A.
No person who is under the influence of intoxicating liquor may drive
or be in actual physical control of any vehicle within this state.
B.
No person who is a habitual user of or under the influence of any
narcotic drug or who is under the influence of any other drug to a
degree which renders him incapable of safely driving a vehicle may
drive or be in actual physical control of any vehicle within this
state. The fact that a person charged with a violation of this section
is or has been entitled to use such drug under the laws of this state
does not constitute a defense against any charge of violation of this
section.
C.
Upon the trial of any action or proceeding arising out of acts alleged
to have been committed by any person while driving or in actual physical
control of a vehicle while under the influence of intoxicating liquor,
evidence of the amount of alcohol in the person's blood at the time
of the alleged act, as shown by a chemical analysis of his breath,
blood, urine, saliva or other bodily substance, is admissible, as
provided hereinafter in this section, and the result of any such analysis
shall give rise to the following presumptions:[1]
(1)
If there was at the time of such analysis 0.05% or less by weight
of alcohol in the person's blood, it shall be presumed that the person
was not under the influence of intoxicating liquor.
(2)
If there was at the time of such analysis in excess of 0.05%
but less than 0.08% by weight of alcohol in the person's blood, such
fact shall not give rise to any presumption that the person was or
was not under the influence of intoxicating liquor, but such fact
may be considered with other competent evidence in determining whether
such person was under the influence of intoxicating liquor.
(3)
If there was at the time of such analysis 0.08% or more by weight
of alcohol in the person's blood, it shall be presumed that the person
was under the influence of intoxicating liquor.
D.
Percent by weight of alcohol in the blood shall be based upon milligrams
of alcohol per 100 cubic centimeters of blood.
The driver of a vehicle which has collided with or been in an
accident with any vehicle, person or property in such a manner as
to cause injury or damage shall stop immediately and render such assistance
as may be possible, and give his true name and residence to the injured
person or any other person requesting the same on behalf of the injured
person, or the owner of the property damaged, and to a policeman,
if one is present. The driver of each vehicle concerned in any such
accident shall report to the nearest police authority promptly after
such accident.
[Added 7-5-2005 by Ord.
No. 508]
A.
No person except those expressly exempt by further subsections of
this section shall drive any motor vehicle upon any highway in this
Village unless such person has a valid driver's license or permit
or a restricted driving permit issued under the provisions of the
Illinois Vehicle Code.
B.
Exemptions.
(1)
The following persons are exempt from the requirements of Subsection A and are not required to have an Illinois driver's license or permit if one or more or the following qualifying exemptions are met and applied:
(a)
Any employee of the United States government or any member of
the Armed Forces of the United States, while operating a motor vehicle
owned by or leased to the United States government and being operated
on official business, need not be licensed.
(b)
A nonresident who has in his immediate possession a valid license
issued to him in his home state or country may operate a motor vehicle
for which he is licensed for the period during which he is in this
state.
(c)
A nonresident and his spouse and children living with him who
is a student at a college or university in Illinois who has a valid
license issued by his/her home state.
(d)
A person operating a road machine temporarily upon a highway
or operating a farm tractor between the home farm buildings and any
adjacent or nearby farm land for the exclusive purpose of conducting
farm operations need not be licensed as a driver.
(e)
A resident of this state who has been serving as a member of
the Armed Forces of the United States outside the continental limits
of the United States, for a period of 120 days following his return
to the continental limits of the United States.[1]
(f)
A nonresident on active duty in the Armed Forces of the United
States who has a valid license issued by his home state and such nonresident's
spouse, and dependent children and living with parents, who have a
valid license issued by their home state.
(g)
A nonresident who becomes a resident of this state may, for
a period of the first 90 days of residence in Illinois, operate any
motor vehicle which he was qualified or licensed to drive by his home
state or country so long as he has in his possession a valid and current
license issued to him by his home state or country. Upon expiration
of such ninety-day period, such new resident must comply with the
provisions of this section and apply for an Illinois license or permit.
(h)
An engineer, conductor, brakeman, or any other member of the
crew of a locomotive or train being operated, upon rails, including
operation on a railroad crossing over a public street, road or highway.
Such person is not required to display a driver's license to any law
enforcement officer in connection with the operation of a locomotive
or train within this state.
(2)
The provisions of this section granting exemption to any nonresident
shall be operative to the same extent that the laws of the state or
country of such nonresident grant like exemption to residents of this
state.
