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Public Act 097-0471 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 11-501.1 and 11-501.2 as follows:
| ||||
(625 ILCS 5/11-501.1)
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(Text of Section before amendment by P.A. 96-1344 ) | ||||
Sec. 11-501.1. Suspension of drivers license; statutory | ||||
summary
alcohol, other drug or drugs, or intoxicating compound | ||||
or
compounds related suspension; implied consent.
| ||||
(a) Any person who drives or is in actual physical control | ||||
of a motor
vehicle upon the public highways of this State shall | ||||
be deemed to have given
consent, subject to the provisions of | ||||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||
or urine for the purpose of determining the content of
alcohol, | ||||
other drug or drugs, or intoxicating compound or compounds or
| ||||
any combination thereof in the person's blood if arrested,
as | ||||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||||
offense
as defined in Section 11-501 or a similar provision of | ||||
a local ordinance, or if arrested for violating Section 11-401.
| ||||
If a law enforcement officer has probable cause to believe the | ||||
person was under the influence of alcohol, other drug or drugs, | ||||
intoxicating compound or compounds, or any combination |
thereof, the law enforcement officer shall request a chemical | ||
test or tests which The test or tests shall be administered at | ||
the direction of the arresting
officer. The law enforcement | ||
agency employing the officer shall designate which
of the | ||
aforesaid tests shall be administered. A urine test may be | ||
administered
even after a blood or breath test or both has
been | ||
administered. For purposes of this Section, an Illinois law
| ||
enforcement officer of this State who is investigating the | ||
person for any
offense defined in Section 11-501 may travel | ||
into an adjoining state, where
the person has been transported | ||
for medical care, to complete an
investigation and to request | ||
that the person submit to the test or tests
set forth in this | ||
Section. The requirements of this Section that the
person be | ||
arrested are inapplicable, but the officer shall issue the | ||
person
a Uniform Traffic Ticket for an offense as defined in | ||
Section 11-501 or a
similar provision of a local ordinance | ||
prior to requesting that the person
submit to the test or | ||
tests. The issuance of the Uniform Traffic Ticket
shall not | ||
constitute an arrest, but shall be for the purpose of notifying
| ||
the person that he or she is subject to the provisions of this | ||
Section and
of the officer's belief of the existence of | ||
probable cause to
arrest. Upon returning to this State, the | ||
officer shall file the Uniform
Traffic Ticket with the Circuit | ||
Clerk of the county where the offense was
committed, and shall | ||
seek the issuance of an arrest warrant or a summons
for the | ||
person.
|
(b) Any person who is dead, unconscious, or who is | ||
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2.
| ||
(c) A person requested to submit to a test as provided | ||
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned by the law
enforcement | ||
officer that if the person submits to the test or tests
| ||
provided in paragraph (a) of this Section and the alcohol | ||
concentration in
the person's blood or breath is 0.08 or | ||
greater, or any amount of
a
drug, substance, or compound | ||
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, a statutory summary |
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed.
| ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
| ||
results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any |
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
| ||
concentration of 0.08 or more.
| ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g).
| ||
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
|
prosecuting authorities or the Secretary of State, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged.
Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect.
| ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension on the
person and the suspension | ||
and disqualification shall be effective as provided in | ||
paragraph (g). In
cases where the blood alcohol concentration | ||
of 0.08 or greater or
any amount of
a drug, substance, or | ||
compound resulting from the unlawful use or consumption
of | ||
cannabis as covered by the Cannabis Control Act, a controlled
| ||
substance
listed in the Illinois Controlled Substances Act,
an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or | ||
arresting agency shall give notice as provided in this Section | ||
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at |
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension and disqualification shall begin | ||
as provided in
paragraph (g). The officer shall confiscate any | ||
Illinois driver's license or
permit on the person at the time | ||
of arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a form | ||
prescribed by the Secretary of State, that will allow that | ||
person
to drive during the periods provided for in paragraph | ||
(g). The officer
shall immediately forward the driver's license | ||
or permit to the circuit
court of venue along with the sworn | ||
report provided for in
paragraph (d).
