(625 ILCS 5/11‑501) (from Ch. 95 1/2, par.
11‑501) (Text of Section from P.A. 93‑1093, 94‑963, and
95‑149) 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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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
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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).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5)(1) A person who violates subsection (a),
if the
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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
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(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
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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
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(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 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
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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.
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(6) Any person convicted of violating
subdivision
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(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.
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(7) Any person convicted a fourth or subsequent
time
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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
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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
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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.
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(3) Any person convicted of a third violation of
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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.
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(4) Any person convicted of a fourth or
subsequent
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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.
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(d) (1) Every person convicted of committing a
violation
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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:
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(A) the person committed a violation of
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subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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. 93‑1093, eff. 3‑29‑05; 94‑963, eff. 6‑28‑06; 95‑149, eff.
8‑14‑07.)
(Text of Section from P.A. 94‑110, 94‑963, and
95‑149)
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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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
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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).
(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
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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:
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(A) the person committed a violation of
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subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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.)
(Text of Section from P.A. 94‑113, 94‑609,
94‑963, and
95‑149)
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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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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).
(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
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|
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:
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|
(A) the person committed a violation of
|
|
subsection
(a) or a similar provision for the third or subsequent time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(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;
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|
(D) the person committed a violation of
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|
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
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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
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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
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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.
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(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.)
(Text of Section from P.A. 94‑114, 94‑963, and
95‑149)
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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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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.
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(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
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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:
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(A) the person committed a violation of
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subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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.)
(Text of Section from P.A. 94‑116, 94‑963, and
95‑149)
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;
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|
(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;
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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|
(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
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|
(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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.
(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
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|
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 4 felony.
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|
(2) A person who violates subsection (a) a third
time
|
|
is guilty
of a Class 2
felony.
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|
(2.1) A person who violates subsection (a) a
third
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|
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.
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|
(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.
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|
(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.
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|
(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.
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|
(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;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(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;
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|
(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) 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.
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|
(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.)
(Text of Section from P.A. 94‑329, 94‑963, and
95‑149)
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;
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|
(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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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|
(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 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),
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.
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|
(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.
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|
(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
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|
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:
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(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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|
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;
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|
(D) the person committed a violation of
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|
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
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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
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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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(G) the person committed the violation while he
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or she did
not possess a driver's license or permit or a restricted driving
permit or a judicial driving permit; or
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(H) the person committed the violation while he
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or she knew
or should have known that the vehicle he or she was driving was not
covered by a liability insurance policy.
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(2) Except as provided in this paragraph (2) and
in
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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.
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(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.)
(Text of Section from P.A. 93‑1093, 94‑963, 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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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.
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(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
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(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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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
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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).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5)(1) A person who violates subsection (a),
if the
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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
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(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
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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
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(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 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
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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.
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(6) Any person convicted of violating
subdivision
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(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.
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(7) Any person convicted a fourth or subsequent
time
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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.
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(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.
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(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.
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(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:
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|
(A) the person committed a violation of
|
|
subsection
(a) or a similar provision for the third or subsequent time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑355, eff.
1‑1‑08.)
(Text of Section from P.A. 94‑110, 94‑963, 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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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.
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(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
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(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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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
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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).
(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
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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:
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(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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|
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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑355, eff.
1‑1‑08.)
(Text of Section from P.A. 94‑113, 94‑609,
94‑963, 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
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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;
(3) under the influence of any intoxicating
compound
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|
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
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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
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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
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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.
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(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
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(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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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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).
(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
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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:
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|
(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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;
95‑355, eff. 1‑1‑08.)
(Text of Section from P.A. 94‑114, 94‑963, 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
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|
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;
(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.
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|
(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.
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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.
(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
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|
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 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.
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|
(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.
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|
(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.
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(3) A person who violates subsection (a) a
fourth or
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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.
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(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
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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:
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(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑355, eff.
1‑1‑08.)
(Text of Section from P.A. 94‑116, 94‑963, 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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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.
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(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
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(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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
time
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is guilty
of a Class 2
felony.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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time is
guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge.
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(4) A person who violates subsection (a) a fifth
or
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subsequent
time is guilty of a Class 1 felony and is not eligible for a
sentence of probation or conditional discharge.
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(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
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|
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;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(C) the person in committing a violation of
|
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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;
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(D) the person committed a violation of
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|
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
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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
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|
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) and
in
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑355, eff.
1‑1‑08.)
(Text of Section from P.A. 94‑329, 94‑963, 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
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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;
(3) under the influence of any intoxicating
compound
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|
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
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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
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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
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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.
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(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
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|
(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
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|
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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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, 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.
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(3) A person who violates subsection (a) a
fourth or
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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.
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(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
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|
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:
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|
(A) the person committed a violation of
|
|
subsection
(a) or a similar provision for the third or subsequent time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(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;
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|
(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
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|
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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|
(G) the person committed the violation while he
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|
or she did
not possess a driver's license or permit or a restricted driving
permit or a judicial driving permit; or
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|
(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.
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|
(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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑355, eff.
1‑1‑08.)
(Text of Section from P.A. 93‑1093, 94‑963, and
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
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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;
(3) under the influence of any intoxicating
compound
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|
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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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
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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).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5)(1) A person who violates subsection (a),
if the
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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
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(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
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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
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|
(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 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
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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.
