Bill Text: IL HB4333 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that if, at the time an act is alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, there was an alcohol concentration of 0.05 (rather than 0.08) or more, it shall be presumed that the person was under the influence of alcohol. Makes conforming changes in the Act, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, and the Workers' Compensation Act.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2026-04-13 - Added Co-Sponsor Rep. Kevin John Olickal [HB4333 Detail]

Download: Illinois-2025-HB4333-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4333 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-197.5 from Ch. 95 1/2, par. 1-203.1
625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/6-206
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
625 ILCS 5/6-520 from Ch. 95 1/2, par. 6-520
625 ILCS 5/11-500 from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8
625 ILCS 5/11-507
625 ILCS 40/5-7.1
625 ILCS 45/5-16
625 ILCS 45/5-16c
820 ILCS 305/11 from Ch. 48, par. 138.11
Amends the Illinois Vehicle Code. Provides that if, at the time an act is alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, there was an alcohol concentration of 0.05 (rather than 0.08) or more, it shall be presumed that the person was under the influence of alcohol. Makes conforming changes in the Act, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, and the Workers' Compensation Act.
LRB104 16469 LNS 29864 b
A BILL FOR
HB4333 LRB104 16469 LNS 29864 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 1-197.5, 2-118.1, 6-206, 6-208.1, 6-517,
6-520, 11-500, 11-501, 11-501.1, 11-501.2, 11-501.6, 11-501.8,
and 11-507 as follows:
(625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-197.5. Statutory summary alcohol or other drug
related suspension of driver's privileges. The withdrawal by
the Secretary of State of a person's license or privilege to
operate a motor vehicle on the public highways for the periods
provided in Section 6-208.1. Reinstatement after the
suspension period shall occur after all appropriate fees have
been paid. The bases for this withdrawal of driving privileges
shall be the individual's refusal to submit to or failure to
complete a chemical test or tests following an arrest for the
offense of driving under the influence of alcohol, other
drugs, or intoxicating compounds, or any combination thereof,
or submission to such a test or tests indicating an alcohol
concentration of 0.05 0.08 or more as provided in Section
11-501.1 of this Code.
(Source: P.A. 96-607, eff. 8-24-09.)

HB4333 - 2 - LRB104 16469 LNS 29864 b
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation
pursuant to Section 11-501.1.
(a) A statutory summary suspension or revocation of
driving privileges under Section 11-501.1 shall not become
effective until the person is notified in writing of the
impending suspension or revocation and informed that he may
request a hearing in the circuit court of venue under
paragraph (b) of this Section and the statutory summary
suspension or revocation shall become effective as provided in
Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary
suspension or revocation. The hearings shall proceed in the

HB4333 - 3 - LRB104 16469 LNS 29864 b
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
offense as defined in Section 11-501, or a similar
provision of a local ordinance, as evidenced by the
issuance of a Uniform Traffic Ticket, or issued a Uniform
Traffic Ticket out of state as provided in subsection (a)
of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the
influence of alcohol, other drug, or combination of both;
and
3. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle
would be suspended or revoked if the person refused to
submit to and complete the test or tests, did refuse to
submit to or complete the test or tests to determine the
person's blood alcohol or drug concentration; or
4. Whether the person, after being advised by the

HB4333 - 4 - LRB104 16469 LNS 29864 b
officer that the privilege to operate a motor vehicle
would be suspended if the person submits to a chemical
test, or tests, and the test discloses an alcohol
concentration of 0.05 0.08 or more, a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a)
of Section 11-501.2 of this Code, or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, and the person did
submit to and complete the test or tests that determined
an alcohol concentration of 0.05 0.08 or more.
4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle crash
that caused Type A injury or death to another.
Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary
suspension or revocation and immediately notify the Secretary
of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only
by the courts, police officers, and Secretary of State.

HB4333 - 5 - LRB104 16469 LNS 29864 b
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/6-206)
(Text of Section before amendment by P.A. 104-400)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;

HB4333 - 6 - LRB104 16469 LNS 29864 b
4. Has by the unlawful operation of a motor vehicle
caused or contributed to a crash resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the crash, or shall start not more
than one year after the date of the crash, whichever date
occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;

HB4333 - 7 - LRB104 16469 LNS 29864 b
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;

HB4333 - 8 - LRB104 16469 LNS 29864 b
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of a crash
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful possession of weapons, in which case

HB4333 - 9 - LRB104 16469 LNS 29864 b
the suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in

HB4333 - 10 - LRB104 16469 LNS 29864 b
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a sexually exploited child,
promoting commercial sexual exploitation of a child as
described in subdivision (a)(1), (a)(2), or (a)(3) of
Section 11-14.4 of the Criminal Code of 1961 or the
Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by

HB4333 - 11 - LRB104 16469 LNS 29864 b
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;

HB4333 - 12 - LRB104 16469 LNS 29864 b
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision

HB4333 - 13 - LRB104 16469 LNS 29864 b
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's

HB4333 - 14 - LRB104 16469 LNS 29864 b
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the

HB4333 - 15 - LRB104 16469 LNS 29864 b
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed

HB4333 - 16 - LRB104 16469 LNS 29864 b
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by

HB4333 - 17 - LRB104 16469 LNS 29864 b
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from day care daycare. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available and that the petitioner will not endanger
the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is

HB4333 - 18 - LRB104 16469 LNS 29864 b
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a

HB4333 - 19 - LRB104 16469 LNS 29864 b
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that

HB4333 - 20 - LRB104 16469 LNS 29864 b
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of

HB4333 - 21 - LRB104 16469 LNS 29864 b
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph

HB4333 - 22 - LRB104 16469 LNS 29864 b
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,

HB4333 - 23 - LRB104 16469 LNS 29864 b
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.

