[Amended 8-5-2003 by Ord. No. 5685]
For the purposes of interpreting §§ 496-93 and 496-94 of this Code, "first offender" shall mean any person who has not had a previous conviction or court-assigned supervision for violating § 496-92 of this chapter, or a similar provision of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), or a conviction in any other state for a violation of driving while under the influence or a similar offense where the cause of action is the same or substantially similar to this section or any person who has not had a driver's license suspension for § 496-93, or a similar provision of the Illinois Vehicle Code, within five years prior to the date of the current offense, except in cases where the driver submitted to chemical testing resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (720 ILCS 550/1 et seq.), a controlled substance listed in the Illinois Controlled Substances Act (720 ILCS 570/101 et seq.), or an intoxicating compound listed in the Use of Intoxicating Compounds Act (720 ILCS 690/0.01 et seq.) and was subsequently found not guilty of violating § 496-92 of this chapter or a similar provision of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.).
[Amended 2-20-2007 by Ord. No. 6161]
A.
A person shall not drive or be in actual physical
control of any vehicle within this City while:
(1)
The alcohol concentration in such person's blood or breath is 0.08 or more based on the definition of blood and breath units in § 496-93;
(2)
Under the influence of alcohol;
(3)
Under the influence of any other drug or combination
of drugs to a degree which renders such person incapable of safely
driving;
(4)
Under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that renders such
person incapable of safely driving;
(5)
Under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree which
renders such person incapable of safely driving;
(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 a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed in the
Use of Intoxicating Compounds Act;
[Amended 12-17-2019 by Ord. No. 7600]
(7)
Under the influence of cannabis.
[Added 12-17-2019 by Ord.
No. 7600]
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.
(1)
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 such a 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 such professional evaluation shall be paid for by the individual
required to undergo such professional evaluation.
(2)
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 730 ILCS 5/5-5-3 of the Unified Code of Corrections.
C.
Penalties. Except as provided under Subsections C(4) and D of this section, every person convicted of violating this section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this section or a similar provision of a law of another state or local ordinance committed within five years of a previous violation of this section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of five days of imprisonment or assigned to a mandatory minimum of 240 days of community service as may be determined by the court. In the case of a third or subsequent violation committed within five 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' imprisonment or 480 hours of community service shall be imposed. The imprisonment or assignment of community service noted above shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.
(1)
Penalties for violations while driving privileges
are revoked or suspended.
(a)
A person who violates this section during a
period in which his or her driving privileges are revoked or suspended,
where the revocation or suspension was for a violation of this section,
Section 11-501.1, Paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 4 felony.
(b)
A person who violates this section a third time
during a period in which his or her driving privileges are revoked
or suspended where the revocation or suspension was for a violation
of this section, Section 11-501.1, Paragraph (b) of Section 11-401,
or 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/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. A person who violates this
section, 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 this section or Section 11-501.1,
shall also be sentenced to an additional mandatory minimum term of
30 consecutive days of imprisonment, 40 days of twenty-four-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.
(c)
A person who violates this section a fourth
or subsequent time during a period in which his or her driving privileges
are revoked or suspended where the revocation or suspension was for
a violation of this section, Section 11-501.1, Paragraph (b) of Section
11-401, or 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.
(2)
Penalties for violations while transporting a person
under the age of 16.
(a)
Except as provided in Subsection C(2)(b), a person 21 years of age or older who violates this section, if the person was transporting a person under the age of 16 at the time of the violation, is subject to six 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 is not subject to suspension, nor is the person eligible for a reduced sentence.
(b)
A person 21 years of age or older who is convicted
of violating 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 shall not be subject to suspension,
nor shall the person be eligible for probation in order to reduce
the sentence or assignment.
(c)
Except as provided in Subsection C(2)(d) and (e), a person 21 years of age or older who violates this section 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 six 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 is not subject to suspension, nor is the person eligible for a reduced sentence.
(d)
Except as provided in Subsection C(2)(e), any person 21 years of age or older convicted of violating Subsection C(2)(c) or a similar provision within 10 years of a previous violation of this section 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.
(e)
A person 21 years of age or older who is convicted
of violating 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 shall not be subject to suspension,
nor shall the person be eligible for probation in order to reduce
the sentence or assignment.
(f)
Any person 21 years of age or older convicted
a third time for violating this section 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 is not subject
to suspension, nor is the person eligible for a reduced sentence.
