Bill Amendment: IL SB2980 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-DUI-PRESCRIPTION DRUG

Status: 2016-07-31 - Senate Floor Amendment No. 3 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2980 Detail]

Download: Illinois-2015-SB2980-Senate_Amendment_001.html

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Sen. William R. Haine

Filed: 4/13/2016

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AMENDMENT TO SENATE BILL 2980
AMENDMENT NO. ______. Amend Senate Bill 2980 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-501, 11-501.1 and 11-501.6 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or

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combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting
from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act. Subject to all other
requirements and provisions under this Section, this
paragraph (6) does not apply to the lawful consumption of
cannabis by a qualifying patient licensed under the
Compassionate Use of Medical Cannabis Pilot Program Act who
is in possession of a valid registry card issued under that
Act, unless that person is impaired by the use of cannabis;
or .
(7) there is more than twice the prescribed amount of
drug, substance, or compound in the person's breath, blood,
or urine resulting from the use or consumption of a

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controlled substance listed in the Illinois Controlled
Substances Act of the person's prescription for the
controlled substance. This paragraph (7) does not apply to
the lawful consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Pilot Program Act who is in possession of a valid registry
card under that Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) 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 if the person was transporting

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a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, shall be
subject, in addition to any other penalty that may be
imposed, to a mandatory minimum of 100 hours of community
service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent

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time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 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);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great

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bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, 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 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of

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subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was
transporting a person under the age of 16, a mandatory fine

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of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth

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violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) 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.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be

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sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who

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receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
98-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound

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or compounds related suspension or revocation; implied
consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the
person was under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, the law enforcement officer shall request a chemical
test or tests which shall be administered at the direction of
the arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit

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to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
(a-5) (Blank).
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this

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Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned that a refusal to
submit to the test, when the person was involved in a motor
vehicle accident that caused personal injury or death to
another, will result in the statutory summary revocation of the
person's privilege to operate a motor vehicle, as provided in
Section 6-208.1, and will also result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The person shall also be warned by the
law enforcement officer that if the person submits to the test
or tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is 0.08
or greater, or more than twice the prescribed amount of a
prescription for a controlled substance under paragraph (7) of
subsection (a) of Section 11-501 of this Code is detected in
the person's blood or urine, or any amount of a drug,
substance, or compound resulting from the unlawful use or
consumption of cannabis as covered by the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary

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suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961 or the
Criminal Code of 2012. These test results, however, shall be
admissible only in actions or proceedings directly related to
the incident upon which the test request was made.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under

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this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or more
than twice the prescribed amount of a prescription for a
controlled substance under paragraph (7) of subsection (a) of
Section 11-501 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath,
blood, or urine resulting from the unlawful use or consumption
of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol, drug,
substance, or compound concentration at or greater than the
amount in this subsection (d) of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State

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shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect. A statutory summary
revocation shall not be privileged information.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension or revocation on the person and
the suspension or revocation and disqualification shall be
effective as provided in paragraph (g).

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(1) In cases where the blood alcohol concentration of
0.08 or greater, or more than twice the prescribed amount
of a prescription for a controlled substance under
paragraph (7) of subsection (a) of Section 11-501 of this
Code, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
as covered by the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed
in the Methamphetamine Control and Community Protection
Act is established by a subsequent analysis of blood or
urine collected at the time of arrest, the arresting
officer or arresting agency shall give notice as provided
in this Section or by deposit in the United States mail of
the notice in an envelope with postage prepaid and
addressed to the person at his address as shown on the
Uniform Traffic Ticket and the statutory summary
suspension and disqualification shall begin as provided in
paragraph (g). The officer shall confiscate any Illinois
driver's license or permit on the person at the time of
arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a
form prescribed by the Secretary of State, that will allow
that person to drive during the periods provided for in
paragraph (g). The officer shall immediately forward the

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driver's license or permit to the circuit court of venue
along with the sworn report provided for in paragraph (d).
(2) (Blank).
(g) The statutory summary suspension or revocation and
disqualification referred to in this Section shall take effect
on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension or revocation by mailing a notice of the
effective date of the suspension or revocation to the person
and the court of venue. The Secretary of State shall also mail
notice of the effective date of the disqualification to the
person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "personal injury" includes any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate

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professional attention in either a doctor's office or a medical
facility. A Type A injury includes severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-467, eff. 1-1-16.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident; chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State 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 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 this 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

09900SB2980sam001 - 21 - LRB099 19070 AXK 47332 a
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 Section 11-501.1 of this Code.
(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) of this Section. 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,
licensed physician assistant, licensed advanced practice
nurse, 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, 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 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 more than twice the prescribed amount of a prescription for
a controlled substance under paragraph (7) of subsection (a) of
Section 11-501 of this Code as detected in the person's blood

09900SB2980sam001 - 22 - LRB099 19070 AXK 47332 a
or urine, 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, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act as
detected in such person's blood or urine, may result in the
suspension of such person's privilege to operate a motor
vehicle and may result in the disqualification of the person's
privilege to operate a commercial motor vehicle, as provided in
Section 6-514 of this Code, if the person is a CDL holder. The
length of the suspension shall be the same as outlined in
Section 6-208.1 of this Code regarding statutory summary
suspensions.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
more than twice the prescribed amount of a prescription for a
controlled substance under paragraph (7) of subsection (a) of

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Section 11-501 of this Code, 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, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary,
certifying that the test or tests were requested pursuant to
subsection (a) 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, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension and
disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to

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the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension and disqualification shall be effective on
the 46th day following the date notice was given.
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, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer 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 address as shown on
the Uniform Traffic Ticket and the suspension and
disqualification shall be effective on the 46th day following
the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension
and disqualification to the driver by mailing a notice of the
effective date of the suspension and disqualification to the
individual. However, should the sworn report be defective by

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not containing sufficient information or be completed in error,
the notice of the suspension and disqualification 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 his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At the
conclusion of a hearing held under Section 2-118 of this Code,
the Secretary may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary does not
rescind the orders of suspension and disqualification, 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 Section 6-206 of this Code. The
provisions of Section 6-206 of this Code shall apply. In
accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a
commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified.
(f) (Blank).
(g) For the purposes of this Section, a personal injury

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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.
(Source: P.A. 99-467, eff. 1-1-16.)".