HB4333 - 24 - LRB104 16469 LNS 29864 b
(f) In accordance with 49 CFR 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 under any provisions of this Code.
(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071,
eff. 7-1-25; revised 10-27-25.)
(Text of Section after amendment by P.A. 104-400)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor

HB4333 - 25 - LRB104 16469 LNS 29864 b
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to a crash resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the crash, or shall start not more
than one year after the date of the crash, whichever date
occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the

HB4333 - 26 - LRB104 16469 LNS 29864 b
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and

HB4333 - 27 - LRB104 16469 LNS 29864 b
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of

HB4333 - 28 - LRB104 16469 LNS 29864 b
this Code relating to leaving the scene of a crash
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful possession of weapons, in which case
the suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);

HB4333 - 29 - LRB104 16469 LNS 29864 b
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a sexually exploited child,
promoting commercial sexual exploitation of a child as
described in subdivision (a)(1), (a)(2), or (a)(3) of
Section 11-14.4 of the Criminal Code of 1961 or the
Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for

HB4333 - 30 - LRB104 16469 LNS 29864 b
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.05 0.08 or more
or any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age

HB4333 - 31 - LRB104 16469 LNS 29864 b
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c),
(c-5), or (c-10) of Section 11-907 of this Code that
resulted in damage to the property of another or the death
or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of

HB4333 - 32 - LRB104 16469 LNS 29864 b
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for

HB4333 - 33 - LRB104 16469 LNS 29864 b
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,

HB4333 - 34 - LRB104 16469 LNS 29864 b
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5

HB4333 - 35 - LRB104 16469 LNS 29864 b
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges

HB4333 - 36 - LRB104 16469 LNS 29864 b
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from day care daycare. The petitioner must
demonstrate that no alternative means of transportation is

HB4333 - 37 - LRB104 16469 LNS 29864 b
reasonably available and that the petitioner will not endanger
the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;

HB4333 - 38 - LRB104 16469 LNS 29864 b
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section

HB4333 - 39 - LRB104 16469 LNS 29864 b
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted

HB4333 - 40 - LRB104 16469 LNS 29864 b
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.

HB4333 - 41 - LRB104 16469 LNS 29864 b
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a

HB4333 - 42 - LRB104 16469 LNS 29864 b
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to

HB4333 - 43 - LRB104 16469 LNS 29864 b
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 CFR 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 under any provisions of this Code.
(Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25;
103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised
10-27-25.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:

HB4333 - 44 - LRB104 16469 LNS 29864 b
1. twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, other
drug, or intoxicating compound concentration under Section
11-501.1, if the person was not involved in a motor
vehicle crash that caused personal injury or death to
another; or
2. six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.05 0.08 or more, the presence of
cannabis as listed in the Cannabis Control Act with a
tetrahydrocannabinol concentration as defined in paragraph
6 of subsection (a) of Section 11-501.2 of this Code, or
any amount of a drug, substance, or intoxicating compound
in such person's breath, blood, other bodily substance, or
urine resulting from the unlawful use or consumption of 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, pursuant to Section 11-501.1; or
3. three years from the effective date of the
statutory summary suspension for any person other than a
first offender who refuses or fails to complete a test or
tests to determine the alcohol, drug, or intoxicating

HB4333 - 45 - LRB104 16469 LNS 29864 b
compound concentration pursuant to Section 11-501.1; or
4. one year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.05 0.08 or more
pursuant to Section 11-501.1, the presence of cannabis as
listed in the Cannabis Control Act with a
tetrahydrocannabinol concentration as defined in paragraph
6 of subsection (a) of Section 11-501.2 of this Code, or
any amount of a drug, substance or compound in such
person's blood, other bodily substance, or urine resulting
from the unlawful use or consumption of 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; or
5. (Blank).
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If
the court has reason to believe that the person's driving
privilege should not be restored, the court shall notify the
Secretary of State prior to the expiration of the statutory
summary suspension so appropriate action may be taken pursuant

HB4333 - 46 - LRB104 16469 LNS 29864 b
to this Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
or revoked under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or
revocation shall be credited toward the minimum period of
revocation of driving privileges imposed pursuant to Section
6-205.
(e) A first offender who refused chemical testing and
whose driving privileges were summarily revoked pursuant to
Section 11-501.1 shall not be eligible for a monitoring device
driving permit, but may make application for reinstatement or
for a restricted driving permit after a period of one year has
elapsed from the effective date of the revocation.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.

HB4333 - 47 - LRB104 16469 LNS 29864 b
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to
submit to a chemical test or tests to determine the alcohol
concentration or any amount of a drug, substance, or compound
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 in such
person's system, must be warned by the police officer
requesting the test or tests that a refusal to submit to the
test or tests will result in that person being immediately
placed out-of-service for a period of 24 hours and being
disqualified from operating a commercial motor vehicle for a
period of not less than 12 months; the person shall also be
warned that if such person submits to testing which discloses
an alcohol concentration of greater than 0.00 but less than
0.04 or any amount of a drug, substance, or compound in such
person's blood, other bodily substance, 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, such person shall be placed

HB4333 - 48 - LRB104 16469 LNS 29864 b
immediately out-of-service for a period of 24 hours; if the
person submits to testing which discloses an alcohol
concentration of 0.04 or more or any amount of a drug,
substance, or compound in such person's blood, other bodily
substance, 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, such
person shall be placed immediately out-of-service and
disqualified from driving a commercial motor vehicle for a
period of at least 12 months; also the person shall be warned
that if such testing discloses an alcohol concentration of
0.05 0.08, or more or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, 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, in
addition to the person being immediately placed out-of-service
and disqualified for 12 months as provided in this UCDLA, the
results of such testing shall also be admissible in
prosecutions for violations of Section 11-501 of this Code, or