(g)
Any person 21 years of age or older convicted of violating Subsection C(2)(f) or a similar provision a third time within 20 years of a previous violation of this section or a similar provision is guilty of a Class 3 felony and, in addition to any other penalty imposed, is subject to three 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 is not subject to suspension, nor is the person eligible for a reduced sentence.
(h)
Any person 21 years of age or older convicted
a fourth or subsequent time for violating this section 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
three prior violations of this section or a similar provision occurred
while transporting a person under the age of 16 or while the alcohol
concentration in his/her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in 625 ILCS
5/11-501.2, 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.
(3)
Penalties for violations where BAC is 0.16 or more.
(a)
Any person convicted of a first violation of
this section or a similar provision, if the alcohol concentration
in his/her blood, breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in 625 ILCS 5/11-501.2, 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.
(b)
Any person convicted of a second violation of
this section or a similar provision committed within 10 years of a
previous violation of this section or a similar provision, if at the
time of the second violation of this section or a similar provision
the alcohol concentration in his/her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in
625 ILCS 5/11-501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of two days of imprisonment
and a mandatory minimum fine of $1,250.
(c)
Any person convicted of a third violation of
this section or a similar provision within 20 years of a previous
violation of this section or a similar provision, if at the time of
the third violation of this section or a similar provision the alcohol
concentration in his/her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in 625 ILCS
5/11-501.2, 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.
(d)
Any person convicted of a fourth or subsequent
violation of this section or a similar provision, if at the time of
the fourth or subsequent violation the alcohol concentration in his/her
blood, breath, or urine was 0.16 or more based on the definition of
blood, breath, or urine units in 625 ILCS 5/11-501.2, and if the person's
three prior violations of this section or a similar provision occurred
while transporting a person under the age of 16 or while the alcohol
concentration in his/her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in 625 ILCS
5/11- 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.
Aggravated driving under the influence.
(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 this section,
or a similar provision of a law of another state or a local ordinance
when the cause of action is the same as or substantially similar to
this section, for a third or subsequent time.
(b)
The person committed a violation of § 496-92A while driving a school bus with persons 18 years of age or younger on board.
(c)
The person in committing a violation of § 496-92A was involved in a motor vehicle accident that result 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 § 496-92A for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 relating to reckless homicide or a similar provision of 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 Subsection D(3) or (6) of this § 496-92.
(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 625 ILCS 5/11-605, 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
(2)
Except as provided in this Subsection D(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 Subsection D(1)(c), 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 Subsection D(1)(f) 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 three 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 six years and not more than 28 years if the violation resulted in the deaths of two or more persons. For any prosecution under this Subsection D, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. Any person sentenced under this Subsection D who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge. This mandatory minimum term of imprisonment or assignment of community service may not be suspended or reduced by the court.
E.
Additional treatment and evaluation.
(1)
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, 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.
(2)
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.
(3)
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.
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.
H.
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 certifications and use of the interlock
system.
I.
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 shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the state. This shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
J.
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, "emergency response" means any incident requiring a response by a police officer, a fire fighter carried on the rolls of a regularly constituted fire department, or an ambulance.
A.
The Illinois Vehicle Code, 625 ILCS 5/11-501.1, shall
be and is hereby adopted by reference as the Implied Consent Ordinance
for the City of Crystal Lake, and all terms and conditions contained
therein.
A.
The Illinois Vehicle Code, 625 ILCS 5/6-206.1, shall
be and is hereby adopted by reference as the Judicial Driving Permit
Ordinance for the City of Crystal Lake, and all terms and conditions
contained therein.
A.
Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in § 496-91, evidence of the concentration of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such test is made the following provisions shall apply:
(1)
Chemical analyses of the person's blood, urine, breath
or other bodily substance to be considered valid under the provisions
of this section shall have been performed according to the standards
promulgated by the Department of State Police by a licensed physician,
registered nurse, trained phlebotomist acting under the direction
of a licensed physician, certified paramedic, or other individual
possessing a valid permit issued by that Department for this purpose.
The Director of State Police is authorized to approve satisfactory
techniques or methods to ascertain the qualifications and competence
of individuals to conduct such analyses, to issue permits which shall
be subject to termination or revocation at the discretion of that
Department and to certify the accuracy of breath-testing equipment.
The Department of State Police shall prescribe regulations as necessary
to implement this section.
