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| Public Act 095-0778 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-501 as follows: | ||||
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||
(Text of Section before amendment by P.A. 95-400 and | ||||
95-578) | ||||
(Text of Section from P.A. 93-1093, 94-963, 95-149, and | ||||
95-355) | ||||
Sec. 11-501. Driving while under the influence of alcohol, | ||||
other drug or
drugs, intoxicating compound or compounds or any | ||||
combination thereof.
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(a) A person shall not drive or be in actual
physical | ||||
control of any vehicle within this State while:
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(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;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or | ||||
combination of
intoxicating compounds to a degree that | ||||
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or | ||||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
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(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
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(b-1) With regard to penalties imposed under this Section:
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(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
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(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
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be imposed.
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(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar
provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
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(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony; and if the
person receives a term of
probation or | ||
conditional discharge, he or she shall be required to serve | ||
a
mandatory
minimum of 10 days of imprisonment or shall be | ||
assigned a mandatory minimum of
480 hours of community | ||
service, as may be determined by the court, as a
condition | ||
of the probation or conditional discharge. This mandatory | ||
minimum
term of imprisonment or assignment of community | ||
service shall not be suspended
or reduced by the court.
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(2.2) A person who violates subsection (a), if the
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violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
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(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
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(c-2) (Blank).
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(c-3) (Blank).
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(c-4) (Blank).
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(c-5)(1) A person who violates subsection (a), if the | ||
person was transporting
a person under the age of 16 at the | ||
time of the violation, is subject to an
additional | ||
mandatory minimum fine of $1,000, an additional mandatory | ||
minimum
140 hours of community service, which shall include | ||
40 hours of community
service in a program benefiting | ||
children, and an additional 2 days of
imprisonment. The | ||
imprisonment or assignment of community service under this | ||
subdivision (c-5)(1) is not subject to suspension, nor is | ||
the person eligible for
a reduced sentence.
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(2) Except as provided in subdivisions (c-5)(3) and | ||
(c-5)(4) a person who
violates
subsection (a) a second | ||
time, if at the time of
the second violation the person was | ||
transporting a person under the age of 16,
is subject to an | ||
additional 10 days of imprisonment, an additional | ||
mandatory
minimum fine of $1,000, and an additional | ||
mandatory minimum 140 hours of
community service, which | ||
shall include 40 hours of community service in a
program | ||
benefiting children.
The imprisonment or assignment of | ||
community service under this subdivision (c-5)(2)
is not | ||
subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
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(3) Except as provided in subdivision (c-5)(4), any | ||
person convicted of
violating subdivision (c-5)(2) or a | ||
similar
provision within 10 years of a previous violation | ||
of subsection (a) or a
similar provision shall receive, in | ||
addition to any other penalty imposed, a
mandatory minimum | ||
12 days imprisonment, an additional 40 hours of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory minimum
fine of $1,750. The imprisonment or | ||
assignment of community service under this subdivision | ||
(c-5)(3) is not subject to suspension, nor is the person
| ||
eligible for a reduced sentence.
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(4) Any person convicted of violating subdivision | ||
(c-5)(2) or a similar
provision within 5 years of a | ||
previous violation of subsection (a) or a similar
provision | ||
shall receive, in addition to any other penalty imposed, an
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additional 80 hours of mandatory community service in a | ||
program benefiting
children, an additional mandatory | ||
minimum 12 days of imprisonment, and a
mandatory minimum | ||
fine of $1,750. The imprisonment or assignment of community
| ||
service under this subdivision (c-5)(4)
is not subject to | ||
suspension, nor
is the
person eligible for a reduced | ||
sentence.
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(5) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of | ||
the third violation the person was
transporting a person | ||
under the age of 16, is guilty of a Class 4 felony and | ||
shall
receive, in addition to any other
penalty imposed, an | ||
additional mandatory fine of $1,000, an additional
| ||
mandatory 140 hours of community service, which shall | ||
include 40 hours in a
program benefiting children, and a | ||
mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subdivision (c-5)(5)
is not subject to suspension, nor is | ||
the person eligible for a reduced
sentence.