HB4333 - 49 - LRB104 16469 LNS 29864 b
similar violations of local ordinances, however, such results
shall not be used to impose any driving sanctions pursuant to
Section 11-501.1 of this Code.
The person shall also be warned that any disqualification
imposed pursuant to this Section, shall be for life for any
such offense or refusal, or combination thereof; including a
conviction for violating Section 11-501 while driving a
commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate
incidents.
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 police 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.
(b) If the person refuses or fails to complete testing, or
submits to a test which discloses an alcohol concentration of
at least 0.04, or any amount of a drug, substance, or compound
in such person's blood, other bodily substance, 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

HB4333 - 50 - LRB104 16469 LNS 29864 b
Methamphetamine Control and Community Protection Act, the law
enforcement officer must submit a Sworn Report to the
Secretary of State, in a form prescribed by the Secretary,
certifying that the test or tests was requested pursuant to
paragraph (a); that the person was warned, as provided in
paragraph (a) and that such person refused to submit to or
failed to complete testing, or submitted to a test which
disclosed an alcohol concentration of 0.04 or more, or any
amount of a drug, substance, or compound in such person's
blood, other bodily substance, 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.
(c) The police officer submitting the Sworn Report under
this Section shall serve notice of the CDL disqualification on
the person and such CDL disqualification shall be effective as
provided in paragraph (d). In cases where the blood alcohol
concentration of 0.04 or more, or any amount of a drug,
substance, or compound in such person's blood, other bodily
substance, 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

HB4333 - 51 - LRB104 16469 LNS 29864 b
Intoxicating Compounds Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act, is
established by subsequent analysis of blood, other bodily
substance, or urine collected at the time of the request, the
police officer shall give notice as provided in this Section
or by deposit in the United States mail of such 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's domiciliary address as shown on the
Sworn Report and the CDL disqualification shall begin as
provided in paragraph (d).
(d) The CDL disqualification referred to in this Section
shall take effect on the 46th day following the date the Sworn
Report was given to the affected person.
(e) Upon receipt of the Sworn Report from the police
officer, the Secretary of State shall disqualify the person
from driving any commercial motor vehicle and shall confirm
the CDL disqualification by mailing the notice of the
effective date to the person. However, should the Sworn Report
be defective by not containing sufficient information or be
completed in error, the confirmation of the CDL
disqualification shall not be mailed to the affected person or
entered into the record, instead the Sworn Report shall be
forwarded to the issuing agency identifying any such defect.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)

HB4333 - 52 - LRB104 16469 LNS 29864 b
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order;
hearing.
(a) A disqualification of commercial driving privileges by
the Secretary of State, pursuant to this UCDLA, shall not
become effective until the person is notified in writing, by
the Secretary, of the impending disqualification and advised
that a CDL hearing may be requested of the Secretary if the
stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification
not based upon a conviction; an out-of-service order; or
notification that a CDL disqualification is forthcoming, the
person may make a written petition in a form, approved by the
Secretary of State, for a CDL hearing with the Secretary if the
stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to
have the CDL disqualification rescinded or the out-of-service
order removed from the person's driving record. Within 10 days
after the receipt of such petition, it shall be reviewed by the
Director of the Department of Administrative Hearings, Office
of the Secretary of State, or by an appointed designee. If it
is determined that the petition on its face does not state
grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall
become effective as if no petition had been filed and the
out-of-service order shall be sustained. If such petition is

HB4333 - 53 - LRB104 16469 LNS 29864 b
so denied, the person may submit another petition.
(c) The scope of a CDL hearing, for any disqualification
imposed pursuant to paragraphs (1) and (2) of subsection (a)
of Section 6-514, resulting from the operation of a commercial
motor vehicle, shall be limited to the following issues:
1. Whether the person was operating a commercial motor
vehicle;
2. Whether, after making the initial stop, the police
officer had probable cause to issue a Sworn Report;
3. Whether the person was verbally warned of the
ensuing consequences prior to submitting to any type of
chemical test or tests to determine such person's blood
concentration of alcohol, other drug, or both;
4. Whether the person did refuse to submit to or
failed to complete the chemical testing or did submit to
such test or tests and such test or tests disclosed an
alcohol concentration of at least 0.04 or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis
Control Act or a controlled substance listed in the
Illinois Controlled Substances Act or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act in the person's system;
5. Whether the person was warned that if the test or
tests disclosed an alcohol concentration of 0.05 0.08 or
more or any amount of a drug, substance, or compound

HB4333 - 54 - LRB104 16469 LNS 29864 b
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled
substance listed in the Illinois Controlled Substances Act
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, such results could
be admissible in a subsequent prosecution under Section
11-501 of this Code or similar provision of local
ordinances; and
6. Whether such results could not be used to impose
any driver's license sanctions pursuant to Section
11-501.1.
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or
rescinded.
(d) The scope of a CDL hearing for any out-of-service
sanction, imposed pursuant to Section 6-515, shall be limited
to the following issues:
1. Whether the person was driving a commercial motor
vehicle;
2. Whether, while driving such commercial motor
vehicle, the person had alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act
or a controlled substance listed in the Illinois
Controlled Substances Act or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act