| ||
(g) The statutory summary suspension and disqualification
| ||
referred to in this Section shall
take effect on the 46th day | ||
following the date the notice of the statutory
summary | ||
suspension was given to the person.
| ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance:
| ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension by
mailing a notice of the effective date of | ||
the suspension to the person and
the court of venue. The | ||
Secretary of State shall also mail notice of the effective date | ||
of the disqualification to the person. However, should the | ||
sworn report be defective by not
containing sufficient | ||
information or be completed in error, the
confirmation of the |
statutory summary suspension shall not be mailed to the
person | ||
or entered to the record; instead, the sworn report shall
be
| ||
forwarded to the court of venue with a copy returned to the | ||
issuing agency
identifying any defect.
| ||
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | ||
95-876, eff. 8-21-08; 96-1080, eff. 7-16-10.) | ||
(Text of Section after amendment by P.A. 96-1344 )
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension or revocation; implied | ||
consent. | ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle upon the public highways of this State shall | ||
be deemed to have given
consent, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of | ||
a local ordinance, or if arrested for violating Section 11-401.
| ||
If a law enforcement officer has probable cause to believe the | ||
person was under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, the law enforcement officer shall request a chemical |
test or tests which The test or tests shall be administered at | ||
the direction of the arresting
officer. The law enforcement | ||
agency employing the officer shall designate which
of the | ||
aforesaid tests shall be administered. A urine test may be | ||
administered
even after a blood or breath test or both has
been | ||
administered. For purposes of this Section, an Illinois law
| ||
enforcement officer of this State who is investigating the | ||
person for any
offense defined in Section 11-501 may travel | ||
into an adjoining state, where
the person has been transported | ||
for medical care, to complete an
investigation and to request | ||
that the person submit to the test or tests
set forth in this | ||
Section. The requirements of this Section that the
person be | ||
arrested are inapplicable, but the officer shall issue the | ||
person
a Uniform Traffic Ticket for an offense as defined in | ||
Section 11-501 or a
similar provision of a local ordinance | ||
prior to requesting that the person
submit to the test or | ||
tests. The issuance of the Uniform Traffic Ticket
shall not | ||
constitute an arrest, but shall be for the purpose of notifying
| ||
the person that he or she is subject to the provisions of this | ||
Section and
of the officer's belief of the existence of | ||
probable cause to
arrest. Upon returning to this State, the | ||
officer shall file the Uniform
Traffic Ticket with the Circuit | ||
Clerk of the county where the offense was
committed, and shall | ||
seek the issuance of an arrest warrant or a summons
for the | ||
person. | ||
(b) Any person who is dead, unconscious, or who is |
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2. | ||
(c) A person requested to submit to a test as provided | ||
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned that a refusal to | ||
submit to the test, when the person was involved in a motor | ||
vehicle accident that caused personal injury or death to | ||
another, will result in the statutory summary revocation of the | ||
person's privilege to operate a motor vehicle, as provided in | ||
Section 6-208.1, and will also result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The person shall also be warned by the | ||
law
enforcement officer that if the person submits to the test | ||
or tests
provided in paragraph (a) of this Section and the | ||
alcohol concentration in
the person's blood or breath is 0.08 | ||
or greater, or any amount of
a
drug, substance, or compound |
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
detected in the person's
blood or urine, a statutory summary | ||
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed. | ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance |
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961. These test
| ||
results, however, shall be admissible only in actions or | ||
proceedings directly
related to the incident upon which the | ||
test request was made. | ||
(d) If the person refuses testing or submits to a test that | ||
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
| ||
concentration of 0.08 or more. | ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension or revocation and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g). |
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged | ||
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged. Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect. A statutory summary | ||