| ||
(6) Any person convicted of violating subdivision | ||
(c-5)(5) or a similar
provision a third time within 20 | ||
years of a previous violation of subsection
(a) or a
| ||
similar provision is guilty of a Class 4 felony and shall | ||
receive, in addition
to any other penalty imposed, an | ||
additional mandatory 40 hours of community
service in a | ||
program benefiting children, an additional mandatory fine | ||
of
$3,000, and a mandatory minimum 120 days of | ||
imprisonment. The imprisonment or
assignment of community | ||
service under this subdivision (c-5)(6) is not subject to
| ||
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(7) Any person convicted a fourth or subsequent time | ||
for violating
subsection (a) or a similar provision, if at | ||
the time of the fourth or
subsequent violation the person | ||
was transporting a person under the age of 16,
and if the | ||
person's 3 prior violations of subsection (a) or a
similar | ||
provision
occurred while transporting a person under the | ||
age of 16 or while the alcohol
concentration in his or her | ||
blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible | ||
for probation or conditional
discharge, and is subject to a | ||
minimum fine of $3,000.
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(c-6)(1) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine
units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty
that may be imposed, to a | ||
mandatory minimum of 100 hours of community service
and a | ||
mandatory minimum fine of $500.
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(2) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 | ||
years of a previous violation of subsection (a) or a | ||
similar provision, if at the time of the second violation | ||
of subsection (a) or a similar provision the
alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more
based on the definition of blood, breath, or | ||
urine units in Section 11-501.2,
shall be
subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory
minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250.
| ||
(3) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar | ||
provision, if at the time of the third violation of | ||
subsection (a) or a
similar provision the alcohol | ||
concentration in his or her blood, breath, or
urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units
in Section 11-501.2, is guilty of a Class 4 | ||
felony and shall be subject, in
addition to any other | ||
penalty that may be imposed, to a mandatory minimum of
90 | ||
days of imprisonment and a mandatory minimum fine of | ||
$2,500.
| ||
(4) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at | ||
the time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
| ||
0.16 or more based on the definition of blood, breath, or | ||
urine units in
Section 11-501.2, and if the person's 3 | ||
prior violations of subsection (a) or a
similar provision | ||
occurred while transporting a person under the age of 16 or
| ||
while the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16
or more based on the definition | ||
of blood, breath, or urine units in Section
11-501.2, is | ||
guilty of a Class 2 felony and is not eligible for a | ||
sentence of
probation or conditional discharge and is | ||
subject to a minimum fine of
$2,500.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
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(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
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.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
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(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
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(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-1093, eff. 3-29-05; 94-963, eff. 6-28-06; | ||
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
| ||
(Text of Section from P.A. 94-110, 94-963, 95-149, and | ||
95-355) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony; and if the
person receives a term of
probation or | ||
conditional discharge, he or she shall be required to serve | ||
a
mandatory
minimum of 10 days of imprisonment or shall be | ||
assigned a mandatory minimum of
480 hours of community | ||
service, as may be determined by the court, as a
condition | ||
of the probation or conditional discharge. This mandatory | ||
minimum
term of imprisonment or assignment of community | ||
service shall not be suspended
or reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) Except as provided in subsection (c-5.1), a person 21 | ||
years of age or older who violates subsection (a), if the | ||
person was transporting
a person under the age of 16 at the | ||
time of the violation, is subject to 6 months of imprisonment, | ||
an
additional mandatory minimum fine of $1,000, and 25 days of | ||
community service in a program benefiting children. The | ||
imprisonment or assignment of community service under this
| ||
subsection (c-5) is not subject to suspension, nor is the | ||
person eligible for
a reduced sentence.
| ||
(c-5.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
first time and | ||
who in committing that violation was involved in a motor | ||
vehicle
accident that resulted in bodily harm to the child | ||
under the age of 16 being
transported by the person, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to one year of
imprisonment,
a | ||
mandatory fine of $2,500, and 25 days of community service in a | ||
program
benefiting children. The imprisonment or assignment to | ||
community service under
this subsection (c-5.1) shall not be | ||
subject to suspension, nor shall the person be
eligible for | ||
probation in order to reduce the sentence or assignment.