HB4333 - 55 - LRB104 16469 LNS 29864 b
in such person's system;
3. Whether the person was verbally warned of the
ensuing consequences prior to being asked to submit to any
type of chemical test or tests to determine such person's
alcohol, other drug, or both, concentration; and
4. Whether, after being so warned, the person did
refuse to submit to or failed to complete such chemical
test or tests or did submit to such test or tests and such
test or tests disclosed an alcohol concentration greater
than 0.00 or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act or a controlled
substance listed in the Illinois Controlled Substances Act
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
Upon the conclusion of the above CDL hearing, the
out-of-service sanction shall either be sustained or removed
from the person's driving record.
(e) If any person petitions for a hearing relating to any
CDL disqualification based upon a conviction, as defined in
this UCDLA, said hearing shall not be conducted as a CDL
hearing, but shall be conducted as any other driver's license
hearing, whether formal or informal, as promulgated in the
rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for
the purposes of this UCDLA, shall be sufficient probable cause

HB4333 - 56 - LRB104 16469 LNS 29864 b
for requesting the driver to submit to a chemical test or tests
to determine the presence of alcohol, other drug, or both in
the person's system and the subsequent issuance of an
out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in
accordance with Section 2-118 of this Code, for the purpose of
resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the
operation of a commercial motor vehicle. These proceedings
will be a matter of record and a final appealable order issued.
The petition for a CDL hearing shall not stay or delay the
effective date of the impending disqualification.
(h) The CDL hearing may be conducted upon a review of the
police officer's own official reports; provided however, that
the petitioner may subpoena the officer. Failure of the
officer to answer the subpoena shall be grounds for a
continuance.
(i) Any CDL disqualification based upon a statutory
summary suspension or revocation resulting from an arrest of a
CDL holder while operating a non-commercial motor vehicle, may
only be contested by filing a petition to contest the
statutory summary suspension or revocation in the appropriate
circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)

HB4333 - 57 - LRB104 16469 LNS 29864 b
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting
Sections 6-206.1 and 6-208.1 of this Code, "first offender"
shall mean any person who has not had a previous conviction or
court assigned supervision for violating Section 11-501, or a
similar provision of a local ordinance, 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 Code or similar offenses
committed on a military installation, or any person who has
not had a driver's license suspension pursuant to paragraph 6
of subsection (a) of Section 6-206 as the result of refusal of
chemical testing in another state, or any person who has not
had a driver's license suspension or revocation for violating
Section 11-501.1 within 5 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 0.05
0.08 or more, or any amount of a drug, substance, or compound
in such person's blood, other bodily substance, 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, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act and was
subsequently found not guilty of violating Section 11-501, or

HB4333 - 58 - LRB104 16469 LNS 29864 b
a similar provision of a local ordinance.
(Source: P.A. 99-697, eff. 7-29-16.)
(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,
other bodily substance, or breath is 0.05 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 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;
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily

HB4333 - 59 - LRB104 16469 LNS 29864 b
substance, or urine resulting from the unlawful use or
consumption of 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; or
(7) the person has, within 2 hours of driving or being
in actual physical control of a vehicle, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code.
Subject to all other requirements and provisions under
this Section, this paragraph (7) does not apply to the
lawful consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
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.
(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
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

HB4333 - 60 - LRB104 16469 LNS 29864 b
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
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,
other bodily substance, or urine was 0.16 or more based on
the definition of blood, breath, other bodily substance,
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, other bodily
substance, or urine was 0.16 or more based on the
definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in

HB4333 - 61 - LRB104 16469 LNS 29864 b
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
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 crash
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

HB4333 - 62 - LRB104 16469 LNS 29864 b
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
crash 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;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle crash
or 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

HB4333 - 63 - LRB104 16469 LNS 29864 b
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
subsection (a) was involved in a motor vehicle crash
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

HB4333 - 64 - LRB104 16469 LNS 29864 b
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, other bodily substance, or urine was 0.16 or more
based on the definition of blood, breath, other bodily
substance, or urine units in Section 11-501.2, a mandatory
minimum of 90 days of imprisonment and a mandatory minimum
fine of $2,500 shall be imposed in addition to any other
criminal or administrative sanction. If at the time of the
third violation, the defendant was transporting a person
under the age of 16, a mandatory fine of $25,000 and 25
days of community service in a program benefiting children
shall be imposed in addition to any other criminal or
administrative sanction.
(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, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, 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

HB4333 - 65 - LRB104 16469 LNS 29864 b
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, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall
be imposed in addition to any other criminal or
administrative sanction.
(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, other bodily substance, or
urine was 0.16 or more based on the definition of blood,

HB4333 - 66 - LRB104 16469 LNS 29864 b
breath, other bodily substance, 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
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

HB4333 - 67 - LRB104 16469 LNS 29864 b
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 crash, 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
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

HB4333 - 68 - LRB104 16469 LNS 29864 b
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. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
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, other bodily substance, 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

HB4333 - 69 - LRB104 16469 LNS 29864 b
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. Up to 2 additional tests of urine or other
bodily substance 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 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

HB4333 - 70 - LRB104 16469 LNS 29864 b
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 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 crash that caused personal
injury or death to another, will result in the statutory
summary revocation of the person's privilege to operate a

HB4333 - 71 - LRB104 16469 LNS 29864 b
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, other bodily substance, or breath is 0.05 0.08 or
greater, or testing discloses the presence of cannabis as
listed in the Cannabis Control Act with a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of this Code, or any amount of a drug,
substance, or compound resulting from the unlawful use or
consumption of 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, other bodily substance
or urine, a statutory summary 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, will be imposed. If the
person is also a CDL holder, he or she shall 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, other bodily
substance, or breath is 0.05 0.08 or greater, or any amount of

HB4333 - 72 - LRB104 16469 LNS 29864 b
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, other bodily substance, or
urine, a disqualification of the person's privilege to operate
a commercial motor vehicle, as provided in Section 6-514 of
this Code, 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, other bodily substance, or breath is
greater than 0.00 and less than 0.05 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