revocation shall not be privileged information. | ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension or revocation on the
person and | ||
the suspension or revocation and disqualification shall be | ||
effective as provided in paragraph (g). In
cases where the | ||
blood alcohol concentration of 0.08 or greater or
any amount of
| ||
a drug, substance, or compound resulting from the unlawful use | ||
or consumption
of cannabis as covered by the Cannabis Control | ||
Act, a controlled
substance
listed in the Illinois Controlled |
Substances Act,
an intoxicating compound
listed in the Use of | ||
Intoxicating Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or | ||
arresting agency shall give notice as provided in this Section | ||
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at | ||
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension and disqualification shall begin | ||
as provided in
paragraph (g). The officer shall confiscate any | ||
Illinois driver's license or
permit on the person at the time | ||
of arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a form | ||
prescribed by the Secretary of State, that will allow that | ||
person
to drive during the periods provided for in paragraph | ||
(g). The officer
shall immediately forward the driver's license | ||
or permit to the circuit
court of venue along with the sworn | ||
report provided for in
paragraph (d). | ||
(g) The statutory summary suspension or revocation and | ||
disqualification
referred to in this Section shall
take effect | ||
on the 46th day following the date the notice of the statutory
| ||
summary suspension or revocation was given to the person. | ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance: |
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension or revocation by
mailing a notice of the | ||
effective date of the suspension or revocation to the person | ||
and
the court of venue. The Secretary of State shall also mail | ||
notice of the effective date of the disqualification to the | ||
person. However, should the sworn report be defective by not
| ||
containing sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension or revocation | ||
shall not be mailed to the
person or entered to the record; | ||
instead, the sworn report shall
be
forwarded to the court of | ||
venue with a copy returned to the issuing agency
identifying | ||
any defect. | ||
(i) As used in this Section, "personal injury" includes any | ||
Type A injury as indicated on the traffic accident report | ||
completed by a law enforcement officer that requires immediate | ||
professional attention in either a doctor's office or a medical | ||
facility. A Type A injury includes severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07; | ||
95-876, eff. 8-21-08; 96-1080, eff. 7-16-10; 96-1344, eff. | ||
7-1-11; revised 9-2-10.)
| ||
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||
Sec. 11-501.2. Chemical and other tests.
|
(a) Upon the trial of any civil or criminal action or | ||
proceeding arising out
of an arrest for an offense as defined | ||
in Section 11-501 or a similar local
ordinance or proceedings | ||
pursuant to Section 2-118.1, evidence of the
concentration of | ||
alcohol, other drug or drugs, or intoxicating compound or
| ||
compounds, or any combination thereof in a person's blood
or | ||
breath at the time alleged, as determined by analysis of the | ||
person's blood,
urine, breath or other bodily substance, shall | ||
be admissible. Where such test
is made the following provisions | ||
shall apply:
| ||
1. Chemical analyses of the person's blood, urine, | ||
breath or other bodily
substance to be considered valid | ||
under the provisions of this Section shall
have been | ||
performed according to standards promulgated by the | ||
Department of State Police
by
a licensed physician, | ||
registered nurse, trained phlebotomist, certified | ||
paramedic, or other individual
possessing a valid permit | ||
issued by that Department for
this purpose. The Director of | ||
State Police is authorized to approve satisfactory
| ||
techniques or methods, to ascertain the qualifications and | ||
competence of
individuals to conduct such analyses, to | ||
issue permits which shall be subject
to termination or | ||
revocation at the discretion of that Department and to
| ||
certify the accuracy of breath testing equipment. The | ||
Department
of
State Police shall prescribe regulations as | ||
necessary to
implement this
Section.
|
2. When a person in this State shall submit to a blood | ||
test at the request
of a law enforcement officer under the | ||
provisions of Section 11-501.1, only a
physician | ||
authorized to practice medicine, a registered nurse, | ||
trained
phlebotomist, or certified paramedic, or other
| ||
qualified person approved by the Department of State Police | ||
may withdraw blood
for the purpose of determining the | ||
alcohol, drug, or alcohol and drug content
therein. This | ||
limitation shall not apply to the taking of breath or urine
| ||
specimens.