| ||
(c-6) Except as provided in subsections (c-7) and (c-7.1), | ||
a person 21 years of age or older who
violates
subsection (a) a | ||
second time, if at the time of
the second violation the person | ||
was transporting a person under the age of 16,
is subject to 6 | ||
months of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-7.1), any person | ||
21 years of age or older convicted of
violating subsection | ||
(c-6) or a similar
provision within 10 years of a previous | ||
violation of subsection (a) or a
similar provision is guilty of | ||
a Class 4 felony and, in addition to any other penalty imposed, | ||
is subject to one year of
imprisonment, 25 days of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory
fine of $2,500. The imprisonment or assignment of | ||
community service under this
subsection (c-7) is not subject to | ||
suspension, nor is the person
eligible for a reduced sentence.
| ||
(c-7.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
second time | ||
within 10 years and who in committing that violation was | ||
involved
in a motor vehicle accident that resulted in bodily | ||
harm to the child under the
age of 16 being transported, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to 18 months of
imprisonment, a
| ||
mandatory fine of $5,000, and 25 days of community service in a | ||
program
benefiting
children. The imprisonment or assignment to | ||
community service under this
subsection
(c-7.1) shall not be | ||
subject to suspension, nor shall the person be eligible for
| ||
probation in order
to reduce the sentence or assignment.
| ||
(c-8) (Blank).
| ||
(c-9) Any person 21 years of age or older convicted a third | ||
time for violating subsection (a) or a
similar provision, if at | ||
the time of the third violation the person was
transporting a | ||
person under the age of 16, is guilty of a Class 4 felony and is | ||
subject to 18 months of imprisonment, a mandatory fine of | ||
$2,500, and 25 days of community service in a
program | ||
benefiting children.
The imprisonment or assignment of | ||
community service under this subsection (c-9)
is not subject to | ||
suspension, nor is the person eligible for a reduced
sentence.
| ||
(c-10) Any person 21 years of age or older convicted of | ||
violating subsection (c-9) or a similar
provision a third time | ||
within 20 years of a previous violation of subsection
(a) or a
| ||
similar provision is guilty of a Class 3 felony and, in | ||
addition
to any other penalty imposed, is subject to 3 years of | ||
imprisonment, 25 days of community
service in a program | ||
benefiting children, and a mandatory fine of
$25,000. The | ||
imprisonment or
assignment of community service under this | ||
subsection (c-10) is not subject to
suspension, nor is the | ||
person eligible for a reduced sentence.
| ||
(c-11) Any person 21 years of age or older convicted a | ||
fourth or subsequent time for violating
subsection (a) or a | ||
similar provision, if at the time of the fourth or
subsequent | ||
violation the person was transporting a person under the age of | ||
16,
and if the person's 3 prior violations of subsection (a) or | ||
a similar provision
occurred while transporting a person under | ||
the age of 16 or while the alcohol
concentration in his or her | ||
blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||
probation or conditional
discharge, and is subject to a minimum | ||
fine of $25,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision, if at the time of the second violation of subsection | ||
(a) or a similar provision the
alcohol concentration in his or | ||
her blood, breath, or urine was 0.16 or more
based on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
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.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 94-110, eff. 1-1-06; 94-963, eff. 6-28-06; | ||
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
| ||
(Text of Section from P.A. 94-113, 94-609, 94-963, 95-149, | ||
and 95-355) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was | ||
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or a similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
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.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 94-963, | ||
eff. 6-28-06; 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | ||
revised 11-28-07.)
| ||
(Text of Section from P.A. 94-114, 94-963, 95-149, and | ||
95-355) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
fifth time, if the fourth or fifth
violation occurs
during | ||
a period in which his
or her driving privileges are revoked | ||
or suspended where the revocation
or suspension was for a | ||
violation of subsection (a),
Section 11-501.1, paragraph
| ||
(b) of Section 11-401, or for reckless homicide as defined | ||
in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | ||
Class 2 felony and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or fifth
time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
fifth violation the person was transporting a | ||
person under the age of 16,
and if the person's 3 prior | ||
violations of subsection (a) or a similar provision
occurred | ||
while transporting a person under the age of 16 or while the | ||
alcohol
concentration in his or her blood, breath, or urine was | ||
0.16 or more based
on the definition of blood, breath, or urine | ||
units in Section 11-501.2, is
guilty of a Class 2 felony, is | ||
not eligible for probation or conditional
discharge, and is | ||
subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or fifth
violation | ||
of
subsection
(a) or a similar provision, if at the time of the | ||
fourth or fifth
violation the alcohol concentration in his or | ||
her blood, breath, or urine was
0.16 or more based on the | ||
definition of blood, breath, or urine units in
Section | ||
11-501.2, and if the person's 3 prior violations of subsection | ||
(a) or a
similar provision occurred while transporting a person | ||
under the age of 16 or
while the alcohol concentration in his | ||
or her blood, breath, or urine was 0.16
or more based on the | ||
definition of blood, breath, or urine units in Section
| ||
11-501.2, is guilty of a Class 2 felony and is not eligible for | ||
a sentence of
probation or conditional discharge and is subject | ||
to a minimum fine of
$2,500.