HB4333 - 73 - LRB104 16469 LNS 29864 b
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
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 0.05 0.08 or more, or
testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section
11-501.2 of this Code, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other
bodily substance, or urine resulting from the unlawful use or
consumption of 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,

HB4333 - 74 - LRB104 16469 LNS 29864 b
or tests, or submitted to testing that disclosed an alcohol
concentration of 0.05 0.08 or more, testing discloses the
presence of cannabis as listed in the Cannabis Control Act
with a tetrahydrocannabinol concentration as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of this
Code, or any amount of a drug, substance, or intoxicating
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of 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. If the person is also a CDL holder and refuses testing or
submits to a test that discloses an alcohol concentration of
0.05 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other
bodily substance, 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 also 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,

HB4333 - 75 - LRB104 16469 LNS 29864 b
or tests, or submitted to testing that disclosed an alcohol
concentration of 0.05 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath,
blood, other bodily substance, 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.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
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

HB4333 - 76 - LRB104 16469 LNS 29864 b
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).
(1) In cases involving a person who is not a CDL holder
where the blood alcohol concentration of 0.05 0.08 or
greater or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of 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, other bodily substance, or urine or analysis of
whole blood or other bodily substance establishes a
tetrahydrocannabinol concentration as defined in paragraph
6 of subsection (a) of Section 11-501.2 of this Code,

HB4333 - 77 - LRB104 16469 LNS 29864 b
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 or her address as shown on the Uniform
Traffic Ticket and the statutory summary suspension shall
begin as provided in paragraph (g).
(1.3) In cases involving a person who is a CDL holder
where the blood alcohol concentration of 0.05 0.08 or
greater 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,
other bodily substance, 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 or her
address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall
begin as provided in paragraph (g).
(1.5) The officer shall confiscate any Illinois

HB4333 - 78 - LRB104 16469 LNS 29864 b
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
driver's license or permit to the Secretary of State 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

HB4333 - 79 - LRB104 16469 LNS 29864 b
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 crash 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 severely bleeding
wounds, distorted extremities, and injuries that require the
injured party to be carried from the scene.
(Source: P.A. 104-260, eff. 8-15-25.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, 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

HB4333 - 80 - LRB104 16469 LNS 29864 b
under the provisions of this Section shall have been
performed according to standards promulgated by the
Illinois State Police by a licensed physician, registered
nurse, trained phlebotomist, licensed paramedic, or other
individual possessing a valid permit issued by that
Department for this purpose. The Director of the Illinois
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
Illinois 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 Section 11-501.1, only a physician
authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice registered nurse,
a registered nurse, trained phlebotomist, or licensed
paramedic, or other qualified person approved by the
Illinois 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, other bodily substance, or urine
specimens.

HB4333 - 81 - LRB104 16469 LNS 29864 b
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice registered nurse,
a registered nurse, a trained phlebotomist acting under
the direction of the physician, or licensed 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 Illinois State
Police for that purpose.
3. The person tested may have a physician, or a
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.
4. 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.

HB4333 - 82 - LRB104 16469 LNS 29864 b
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
6. Tetrahydrocannabinol concentration means either 5
nanograms or more of delta-9-tetrahydrocannabinol per
milliliter of whole blood or 10 nanograms or more of
delta-9-tetrahydrocannabinol per milliliter of other
bodily substance.
(a-5) Law enforcement officials may use validated roadside
chemical tests or standardized field sobriety tests approved
by the National Highway Traffic Safety Administration when
conducting investigations of a violation of Section 11-501 or
similar local ordinance by drivers suspected of driving under
the influence of cannabis. The General Assembly finds that (i)
validated roadside chemical tests are effective means to
determine if a person is under the influence of cannabis and
(ii) standardized field sobriety tests approved by the
National Highway Traffic Safety Administration are divided
attention tasks that are intended to determine if a person is
under the influence of cannabis. The purpose of these tests is
to determine the effect of the use of cannabis on a person's
capacity to think and act with ordinary care and therefore
operate a motor vehicle safely. Therefore, the results of
these validated roadside chemical tests and standardized field
sobriety tests, appropriately administered, shall be
admissible in the trial of any civil or criminal action or

HB4333 - 83 - LRB104 16469 LNS 29864 b
proceeding arising out of an arrest for a cannabis-related
offense as defined in Section 11-501 or a similar local
ordinance or proceedings under Section 2-118.1 or 2-118.2.
Where a test is made the following provisions shall apply:
1. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to the standardized
field sobriety test or tests administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person does not preclude
the admission of evidence relating to the test or tests
taken at the direction of a law enforcement officer.
2. Upon the request of the person who shall submit to
validated roadside chemical tests or a standardized field
sobriety 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 the person's
attorney.
3. At the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as
defined in Section 11-501 or a similar local ordinance or
proceedings under Section 2-118.1 or 2-118.2 in which the
results of these validated roadside chemical tests or
standardized field sobriety tests are admitted, the person
may present and the trier of fact may consider evidence

HB4333 - 84 - LRB104 16469 LNS 29864 b
that the person lacked the physical capacity to perform
the validated roadside chemical tests or standardized
field sobriety tests.
(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 less than 0.05 or less, it shall be presumed that the
person was not under the influence of alcohol.
2. (Blank). 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 0.05 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