(2)
When a person in this state shall submit to a blood test at the request of a law enforcement officer under the provisions of § 496-92, only a physician authorized to practice medicine, a registered nurse, trained phlebotomist, or certified paramedic or other qualified person approved by the Department of State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens.
(3)
When a blood test of a person who has been taken to
an adjoining state for medical treatment is required by an Illinois
law enforcement officer, the blood may be withdrawn only by a physician
authorized to practice medicine in the adjoining state, a registered
nurse, a trained phlebotomist acting under the direction of the physician,
or certified paramedic. The law enforcement officer requesting the
test shall take custody of the blood sample, and the blood sample
shall be analyzed by a laboratory certified by the Department of State
Police for that purpose.
(4)
The person tested may have a physician, qualified
technician, chemist, registered nurse or other qualified person of
their own choosing administer a chemical test or tests in addition
to any administered at the direction of a law enforcement officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement officer.
(5)
Upon the request of the person who shall submit to
a chemical test or tests at the request of a law enforcement officer,
full information concerning the test or tests shall be made available
to the person or such person's attorney.
(6)
Alcohol concentration shall mean either grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
B.
Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a vehicle while
under the influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by analysis
of the person's blood, urine, breath, or other bodily substance shall
give rise to the following presumptions:
(1)
If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was not under
the influence of alcohol.
(2)
If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not give rise
to any presumption that the person was or was not under the influence
of alcohol, but such fact may be considered with other competent evidence
in determining whether the person was under the influence of alcohol.
(3)
If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was under the
influence of alcohol.
(4)
The foregoing provisions of this section shall not
be construed as limiting the introduction of any other relevant evidence
bearing upon the question whether the person was under the influence
of alcohol.
C.
If a person under arrest refuses to submit to chemical test under the provisions of § 496-93, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, or other drugs, or combination of both was driving or in actual physical control of a motor vehicle.
D.
Notwithstanding any ability to refuse under this chapter to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of both. This provision does not affect the applicability of or imposition of driver's license sanctions under § 496-93 of this chapter.
E.
For purposes of this section, a personal injury includes
any Type A injury as indicated on the traffic accident report completed
by a law enforcement officer that requires immediate professional
attention in either a doctor's office or a medical facility. A Type
A injury includes severe bleeding wounds, distorted extremities and
injuries that require the injured party to be carried from the scene.
A.
Notwithstanding any other provision of law, the results of blood tests performed for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, of an individual's blood conducted upon persons receiving medical treatment in a hospital emergency room are admissible in evidence as a business record exception to the hearsay rule only in prosecutions for any violations of § 496-92 of this chapter or a similar provision of a local ordinance, or in prosecutions for reckless homicide brought under the Criminal Code of 1961, when each of the following criteria are met:
(1)
The chemical tests performed upon an individual's
blood were ordered in the regular course of providing emergency medical
treatment and not at the request of law enforcement authorities.
(2)
The chemical tests performed upon an individual's
blood were performed by the laboratory routinely used by the hospital.
(3)
The results of chemical tests performed upon an individual's
blood are admissible into evidence regardless of the time that the
records were prepared.
B.
The confidentiality provisions of law pertaining to medical records and medical treatment shall not be applicable with regard to blood alcohol tests performed under the provisions of this section in prosecutions as specified in Subsection A(1) of this section. No person shall be liable for civil damages as a result of this evidentiary use of blood alcohol test results under this section or as a result of that person's testimony made available under this section.
C.
Reporting of test results of blood or urine conducted
in the regular course of providing emergency medical treatment.
(1)
Notwithstanding any other provision of law, the results of blood or urine tests performed for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, in an individual's blood or urine conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident shall be disclosed to the Department of State Police or local law enforcement agencies of jurisdiction, upon request. Such blood or urine tests are admissible in evidence as a business record exception to the hearsay rule only in prosecutions for any violation of § 496-92 of this chapter or a similar provision of a local ordinance, or in prosecutions for reckless homicide brought under the Criminal Code of 1961.
(2)
The confidentiality provisions of law pertaining to medical records and medical treatment shall not be applicable with regard to tests performed upon an individual's blood or urine under the provisions of Subsection C(1). No person shall be liable for civil damages or professional discipline as a result of the disclosure or reporting of the tests or the evidentiary use of an individual's blood or urine test results under this subsection or § 496-96 or as a result of that person's testimony made available under this subsection or § 496-96, except for willful or wanton misconduct.