| ||
(c-16) Any person convicted of a sixth or subsequent | ||
violation of subsection (a) is guilty of a Class X felony.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
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.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 94-114, eff. 1-1-06; 94-963, eff. 6-28-06; | ||
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
| ||
(Text of Section from P.A. 94-116, 94-963, 95-149, and | ||
95-355) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third violation committed within 5
| ||
years of a previous violation of subsection (a) or a similar | ||
provision, the defendant is guilty of a Class 2 felony, and in
| ||
addition to any other criminal or administrative sanction, a | ||
mandatory minimum
term of either 10 days of imprisonment or 480 | ||
hours of community service shall
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of a
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time | ||
is guilty of
a Class 2 felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 2 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth time | ||
is guilty of
a Class 2 felony and is not eligible for a | ||
sentence of probation or
conditional discharge.
| ||
(4) A person who violates subsection (a) a fifth or | ||
subsequent time is guilty of a Class 1 felony and is not | ||
eligible for a sentence of probation or conditional | ||
discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 2 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 2 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth time for violating
| ||
subsection (a) or a similar provision, if at the time of the | ||
fourth violation the person was transporting a person under the | ||
age of 16,
and if the person's 3 prior violations of subsection | ||
(a) or a similar provision
occurred while transporting a person | ||
under the age of 16 or while the alcohol
concentration in his | ||
or her blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||
probation or conditional
discharge, and is subject to a minimum | ||
fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 2 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth
violation of
| ||
subsection
(a) or a similar provision, if at the time of the | ||
fourth
violation the alcohol concentration in his or her blood, | ||
breath, or urine was
0.16 or more based on the definition of | ||
blood, breath, or urine units in
Section 11-501.2, and if the | ||
person's 3 prior violations of subsection (a) or a
similar | ||
provision occurred while transporting a person under the age of | ||
16 or
while the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16
or more based on the definition of | ||
blood, breath, or urine units in Section
11-501.2, is guilty of | ||
a Class 2 felony and is not eligible for a sentence of
| ||
probation or conditional discharge and is subject to a minimum | ||
fine of
$2,500.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (3) and (4) of subsection (c-1), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Except as provided in | ||
paragraph (4) of subsection (c-1), aggravated driving | ||
under the influence of alcohol, other drug, or drugs, | ||
intoxicating compounds or compounds, or any combination | ||
thereof as defined in subparagraph (A) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony. Aggravated driving | ||
under the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
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.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 94-116, eff. 1-1-06; 94-963, eff. 6-28-06; | ||
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
| ||
(Text of Section from P.A. 94-329, 94-963, 95-149, and | ||
95-355) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) 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, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state or an offense committed on a military | ||
installation that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a) or a similar provision, Section
| ||
11-501.1, paragraph (b)
of Section 11-401, or for reckless | ||
homicide as defined in Section 9-3 of
the Criminal Code of | ||
1961 is guilty of aggravated driving under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof and is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of
a Class 3 felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a Class 3 felony; and | ||
if the
person receives a term of
probation or conditional | ||
discharge, he or she shall be required to serve a
mandatory
| ||
minimum of 10 days of imprisonment or shall be assigned a | ||
mandatory minimum of
480 hours of community service, as may | ||
be determined by the court, as a
condition of the probation | ||
or conditional discharge. This mandatory minimum
term of | ||
imprisonment or assignment of community service shall not | ||
be suspended
or reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, is guilty of aggravated driving | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof and shall also be sentenced to an additional
| ||
mandatory 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 term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of aggravated driving under the influence | ||
of alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof and is guilty of
a | ||
Class 2 felony, and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was | ||
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or a similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(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 combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(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;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death;
| ||
(G) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving | ||
permit; or
| ||
(H) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||
person convicted of
aggravated driving under
the
influence | ||
of alcohol, other drug or
drugs,
or intoxicating compound | ||
or compounds, or any
combination thereof is guilty of a | ||
Class 4 felony. For a violation of
subparagraph (C)
of
| ||
paragraph (1) of this subsection (d), the defendant, if | ||
sentenced to a term
of imprisonment, shall be sentenced
to | ||
not less than
one year nor more than 12 years.
Aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs,
or intoxicating compound or compounds, or any | ||
combination thereof as
defined in subparagraph (F) of | ||
paragraph (1) of this subsection (d) is
a Class 2 felony, | ||
for which the defendant, if sentenced to a term of
| ||
imprisonment, shall be sentenced to: (A) a
term of | ||
imprisonment of not less than 3 years and not more
than 14 | ||
years if the violation resulted in the death of one person; | ||
or
(B) a term of imprisonment of not less than 6 years and | ||
not
more than 28 years if the violation resulted in the | ||
deaths of 2 or more
persons.
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.
Any person sentenced under this subsection (d) | ||
who receives a term of
probation
or conditional discharge | ||
must serve a minimum term of either 480 hours of
community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or
conditional discharge. This mandatory minimum | ||
term of imprisonment or
assignment of community service may | ||
not be suspended or reduced by the court.
| ||
(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, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
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.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(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 in subsection (m) of this | ||
Section.
| ||
(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) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 94-329, eff. 1-1-06; 94-963, eff. 6-28-06; | ||
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.) | ||
(Text of Section after amendment by P.A. 95-578) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual physical | ||
control of any vehicle within this State while: | ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a degree that renders the person | ||
incapable of safely driving; | ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds to a degree | ||
that renders the person incapable of safely driving; or | ||
(6) 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, a controlled substance listed in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or has been legally entitled to use alcohol, other | ||
drug or drugs, or intoxicating compound or compounds, or any | ||
combination thereof, shall not constitute a defense against any | ||
charge of violating this Section. | ||
(c) Penalties. | ||
(1) Except as otherwise provided in this Section, any | ||
person convicted of violating subsection (a) of this | ||
Section is guilty of a Class A misdemeanor. | ||
(2) A person who violates subsection (a) or a similar | ||
provision a second time shall be sentenced to a mandatory | ||
minimum term of either 5 days of imprisonment or 240 hours | ||
of community service in addition to any other criminal or | ||
administrative sanction. | ||
(3) A person who violates subsection (a) is subject to | ||
6 months of imprisonment, an additional mandatory minimum | ||
fine of $1,000, and 25 days of community service in a | ||
program benefiting children if the person was transporting | ||
a person under the age of 16 at the time of the violation. | ||
(4) A person who violates subsection (a) a first time, | ||
if the alcohol concentration in his or her blood, breath, | ||
or urine was 0.16 or more based on the definition of blood, | ||
breath, or urine units in Section 11-501.2, shall be | ||
subject, in addition to any other penalty that may be | ||
imposed, to a mandatory minimum of 100 hours of community | ||
service and a mandatory minimum fine of $500. | ||
(5) A person who violates subsection (a) a second time, | ||
if at the time of the second violation the alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250. | ||
(d) Aggravated driving under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or compounds, or | ||
any combination thereof.