HB4333 - 85 - LRB104 16469 LNS 29864 b
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(b-5) 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, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, the concentration of cannabis in the person's whole
blood or other bodily substance at the time alleged as shown by
analysis of the person's blood or other bodily substance shall
give rise to the following presumptions:
1. If there was a tetrahydrocannabinol concentration
of 5 nanograms or more in whole blood or 10 nanograms or
more in an other bodily substance as defined in this
Section, it shall be presumed that the person was under
the influence of cannabis.
2. If there was at that time a tetrahydrocannabinol
concentration of less than 5 nanograms in whole blood or
less than 10 nanograms in an other bodily substance, such
facts shall not give rise to any presumption that the
person was or was not under the influence of cannabis, but
such fact may be considered with other competent evidence
in determining whether the person was under the influence
of cannabis.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,

HB4333 - 86 - LRB104 16469 LNS 29864 b
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, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code
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, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath, other bodily substance, 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 Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury
includes any Type A injury as indicated on the traffic crash
report completed by a law enforcement officer that requires
immediate professional attention in either a doctor's office

HB4333 - 87 - LRB104 16469 LNS 29864 b
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.
(d) If a person refuses validated roadside chemical tests
or standardized field sobriety tests under Section 11-501.9 of
this Code, evidence of refusal shall be admissible in any
civil or criminal action or proceeding arising out of acts
committed while the person was driving or in actual physical
control of a vehicle and alleged to have been impaired by the
use of cannabis.
(e) Illinois State Police compliance with the changes in
this amendatory Act of the 99th General Assembly concerning
testing of other bodily substances and tetrahydrocannabinol
concentration by Illinois State Police laboratories is subject
to appropriation and until the Illinois State Police adopt
standards and completion validation. Any laboratories that
test for the presence of cannabis or other drugs under this
Article, the Snowmobile Registration and Safety Act, or the
Boat Registration and Safety Act must comply with ISO/IEC
17025:2005.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21;
102-982, eff. 7-1-23.)
(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 crash; chemical test.

HB4333 - 88 - LRB104 16469 LNS 29864 b
(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
crash, shall be deemed to have given consent to a breath test
using a portable device as approved by the Illinois State
Police or to a chemical test or tests of blood, breath, other
bodily substance, 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 administered. Up to 2
additional tests of urine or other bodily substance 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

HB4333 - 89 - LRB104 16469 LNS 29864 b
driver of a vehicle is receiving medical treatment as a result
of a motor vehicle crash, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced
practice registered 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 0.05 0.08 or more, or testing discloses the presence of
cannabis as listed in the Cannabis Control Act with a
tetrahydrocannabinol concentration as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code, or any
amount of a drug, substance, or intoxicating compound
resulting from the unlawful use or consumption of 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

HB4333 - 90 - LRB104 16469 LNS 29864 b
detected in such person's blood, other bodily substance, or
urine, may result in the suspension of such person's privilege
to operate a motor vehicle. If the person is also a CDL holder,
he or she 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 0.05 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, 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 the person's blood, other bodily substance, or
urine, 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. 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.

HB4333 - 91 - LRB104 16469 LNS 29864 b
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.05 0.08 or more,
the presence of cannabis as listed in the Cannabis Control Act
with a tetrahydrocannabinol concentration as defined in
paragraph 6 of subsection (a) of Section 11-501.2 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 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 under subsection (a) and the person
refused to submit to a test or tests or submitted to testing
which disclosed an alcohol concentration of 0.05 0.08 or more,
the presence of cannabis as listed in the Cannabis Control Act
with a tetrahydrocannabinol concentration as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of this
Code, or any amount of a drug, substance, or intoxicating
compound in such person's blood, other bodily substance, or
urine, resulting from the unlawful use or consumption of 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

HB4333 - 92 - LRB104 16469 LNS 29864 b
the Methamphetamine Control and Community Protection Act. If
the person is also a CDL holder and refuses testing or submits
to a test which discloses an alcohol concentration of 0.05
0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, 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
under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol
concentration of 0.05 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, 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

HB4333 - 93 - LRB104 16469 LNS 29864 b
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
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 involving a person who is not a CDL holder where
the blood alcohol concentration of 0.05 0.08 or more, or blood
testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section
11-501.2 of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of 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, other
bodily substance, 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 or her address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day

HB4333 - 94 - LRB104 16469 LNS 29864 b
following the date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.05 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, other bodily
substance, 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 the
person at his or her 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 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

HB4333 - 95 - LRB104 16469 LNS 29864 b
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
shall include any type A injury as indicated on the traffic
crash report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's

HB4333 - 96 - LRB104 16469 LNS 29864 b
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. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and 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 to a chemical test or tests of blood, breath, other
bodily substance, or urine for the purpose of determining the
alcohol content of the 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, if a police officer has probable cause to
believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's
physical condition or other first hand knowledge of the police
officer. 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. Up to 2 additional tests of urine
or other bodily substance may be administered even after a
blood or breath test or both has been administered.

HB4333 - 97 - LRB104 16469 LNS 29864 b
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that 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 following provisions:
(i) Chemical analysis 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 standards promulgated by the
Illinois State Police by an individual possessing a valid
permit issued by that Department for this purpose. The
Director of the Illinois State Police is authorized to
approve satisfactory techniques or methods, to ascertain
the qualifications and competence of individuals to
conduct analyses, to issue permits that shall be subject
to termination or revocation at the direction of that
Department, and to certify the accuracy of breath testing
equipment. The Illinois State Police shall prescribe
regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, or
other qualified person trained in venipuncture and acting
under the direction of a licensed physician may withdraw

HB4333 - 98 - LRB104 16469 LNS 29864 b
blood for the purpose of determining the alcohol content
therein. This limitation does not apply to the taking of
breath, other bodily substance, or urine specimens.
(iii) The person tested may have a physician,
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer a
chemical test or tests in addition to any test or tests
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 consideration of
the previously performed chemical test.
(iv) Upon a request of the person who submits 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 that person's
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle crashes, a physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice registered nurse, registered nurse, or
other qualified person trained in venipuncture and acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of

HB4333 - 99 - LRB104 16469 LNS 29864 b
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not 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 more than 0.00, may result in the loss of that 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 loss of driving
privileges shall be imposed in accordance with Section 6-208.2
of this Code.
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 that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to

HB4333 - 100 - LRB104 16469 LNS 29864 b
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more
than 0.00 and less than 0.05 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on 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
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, 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

HB4333 - 101 - LRB104 16469 LNS 29864 b
of 18 years that holds an instruction permit or a graduated
driver's license, regardless of whether the suspension is in
effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood,
other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of that notice in an
envelope with postage prepaid and addressed to that person at
his last known address and the loss of driving privileges
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 of State 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 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.

