall be for the purpose of
notifying the person that he or she is subject to the
provisions of this Section and of the officer's belief of the
existence of probable cause to arrest. Upon returning to
this State, the officer shall file the Uniform Traffic Ticket
with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant
or a summons for the person.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of
Section 11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test will
result in the statutory summary suspension of the person's
privilege to operate a motor vehicle as provided in Section
6-208.1 of this Code. The person shall also be warned by the
law enforcement officer that if the person submits to the
test or tests provided in paragraph (a) of this Section and
the alcohol concentration in the person's blood or breath is
0.08 or greater, or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of
cannabis as covered by the Cannabis Control Act, or a
controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act is detected in the person's
blood or urine, a statutory summary suspension of the
person's privilege to operate a motor vehicle, as provided in
Sections 6-208.1 and 11-501.1 of this Code will, be imposed.
A person who is under the age of 21 at the time the
person is requested to submit to a test as provided above
shall, in addition to the warnings provided for in this
Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or
tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is
greater than 0.00 and less than 0.08, a suspension of the
person's privilege to operate a motor vehicle, as provided
under Sections 6-208.2 and 11-501.8 of this Code, will be
imposed. The results of this test shall be admissible in a
civil or criminal action or proceeding arising from an arrest
for an offense as defined in Section 11-501 of this Code or a
similar provision of a local ordinance or pursuant to Section
11-501.4 in prosecutions for reckless homicide brought under
the Criminal Code of 1961. These test results, however, shall
be admissible only in actions or proceedings directly related
to the incident upon which the test request was made.
(d) If the person refuses testing or submits to a test
that discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
the person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, the
law enforcement officer shall immediately submit a sworn
report to the circuit court of venue and the Secretary of
State, certifying that the test or tests was or were
requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that
disclosed an alcohol concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law
enforcement officer submitted under paragraph (d), the
Secretary of State shall enter the statutory summary
suspension for the periods specified in Section 6-208.1, and
effective as provided in paragraph (g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State.
(f) The law enforcement officer submitting the sworn
report under paragraph (d) shall serve immediate notice of
the statutory summary suspension on the person and the
suspension shall be effective as provided in paragraph (g).
In cases where the blood alcohol concentration of 0.08 or
greater or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, or a controlled
substance listed in the Illinois Controlled Substances Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act is established by a subsequent analysis of
blood or urine collected at the time of arrest, the arresting
officer or arresting agency shall give notice as provided in
this Section or by deposit in the United States mail of the
notice in an envelope with postage prepaid and addressed to
the person at his address as shown on the Uniform Traffic
Ticket and the statutory summary suspension shall begin as
provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a
form prescribed by the Secretary of State, that will allow
that person to drive during the periods provided for in
paragraph (g). The officer shall immediately forward the
driver's license or permit to the circuit court of venue
along with the sworn report provided for in paragraph (d).
(g) The statutory summary suspension referred to in this
Section shall take effect on the 46th day following the date
the notice of the statutory summary suspension was given to
the person.
(h) The following procedure shall apply whenever a
person is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date
of the suspension to the person and the court of venue.
However, should the sworn report be defective by not
containing sufficient information or be completed in error,
the confirmation of the statutory summary suspension shall
not be mailed to the person or entered to the record, instead
the sworn report shall be forwarded to the court of venue
with a copy returned to the issuing agency identifying any
defect.
(Source: P.A. 90-43, eff. 7-2-97.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance,
shall be admissible. Where such test is made the following
provisions shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of Public Health in consultation with the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist acting under the
direction of a licensed physician, certified paramedic,
or other individual possessing a valid permit issued by
that Department for this purpose. The Director of the
Department of Public Health in consultation with the
Department of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
such analyses, to issue permits which shall be subject to
termination or revocation at the discretion of that
Department and to certify the accuracy of breath testing
equipment. The Illinois Department of Public Health shall
prescribe regulations as necessary to implement this
Section.
2. When a person in this State shall submit to a
blood test at the request of a law enforcement officer
under the provisions of Section 11-501.1, only a
physician authorized to practice medicine, a registered
nurse, trained phlebotomist, or certified paramedic, or
other qualified person approved by the Department of
Public Health may withdraw blood for the purpose of
determining the alcohol, drug, or alcohol and drug
content therein. This limitation shall not apply to the
taking of breath or urine specimens.
When a blood test of a person who has been taken to
an adjoining state for medical treatment is requested by
an Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a registered nurse, a
trained phlebotomist acting under the direction of the
physician, or certified paramedic. The law enforcement
officer requesting the test shall take custody of the
blood sample, and the blood sample shall be analyzed by a
laboratory certified by the Department of Public Health
for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law
enforcement officer.
4. Upon the request of the person who shall submit
to a chemical test or tests at the request of a law
enforcement officer, full information concerning the test
or tests shall be made available to the person or such
person's attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of
a vehicle while under the influence of alcohol, the
concentration of alcohol in the person's blood or breath at
the time alleged as shown by analysis of the person's blood,
urine, breath, or other bodily substance shall give rise to
the following presumptions:
1. If there was at that time an alcohol
concentration of 0.05 or less, it shall be presumed that
the person was not under the influence of alcohol.
2. If there was at that time an alcohol
concentration in excess of 0.05 but less than 0.08, such
facts shall not give rise to any presumption that the
person was or was not under the influence of alcohol, but
such fact may be considered with other competent evidence
in determining whether the person was under the influence
of alcohol.