| ||
(1) Every person convicted of committing a violation of | ||
this Section shall be guilty of aggravated driving under | ||
the influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds, or any combination | ||
thereof if: | ||
(A) the person committed a violation of subsection | ||
(a) or a similar provision for the third or subsequent | ||
time; | ||
(B) the person committed a violation of subsection | ||
(a) while driving a school bus with persons 18 years of | ||
age or younger on board; | ||
(C) the person in committing a violation of | ||
subsection (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; | ||
(D) the person committed a violation of subsection | ||
(a) for a second time and has been previously convicted | ||
of violating Section 9-3 of the Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was | ||
determined to have been under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or | ||
compounds as an element of the offense or the person | ||
has previously been convicted under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1); | ||
(E) the person, in committing a violation of | ||
subsection (a) while driving at any speed in a school | ||
speed zone at a time when a speed limit of 20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of this Code, was involved in a motor vehicle | ||
accident that resulted in bodily harm, other than great | ||
bodily harm or permanent disability or disfigurement, | ||
to another person, when the violation of subsection (a) | ||
was a proximate cause of the bodily harm; | ||
(F) the person, in committing a violation of | ||
subsection (a), was involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft | ||
accident that resulted in the death of another person, | ||
when the violation of subsection (a) was a proximate | ||
cause of the death; | ||
(G) the person committed a violation of subsection | ||
(a) during a period in which the defendant's driving | ||
privileges are revoked or suspended, where the | ||
revocation or suspension was for a violation of | ||
subsection (a) or a similar provision, Section | ||
11-501.1, paragraph (b) of Section 11-401, or for | ||
reckless homicide as defined in Section 9-3 of the | ||
Criminal Code of 1961; | ||
(H) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving | ||
permit; | ||
(I) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy; | ||
(J) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in bodily harm, but not great bodily | ||
harm, to the child under the age of 16 being | ||
transported by the person, if the violation was the | ||
proximate cause of the injury; or | ||
(K) the person in committing a second violation of | ||
subsection (a) or a similar provision was transporting | ||
a person under the age of 16. | ||
(2)(A) Except as provided otherwise, a person | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof is guilty of a Class | ||
4 felony. | ||
(B) A third violation of this Section or a similar | ||
provision is a Class 2 felony. If at the time of the third | ||
violation the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16 or more based on the definition | ||
of blood, breath, or urine units in Section 11-501.2, a | ||
mandatory minimum of 90 days of imprisonment and a | ||
mandatory minimum fine of $2,500 shall be imposed in | ||
addition to any other criminal or administrative sanction. | ||
If at the time of the third violation, the defendant was | ||
transporting a person under the age of 16, a mandatory fine | ||
of $25,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(C) A fourth violation of this Section or a similar | ||
provision is a Class 2 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fourth | ||
violation, the defendant was transporting a person under | ||
the age of 16 a mandatory fine of $25,000 and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(D) A fifth violation of this Section or a similar | ||
provision is a Class 1 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fifth | ||
violation, the defendant was transporting a person under | ||
the age of 16, a mandatory fine of $25,000, and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(E) A sixth or subsequent violation of this Section or | ||
similar provision is a Class X felony. If at the time of | ||
the violation, the alcohol concentration in the | ||
defendant's blood, breath, or urine was 0.16 or more based | ||
on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the violation, | ||
the defendant was transporting a person under the age of | ||
16, a mandatory fine of $25,000 and 25 days of community | ||
service in a program benefiting children shall be imposed | ||
in addition to any other criminal or administrative | ||
sanction. | ||
(F) For a violation of subparagraph (C) of paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term of imprisonment, shall be sentenced to not less than | ||
one year nor more than 12 years. | ||
(G) A violation of subparagraph (F) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony, for which the | ||
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (i) a term of imprisonment of not less than 3 | ||
years and not more than 14 years if the violation resulted | ||
in the death of one person; or (ii) a term of imprisonment | ||
of not less than 6 years and not more than 28 years if the | ||
violation resulted in the deaths of 2 or more persons. | ||
(H) For a violation of subparagraph (J) of paragraph | ||
(1) of this subsection (d), a mandatory fine of $2,500, and | ||
25 days of community service in a program benefiting | ||
children shall be imposed in addition to any other criminal | ||
or administrative sanction. | ||
(I) A violation of subparagraph (K) of paragraph (1) of | ||
this subsection (d), is a Class 2 felony and a mandatory | ||
fine of $2,500, and 25 days of community service in a | ||
program benefiting children shall be imposed in addition to | ||
any other criminal or administrative sanction. If the child | ||
being transported suffered bodily harm, but not great | ||
bodily harm, in a motor vehicle accident, and the violation | ||
was the proximate cause of that injury, a mandatory fine of | ||
$5,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(3) Any person sentenced under this subsection (d) who | ||
receives a term of probation or conditional discharge must | ||
serve a minimum term of either 480 hours of community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or conditional discharge in addition to any other | ||
criminal or administrative sanction. | ||
(e) Any reference to a prior violation of subsection (a) or | ||
a similar provision includes any violation of a provision of a | ||
local ordinance or a provision of a law of another state or an | ||
offense committed on a military installation that is similar to | ||
a violation of subsection (a) of this Section. | ||
(f) The imposition of a mandatory term of imprisonment or | ||
assignment of community service for a violation of this Section | ||
shall not be suspended or reduced by the court. | ||
(g) Any penalty imposed for driving with a license that has | ||
been revoked for a previous violation of subsection (a) of this | ||
Section shall be in addition to the penalty imposed for any | ||
subsequent violation of subsection (a). | ||
(h) For any prosecution under this Section, a certified | ||
copy of the driving abstract of the defendant shall be admitted | ||
as proof of any prior conviction.