HB4333 - 102 - LRB104 16469 LNS 29864 b
(e) A driver may contest this suspension and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of
this Code. An individual whose blood alcohol concentration is
shown to be more than 0.00 is not subject to this Section if he
or she consumed alcohol in the performance of a religious
service or ceremony. An individual whose blood alcohol
concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol
concentration resulted only from ingestion of the prescribed
or recommended dosage of medicine that contained alcohol. The
petition for that hearing shall not stay or delay the
effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that
the person was in violation of any provision of the
Illinois Vehicle Code or a similar provision of a local
ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an

HB4333 - 103 - LRB104 16469 LNS 29864 b
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle
would be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical
test or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and
complete the test or tests that determined an alcohol
concentration of more than 0.00; and
(6) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol in the performance of a
religious service or ceremony; and
(7) whether the test result of an alcohol
concentration of more than 0.00 was based upon the
person's consumption of alcohol through ingestion of the
prescribed or recommended dosage of medicine.
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or

HB4333 - 104 - LRB104 16469 LNS 29864 b
modify the suspension and disqualification. If the Secretary
of State does not rescind the suspension and disqualification,
a restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension or revocation.

HB4333 - 105 - LRB104 16469 LNS 29864 b
(g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar
provision of a local ordinance, and a chemical test request is
made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the
Secretary of State under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
(625 ILCS 5/11-507)
Sec. 11-507. Supervising a minor driver while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof.
(a) A person shall not accompany or provide instruction,
pursuant to subsection (a) of Section 6-107.1 of this Code, to
a driver who is a minor and driving a motor vehicle pursuant to
an instruction permit under Section 6-107.1 of this Code,
while:
(1) the alcohol concentration in the person's blood,
other bodily substance, or breath is 0.05 0.08 or more

HB4333 - 106 - LRB104 16469 LNS 29864 b
based on the definition of blood and breath units in
Section 11-501.2 of this Code;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that
renders the person incapable of properly supervising or
providing instruction to the minor driver;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of properly supervising or providing instruction
to the minor driver;
(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 properly
supervising or providing instruction to the minor driver;
or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, 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.
(b) A person found guilty of violating this Section is

HB4333 - 107 - LRB104 16469 LNS 29864 b
guilty of an offense against the regulations governing the
movement of vehicles.
(Source: P.A. 99-697, eff. 7-29-16.)
Section 10. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7.1 as follows:
(625 ILCS 40/5-7.1)
Sec. 5-7.1. Implied consent.
(a) A person who operates or is in actual physical control
of a snowmobile in this State is deemed to have given consent
to a chemical test or tests of blood, breath, other bodily
substance, or urine for the purpose of determining the content
of alcohol, other drug or drugs, intoxicating compound or
compounds, or a combination of them in that person's blood or
other bodily substance, if arrested for a violation of Section
5-7. The chemical test or tests shall be administered at the
direction of the arresting officer. The law enforcement agency
employing the officer shall designate which tests shall be
administered. Up to 2 additional tests of urine or other
bodily substance may be administered even after a blood or
breath test or both has been administered.
(a-1) For the purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the
person for any offense defined in Section 5-7 may travel into
an adjoining state, where the person has been transported for

HB4333 - 108 - LRB104 16469 LNS 29864 b
medical care to complete an investigation and to request that
the person submit 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 citation for an offense as defined in Section
5-7 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 citation 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 citation 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-2) Notwithstanding any ability to refuse under this Act
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 snowmobile operated by or
under actual physical control of a person under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or any combination of them 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, other bodily substance, or
urine for the purpose of determining the alcohol content or

HB4333 - 109 - LRB104 16469 LNS 29864 b
the presence of any other drug or combination of both. For the
purposes of this Section, a personal injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene for
immediate professional attention in either a doctor's office
or a medical facility.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal, is
deemed not to have withdrawn the consent provided in
subsection (a), and the test or tests may be administered.
(c) A person requested to submit to a test as provided in
this Section shall be verbally advised by the law enforcement
officer requesting the test that a refusal to submit to the
test will result in suspension of that person's privilege to
operate a snowmobile for a minimum of 2 years.
(d) Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no tests may be
given, but the law enforcement officer shall file with the
clerk of the circuit court for the county in which the arrest
was made, and with the Department of Natural Resources, a
sworn statement naming the person refusing to take and
complete the chemical test or tests requested under the
provisions of this Section. The sworn statement shall identify
the arrested person, the person's current residence address
and shall specify that a refusal by that person to take the