If a law enforcement officer has reasonable suspicion to believe that a person is violating or has violated § 496-92 or a similar provision of a local ordinance, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a portable device approved by the Department of State Police. The person may refuse the test. The results of this preliminary breath screening test may be used by the law enforcement officer for the purpose of assisting with the determination of whether a chemical test as authorized under §§ 496-93 and 496-95 and the appropriate type of test to request. Any chemical test authorized under §§ 496-93 and 496-95 may be requested by the officer regardless of the result of the preliminary breath screening test, if probable cause for an arrest exists. The result of a preliminary breath screening test may be used by the defendant as evidence in any administrative or court proceeding involving a violation of §§ 496-93 and 496-95.
A.
Any person who drives or is in actual control of a motor vehicle upon the public highways of this City and who has been involved in a personal injury or fatal motor vehicle accident shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath or urine for the purpose of determining the content of the alcohol, other drug or drugs, or intoxicating compound or compounds of such person's blood if arrested as evidenced by the issuance of a uniform traffic ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance, with the exception of equipment violations contained in Chapter 12 of the Illinois Vehicle Code, or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered. Compliance with this section does not relieve such person from the requirements of § 496-93 of this chapter.
B.
Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by Subsection A above. In addition, if a driver of a vehicle is receiving medical treatment as a result of a motor vehicle accident, any physician licensed to practice medicine, registered nurse or a phlebotomist acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol or other drug or drugs, or intoxicating compound or compounds, upon the specific request of a law enforcement officer. However, no such testing shall be performed until, in the opinion of the medical personnel on the scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
C.
A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting the
test that a refusal to submit to the test, or submission to the test
resulting in an alcohol concentration of 0.08 or more, or any amount
of a drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis, as covered by the Cannabis
Control Act (720 ILCS 550/1 et seq.), a controlled substance listed
in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.),
or an intoxicating compound listed in the Use of Intoxicating Compounds
Act (720 ILCS 690/0.01 et seq.) as detected in such person's blood
or urine, may result in the suspension of such person's privilege
to operate a motor vehicle.
D.
If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's 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, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary, certifying that the test or tests were requested pursuant to Subsection A of this section and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's 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.
(1)
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension to the individual's
driving record and the suspension shall be effective on the 46th day
following the date notice of the suspension was given to the person.
(2)
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person, and
such suspension shall be effective on the 46th day following the date
notice was given.
(3)
In cases where the blood alcohol concentration of
0.08 or more, or any amount of a drug, substance, or intoxicating
compound resulting from the unlawful use or consumption of cannabis
as 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, is established by
a subsequent analysis of blood or urine collected at the time of arrest,
the arresting officer shall give notice as provided in this section
or by deposit in the United States mail of such notice in an envelope
with postage prepaid and addressed to such person at his/her address
as shown on the uniform traffic ticket, and the suspension shall be
effective on the 46th day following the date notice was given.
(4)
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension to
the driver by mailing a notice of the effective date of the suspension
to the individual. However, should the sworn report be defective by
not containing sufficient information or be completed in error, the
notice of the suspension shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be returned
to the issuing law enforcement agency.
E.
A driver may contest this suspension of driving privileges
by requesting an administrative hearing with the Secretary in accordance
with 625 ILCS 5/2-118 of the Illinois Vehicle Code. At the conclusion
of a hearing held under 625 ILCS 5/2-118 of the Illinois Vehicle Code,
the Secretary may rescind, continue or modify the order of suspension.
If the Secretary does not rescind the order, a restricted driving
permit may be granted by the Secretary upon application being made
and good cause shown. A restricted driving permit may be granted to
relieve undue hardship to allow driving for employment, educational
and medical purposes as outlined in 625 ILCS 5/6-206 of the Illinois
Vehicle Code. The provisions of 625 ILCS 5/6-206 of the Illinois Vehicle
Code shall apply.
F.
For the purposes of this section, a personal injury
shall include any Type A injury as indicated on the traffic accident
report completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical facility.
A Type A injury shall include severely bleeding wounds, distorted
extremities and injuries that require the injured party to be carried
from the scene.
[Amended 2-20-2007 by Ord. No. 6161]
It shall be unlawful for any person to transport,
carry, possess or have any alcoholic liquor within the passenger area
of any motor vehicle except in the original container with the seal
unbroken.
[1]
Editor's Note: Former § 496-100, Penalty,
was repealed 3-3-2009 by Ord. No. 6448.