in subsection (m) of this | ||
Section
| ||
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | ||
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | ||
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | ||
95-355, eff. 1-1-08; 95-578, eff. 6-1-08; revised 11-28-07.)
| ||
(Text of Section after amendment by P.A. 95-400) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual physical | ||
control of any vehicle within this State while: | ||
(1) the alcohol concentration in the person's blood 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) under the influence of any other drug or | ||
combination of drugs to a degree that renders the person | ||
incapable of safely driving; | ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds to a degree | ||
that renders the person incapable of safely driving; or | ||
(6) 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, a controlled substance listed in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or has been legally entitled to use alcohol, other | ||
drug or drugs, or intoxicating compound or compounds, or any | ||
combination thereof, shall not constitute a defense against any | ||
charge of violating this Section. | ||
(c) Penalties. | ||
(1) Except as otherwise provided in this Section, any | ||
person convicted of violating subsection (a) of this | ||
Section is guilty of a Class A misdemeanor. | ||
(2) A person who violates subsection (a) or a similar | ||
provision a second time shall be sentenced to a mandatory | ||
minimum term of either 5 days of imprisonment or 240 hours | ||
of community service in addition to any other criminal or | ||
administrative sanction. | ||
(3) A person who violates subsection (a) is subject to | ||
6 months of imprisonment, an additional mandatory minimum | ||
fine of $1,000, and 25 days of community service in a | ||
program benefiting children if the person was transporting | ||
a person under the age of 16 at the time of the violation. | ||
(4) A person who violates subsection (a) a first time, | ||
if the alcohol concentration in his or her blood, breath, | ||
or urine was 0.16 or more based on the definition of blood, | ||
breath, or urine units in Section 11-501.2, shall be | ||
subject, in addition to any other penalty that may be | ||
imposed, to a mandatory minimum of 100 hours of community | ||
service and a mandatory minimum fine of $500. | ||
(5) A person who violates subsection (a) a second time, | ||
if at the time of the second violation the alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250. | ||
(d) Aggravated driving under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or compounds, or | ||
any combination thereof.
| ||
(1) Every person convicted of committing a violation of | ||
this Section shall be guilty of aggravated driving under | ||
the influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds, or any combination | ||
thereof if: | ||
(A) the person committed a violation of subsection | ||
(a) or a similar provision for the third or subsequent | ||
time; | ||
(B) the person committed a violation of subsection | ||
(a) while driving a school bus with persons 18 years of | ||
age or younger on board; | ||
(C) the person in committing a violation of | ||
subsection (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; | ||
(D) the person committed a violation of subsection | ||
(a) for a second time and has been previously convicted | ||
of violating Section 9-3 of the Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was | ||
determined to have been under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or | ||
compounds as an element of the offense or the person | ||
has previously been convicted under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1); | ||
(E) the person, in committing a violation of | ||
subsection (a) while driving at any speed in a school | ||
speed zone at a time when a speed limit of 20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of this Code, was involved in a motor vehicle | ||
accident that resulted in bodily harm, other than great | ||
bodily harm or permanent disability or disfigurement, | ||
to another person, when the violation of subsection (a) | ||
was a proximate cause of the bodily harm; | ||
(F) the person, in committing a violation of | ||
subsection (a), was involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft | ||
accident that resulted in the death of another person, | ||
when the violation of subsection (a) was a proximate | ||
cause of the death; | ||
(G) the person committed a violation of subsection | ||
(a) during a period in which the defendant's driving | ||
privileges are revoked or suspended, where the | ||
revocation or suspension was for a violation of | ||
subsection (a) or a similar provision, Section | ||
11-501.1, paragraph (b) of Section 11-401, or for | ||
reckless homicide as defined in Section 9-3 of the | ||
Criminal Code of 1961; | ||
(H) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving permit | ||
or a monitoring device driving permit; | ||
(I) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy; | ||
(J) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in bodily harm, but not great bodily | ||
harm, to the child under the age of 16 being | ||