| ||
When a blood test of a person who has been taken to an | ||
adjoining state
for medical treatment is requested by an | ||
Illinois law enforcement officer,
the blood may be | ||
withdrawn only by a physician authorized to practice
| ||
medicine in the adjoining state, a registered nurse, a | ||
trained
phlebotomist acting under the direction of the | ||
physician, or certified
paramedic. The law
enforcement | ||
officer requesting the test shall take custody of the blood
| ||
sample, and the blood sample shall be analyzed by a | ||
laboratory certified by the
Department of State Police for | ||
that purpose.
| ||
3. The person tested may have a physician, or a | ||
qualified technician,
chemist, registered nurse, or other | ||
qualified person of their own choosing
administer a | ||
chemical test or tests in addition to any administered at | ||
the
direction of a law enforcement officer. The failure or |
inability to obtain
an additional test by a person shall | ||
not preclude the admission of evidence
relating to the test | ||
or tests taken at the direction of a law enforcement
| ||
officer.
| ||
4. Upon the request of the person who shall submit to a | ||
chemical test
or tests at the request of a law enforcement | ||
officer, full information
concerning the test or tests | ||
shall be made available to the person or such
person's | ||
attorney.
| ||
5. Alcohol concentration shall mean either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(b) Upon the trial of any civil or criminal action or | ||
proceeding arising
out of acts alleged to have been committed | ||
by any person while driving or
in actual physical control of a | ||
vehicle while under the influence of alcohol,
the concentration | ||
of alcohol in the person's blood or breath at the time
alleged | ||
as shown by analysis of the person's blood, urine, breath, or | ||
other
bodily substance shall give rise to the following | ||
presumptions:
| ||
1. If there was at that time an alcohol concentration | ||
of 0.05 or less,
it shall be presumed that the person was | ||
not under the influence of alcohol.
| ||
2. If there was at that time an alcohol concentration | ||
in excess of 0.05
but less than 0.08, such facts shall not | ||
give rise to any
presumption that
the person was or was not |
under the influence of alcohol, but such fact
may be | ||
considered with other competent evidence in determining | ||
whether the
person was under the influence of alcohol.
| ||
3. If there was at that time an alcohol concentration | ||
of 0.08
or more,
it shall be presumed that the person was | ||
under the influence of alcohol.
| ||
4. The foregoing provisions of this Section shall not | ||
be construed as
limiting the introduction of any other | ||
relevant evidence bearing upon the
question whether the | ||
person was under the influence of alcohol.
| ||
(c) 1. If a person under arrest refuses to submit to a | ||
chemical test
under
the provisions of Section 11-501.1, | ||
evidence of refusal shall be admissible
in any civil or | ||
criminal action or proceeding arising out of acts alleged
to | ||
have been committed while the person under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or
any combination thereof was driving or in actual | ||
physical
control of a motor vehicle.
| ||
2. Notwithstanding any ability to refuse under this Code to | ||
submit to
these tests or any ability to revoke the implied | ||
consent to these tests, if a
law enforcement officer has | ||
probable cause to believe that a motor vehicle
driven by or in | ||
actual physical control of a person under the influence of
| ||
alcohol, other drug or drugs, or intoxicating compound or
| ||
compounds,
or any combination thereof
has caused the death or
| ||
personal injury to another, the law enforcement officer shall |
request, and that person shall submit, upon the request of a | ||
law
enforcement officer, to a chemical test or tests of his or | ||
her blood, breath or
urine for the purpose of
determining the | ||
alcohol content thereof or the presence of any other drug or
| ||
combination of both.
| ||
This provision does not affect the applicability of or | ||
imposition of driver's
license sanctions under Section | ||
11-501.1 of this Code.
| ||
3. For purposes of this Section, a personal injury includes | ||
any Type A
injury as indicated on the traffic accident report | ||
completed by a law
enforcement officer that requires immediate | ||
professional attention in either a
doctor's office or a medical | ||
facility. A Type A injury includes severe
bleeding wounds, | ||
distorted extremities, and injuries that require the injured
| ||
party to be carried from the scene.
| ||
(Source: P.A. 96-289, eff. 8-11-09.)
| ||
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.
|