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(625 ILCS 5/11‑501)
(from Ch. 95 1/2, par. 11‑501)
(Text of Section from P.A. 93‑1093 and 94‑963)
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 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. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584,
eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff.
7‑30‑04; 93‑1093, eff. 3‑29‑05; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑110 and 94‑963)
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 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. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584,
eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff.
7‑30‑04; 94‑110, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑113, 94‑609, and 94‑963)
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
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