transported by the person, if the violation was the | ||
proximate cause of the injury; or | ||
(K) the person in committing a second violation of | ||
subsection (a) or a similar provision was transporting | ||
a person under the age of 16. | ||
(2)(A) Except as provided otherwise, a person | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof is guilty of a Class | ||
4 felony. | ||
(B) A third violation of this Section or a similar | ||
provision is a Class 2 felony. If at the time of the third | ||
violation the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16 or more based on the definition | ||
of blood, breath, or urine units in Section 11-501.2, a | ||
mandatory minimum of 90 days of imprisonment and a | ||
mandatory minimum fine of $2,500 shall be imposed in | ||
addition to any other criminal or administrative sanction. | ||
If at the time of the third violation, the defendant was | ||
transporting a person under the age of 16, a mandatory fine | ||
of $25,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(C) A fourth violation of this Section or a similar | ||
provision is a Class 2 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fourth | ||
violation, the defendant was transporting a person under | ||
the age of 16 a mandatory fine of $25,000 and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(D) A fifth violation of this Section or a similar | ||
provision is a Class 1 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fifth | ||
violation, the defendant was transporting a person under | ||
the age of 16, a mandatory fine of $25,000, and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(E) A sixth or subsequent violation of this Section or | ||
similar provision is a Class X felony. If at the time of | ||
the violation, the alcohol concentration in the | ||
defendant's blood, breath, or urine was 0.16 or more based | ||
on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the violation, | ||
the defendant was transporting a person under the age of | ||
16, a mandatory fine of $25,000 and 25 days of community | ||
service in a program benefiting children shall be imposed | ||
in addition to any other criminal or administrative | ||
sanction. | ||
(F) For a violation of subparagraph (C) of paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term of imprisonment, shall be sentenced to not less than | ||
one year nor more than 12 years. | ||
(G) A violation of subparagraph (F) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony, for which the | ||
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (i) a term of imprisonment of not less than 3 | ||
years and not more than 14 years if the violation resulted | ||
in the death of one person; or (ii) a term of imprisonment | ||
of not less than 6 years and not more than 28 years if the | ||
violation resulted in the deaths of 2 or more persons. | ||
(H) For a violation of subparagraph (J) of paragraph | ||
(1) of this subsection (d), a mandatory fine of $2,500, and | ||
25 days of community service in a program benefiting | ||
children shall be imposed in addition to any other criminal | ||
or administrative sanction. | ||
(I) A violation of subparagraph (K) of paragraph (1) of | ||
this subsection (d), is a Class 2 felony and a mandatory | ||
fine of $2,500, and 25 days of community service in a | ||
program benefiting children shall be imposed in addition to | ||
any other criminal or administrative sanction. If the child | ||
being transported suffered bodily harm, but not great | ||
bodily harm, in a motor vehicle accident, and the violation | ||
was the proximate cause of that injury, a mandatory fine of | ||
$5,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(3) Any person sentenced under this subsection (d) who | ||
receives a term of probation or conditional discharge must | ||
serve a minimum term of either 480 hours of community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or conditional discharge in addition to any other | ||
criminal or administrative sanction. | ||
(e) Any reference to a prior violation of subsection (a) or | ||
a similar provision includes any violation of a provision of a | ||
local ordinance or a provision of a law of another state or an | ||
offense committed on a military installation that is similar to | ||
a violation of subsection (a) of this Section. | ||
(f) The imposition of a mandatory term of imprisonment or | ||
assignment of community service for a violation of this Section | ||
shall not be suspended or reduced by the court. | ||
(g) Any penalty imposed for driving with a license that has | ||
been revoked for a previous violation of subsection (a) of this | ||
Section shall be in addition to the penalty imposed for any | ||
subsequent violation of subsection (a). | ||
(h) For any prosecution under this Section, a certified | ||
copy of the driving abstract of the defendant shall be admitted | ||
as proof of any prior conviction.
in subsection (m) of this | ||
Section
| ||
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | ||
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | ||
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | ||
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | ||
revised 11-28-07.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||