3. If there was at that time an alcohol
concentration of 0.08 or more, it shall be presumed that
the person was under the influence of alcohol.
4. The foregoing provisions of this Section shall
not be construed as limiting the introduction of any
other relevant evidence bearing upon the question whether
the person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged
to have been committed while the person under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof of both was driving or in actual physical control
of a motor vehicle.
2. Notwithstanding any ability to refuse under this
Code to submit to these tests or any ability to revoke
the implied consent to these tests, if a law enforcement
officer has probable cause to believe that a motor
vehicle driven by or in actual physical control of a
person under the influence of alcohol, any other drug or
drugs, or intoxicating compound or compounds, or any
combination thereof of both has caused the death or
personal injury to another, that person shall submit,
upon the request of a law enforcement officer, to a
chemical test or tests of his or her blood, breath or
urine for the purpose of determining the alcohol content
thereof or the presence of any other drug or combination
of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury
includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer
that requires immediate professional attention in either
a doctor's office or a medical facility. A Type A injury
includes severe bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried
from the scene.
(Source: P.A. 90-43, eff. 7-2-97.)
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood
conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the
results of blood tests performed for the purpose of
determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof both, of an individual's blood conducted upon persons
receiving medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought
under the Criminal Code of 1961, when each of the following
criteria are met:
(1) the chemical tests performed upon an
individual's blood were ordered in the regular course of
providing emergency medical treatment and not at the
request of law enforcement authorities;
(2) the chemical tests performed upon an
individual's blood were performed by the laboratory
routinely used by the hospital; and
(3) results of chemical tests performed upon an
individual's blood are admissible into evidence
regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood under the provisions of this Section in prosecutions as
specified in subsection (a) of this Section. No person shall
be liable for civil damages as a result of the evidentiary
use of chemical testing of an individual's blood test results
under this Section, or as a result of that person's testimony
made available under this Section.
(Source: P.A. 88-212; 88-523; 88-632, eff. 1-1-95; 88-670,
eff. 12-2-94.)
(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood or
urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the
results of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof both, in an individual's blood or urine conducted
upon persons receiving medical treatment in a hospital
emergency room for injuries resulting from a motor vehicle
accident may be reported to the Department of State Police or
local law enforcement agencies. Such blood or urine tests are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought
under the Criminal Code of 1961.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood or
urine under the provisions of subsection (a) of this Section.
No person shall be liable for civil damages or professional
discipline as a result of the reporting of the tests or the
evidentiary use of an individual's blood or urine test
results under this Section or Section 11-501.4 or as a result
of that person's testimony made available under this Section
or Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 89-517, eff. 1-1-97.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident - chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
Public Health or to a chemical test or tests of blood,
breath, or urine for the purpose of determining the content
of alcohol, or other drug or drugs, or intoxicating compound
or compounds content of such person's blood if arrested as
evidenced by the issuance of a Uniform Traffic Ticket for any
violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, with the exception of equipment
violations contained in Chapter 12 of this Code, or similar
provisions of local ordinances. The test or tests shall be
administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate
which of the aforesaid tests shall be administered. A urine
test may be administered even after a blood or breath test or
both has been administered. Compliance with this Section
does not relieve such person from the requirements of Section
11-501.1 of this Code.
(b) Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if
a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle accident, any physician licensed to
practice medicine, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol, or other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, no such testing shall be performed until,
in the opinion of the medical personnel on scene, the
withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of cannabis, as covered by the Cannabis Control
Act, or a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed
in the Use of Intoxicating Compounds Act as detected in such
person's blood or urine, may result in the suspension of such
person's privilege to operate a motor vehicle. The length of
the suspension shall be the same as outlined in Section
6-208.1 of this Code regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
such person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, or a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed
in the Use of Intoxicating Compounds Act, the law enforcement
officer shall immediately submit a sworn report to the
Secretary of State on a form prescribed by the Secretary,
certifying that the test or tests were requested pursuant to
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's blood or
urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, or a controlled
substance listed in the Illinois Controlled Substances Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension to the
individual's driving record and the suspension shall be
effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension shall be effective on the 46th day
following the date notice was given.
The cases where the blood alcohol concentration of 0.08
or more, or any amount of a drug, substance, or intoxicating
compound resulting from the unlawful use or consumption of
cannabis as listed in the Cannabis Control Act, or a
controlled substance listed in the Illinois Controlled
Substances Act, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act, is established by a subsequent
analysis of blood or urine collected at the time of arrest,
the arresting officer shall give notice as provided in this
Section or by deposit in the United States mail of such
notice in an envelope with postage prepaid and addressed to
such person at his address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day
following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the
suspension to the driver by mailing a notice of the effective
date of the suspension to the individual. However, should
the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the
suspension shall not be mailed to the person or entered to
the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension of his driving
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At
the conclusion of a hearing held under Section 2-118 of this
Code, the Secretary may rescind, continue, or modify the
order of suspension. If the Secretary does not rescind the
order, a restricted driving permit may be granted by the
Secretary upon application being made and good cause shown.
A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of this Code.
The provisions of Section 6-206 of this Code shall apply.
(f) (Blank)
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a
doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from
the scene.
(Source: P.A. 90-43, eff. 7-2-97.)