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(6) Any person convicted of violating
subdivision
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|
(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.
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(7) Any person convicted a fourth or subsequent
time
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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
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|
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
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|
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.
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(3) Any person convicted of a third violation of
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|
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.
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|
(4) Any person convicted of a fourth or
subsequent
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|
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.
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(d) (1) Every person convicted of committing a
violation
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|
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:
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|
(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(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;
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(D) the person committed a violation of
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|
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
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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
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|
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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑400, eff.
1‑1‑09.)
(Text of Section from P.A. 94‑110, 94‑963, and
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;
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(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;
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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 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).
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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.
(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),
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
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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).
(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
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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:
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(A) the person committed a violation of
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subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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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;
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(D) the person committed a violation of
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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
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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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑400, eff.
1‑1‑09.)
(Text of Section from P.A. 94‑113, 94‑609,
94‑963, and
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
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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;
(3) under the influence of any intoxicating
compound
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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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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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).
(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
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|
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:
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|
(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(C) the person in committing a violation of
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|
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;
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|
(D) the person committed a violation of
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|
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
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|
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
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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
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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;
95‑400, eff. 1‑1‑09.)
(Text of Section from P.A. 94‑114, 94‑963, and
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
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|
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;
(3) under the influence of any intoxicating
compound
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|
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
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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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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|
(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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|
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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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|
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.
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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
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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.
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(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
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|
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:
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|
(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;
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|
(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.
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|
(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑400, eff.
1‑1‑09.)
(Text of Section from P.A. 94‑116, 94‑963, and
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
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|
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;
(3) under the influence of any intoxicating
compound
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|
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
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|
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
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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
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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|
(a) or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state 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
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|
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.
(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
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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 4 felony.
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(2) A person who violates subsection (a) a third
time
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|
is guilty
of a Class 2
felony.
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(2.1) A person who violates subsection (a) a
third
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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.
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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
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|
time is
guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge.
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|
(4) A person who violates subsection (a) a fifth
or
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|
subsequent
time is guilty of a Class 1 felony and is not eligible for a
sentence of probation or conditional discharge.
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(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
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|
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:
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|
(A) the person committed a violation of
|
|
subsection
(a) or a similar provision for the third or subsequent time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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|
(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;
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|
(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) and
in
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|
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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑400, eff.
1‑1‑09.)
(Text of Section from P.A. 94‑329, 94‑963, and
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;
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|
(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;
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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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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|
(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 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).
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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.
(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),
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.
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(2) A person who violates subsection (a) a third
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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.
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(2.1) A person who violates subsection (a) a
third
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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.
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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, 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.
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(3) A person who violates subsection (a) a
fourth or
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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.
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(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
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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:
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(A) the person committed a violation of
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|
subsection
(a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on board;
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(C) the person in committing a violation of
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|
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;
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(D) the person committed a violation of
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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
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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
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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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(G) the person committed the violation while he
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|
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; or
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|
(H) the person committed the violation while he
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|
or she knew
or should have known that the vehicle he or she was driving was not
covered by a liability insurance policy.
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(2) Except as provided in this paragraph (2) and
in
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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.
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(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 under Section 5‑5‑3 of the Unified Code of
Corrections.
(g) The Secretary of State shall revoke the
driving privileges of any person convicted under this Section or a similar
provision of a local ordinance.
(h) (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; 95‑400, eff.
1‑1‑09.)
(Text of Section from 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
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|
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;
(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
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|
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, or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
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(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
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|
person
convicted of violating subsection (a) of this Section is guilty of a
Class A
misdemeanor.
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|
(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.
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|
(3) A person who violates subsection (a) is
subject
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|
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.
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|
(4) A person who violates subsection (a) a first
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|
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.
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|
(5) A person who violates subsection (a) a
second
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|
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.
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(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:
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|
(A) the person committed a violation of
|
|
subsection
(a) or a similar provision for the third or subsequent
time;
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|
(B) the person committed a violation of
|
|
subsection
(a) while driving a school bus with persons 18 years of age or
younger on
board;
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|
(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;
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|
(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;
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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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|
(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), 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;
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|
(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;
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|
(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;
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|
(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
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|
(K) the person in committing a second violation
|
|
of
subsection (a) or a similar provision was transporting a person
under the age of
16.
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|
(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.
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|
(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.
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|
(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.
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|
(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.
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|
(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.
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(F) For a violation of subparagraph (C) of
paragraph
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(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.
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(G) A violation of subparagraph (F) of paragraph
(1)
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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.
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(H) For a violation of subparagraph (J) of
paragraph
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(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.
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(I) A violation of subparagraph (K) of paragraph
(1)
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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.
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(3) Any person sentenced under this subsection
(d)
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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.
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(e) Any reference to a prior violation of
subsection (a)
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or a
similar provision includes any violation of a provision of a local
ordinance or a provision of a law of another state that is similar
to a violation of subsection (a) of this
Section.
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(f) The imposition of a mandatory term of
imprisonment or
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assignment
of community service for a violation of this Section shall not be
suspended or reduced by the
court.
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(g) Any penalty imposed for driving with a
license that
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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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(h) For any prosecution under this Section, a
certified
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copy of the
driving abstract of the defendant shall be admitted as proof of any
prior conviction.
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(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; 95‑578, eff. 6‑1‑08.)
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