HB4333 - 110 - LRB104 16469 LNS 29864 b
chemical test or tests was made. The sworn statement shall
include a statement that the officer had reasonable cause to
believe the person was operating or was in actual physical
control of the snowmobile within this State while under the
influence of alcohol, other drug or drugs, an intoxicating
compound or compound, or a combination of them and that a
chemical test or tests were requested as an incident to and
following the lawful arrest for an offense as defined in
Section 5-7 or a similar provision of a local ordinance, and
that the person, after being arrested for an offense arising
out of acts alleged to have been committed while operating a
snowmobile, refused to submit to and complete a chemical test
or tests as requested by the law enforcement officer.
(e) The law enforcement officer submitting the sworn
statement shall serve immediate written notice upon the person
refusing the chemical test or tests that the person's
privilege to operate a snowmobile within this State will be
suspended for a period of 2 years unless, within 28 days from
the date of the notice, the person requests in writing a
hearing on the suspension.
If the person desires a hearing, the person shall file a
complaint in the circuit court in the county where that person
was arrested within 28 days from the date of the notice. The
hearing shall proceed in the court in the same manner as other
civil proceedings. The hearing shall cover only the following
issues: (1) whether the person was placed under arrest for an

HB4333 - 111 - LRB104 16469 LNS 29864 b
offense as defined in Section 5-7 or a similar provision of a
local ordinance as evidenced by the issuance of a uniform
citation; (2) whether the arresting officer had reasonable
grounds to believe that the person was operating a snowmobile
while under the influence of alcohol, other drug or drugs, an
intoxicating compound or compounds, or a combination of them;
and (3) whether that person refused to submit to and complete
the chemical test or tests upon the request of the law
enforcement officer. Whether the person was informed that the
person's privilege to operate a snowmobile would be suspended
if that person refused to submit to the chemical test or tests
may not be an issue in the hearing.
If the person fails to request a hearing in writing within
28 days of the date of the notice, or if a hearing is held and
the court finds against the person on the issues before the
court, the clerk shall immediately notify the Department of
Natural Resources, and the Department shall suspend the
snowmobile operation privileges of that person for at least 2
years.
(f) (Blank).
(f-1) If the person is a CDL holder and submits to a test
that discloses an alcohol concentration of 0.05 0.08 or more,
or any amount of a drug, substance, or intoxicating compound
in the person's breath, blood, other bodily substance, or
urine resulting from the unlawful use of cannabis listed in
the Cannabis Control Act, a controlled substance listed in the

HB4333 - 112 - LRB104 16469 LNS 29864 b
Illinois Controlled Substances Act, methamphetamine as listed
in the Methamphetamine Control and Community Protection 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 circuit clerk of venue and the
Department of Natural Resources, certifying that the test or
tests was or were requested under subsection (a-1) of this
Section and the person submitted to testing that disclosed an
alcohol concentration of 0.05 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in the person's
breath, blood, other bodily substance, 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, methamphetamine as listed
in the Methamphetamine Control and Community Protection Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act. If the person is not a CDL holder and submits to
a test that discloses an alcohol concentration of 0.05 0.08 or
more, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph
6 of subsection (a) of Section 11-501.2 of the Illinois
Vehicle Code, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in

HB4333 - 113 - LRB104 16469 LNS 29864 b
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 clerk of venue and the Department
of Natural Resources, certifying that the test or tests was or
were requested under subsection (a-1) and the person submitted
to testing that disclosed an alcohol concentration of 0.05
0.08 or more, a tetrahydrocannabinol concentration in the
person's whole blood or other bodily substance as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of the
Illinois Vehicle Code, or any amount of a drug, substance, or
intoxicating compound in such person's blood, other bodily
substance, or urine, resulting from the unlawful use or
consumption of 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.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.05 0.08 or greater or any
amount of drug, substance, or compound resulting from the
unlawful use of cannabis, a controlled substance,
methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or
urine collected at the time of arrest, the arresting officer
or arresting agency shall immediately submit a sworn report to

HB4333 - 114 - LRB104 16469 LNS 29864 b
the circuit clerk of venue and the Department of Natural
Resources upon receipt of the test results. In cases involving
a person who is not a CDL holder where the blood alcohol
concentration of 0.05 0.08 or greater, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount
of drug, substance, or compound resulting from the unlawful
use of a controlled substance, methamphetamine, or an
intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, or urine collected at the
time of arrest, the arresting officer or arresting agency
shall immediately submit a sworn report to the circuit clerk
of venue and the Department of Natural Resources upon receipt
of the test results.
(g) A person must submit to each chemical test offered by
the law enforcement officer in order to comply with implied
consent provisions of this Section.
(h) The provision of Section 11-501.2 of the Illinois
Vehicle Code concerning the certification and use of chemical
tests applies to the use of those tests under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
Section 15. The Boat Registration and Safety Act is
amended by changing Sections 5-16 and 5-16c as follows:

HB4333 - 115 - LRB104 16469 LNS 29864 b
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof.
(A) 1. A person shall not operate or be in actual physical
control of any watercraft within this State while:
(a) The alcohol concentration in such person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such person
incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that
renders the person incapable of safely operating any
watercraft;
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such person
incapable of safely operating a watercraft;
(d-3) The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection

HB4333 - 116 - LRB104 16469 LNS 29864 b
(a) of Section 11-501 of the Illinois Vehicle Code;
(d-5) The person who is a CDL holder has any amount of
a drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
(e) There is any amount of a drug, substance, or
compound in the person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of a
controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, or
an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
2. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them, shall not constitute a defense against
any charge of violating this Section.
3. Every person convicted of violating this Section shall
be guilty of a Class A misdemeanor, except as otherwise
provided in this Section.
4. Every person convicted of violating this Section shall
be guilty of a Class 4 felony if:
(a) He or she has a previous conviction under this
Section;

HB4333 - 117 - LRB104 16469 LNS 29864 b
(b) The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this subparagraph (b), if
sentenced to a term of imprisonment, shall be sentenced to
a term of not less than one year nor more than 12 years; or
(c) The offense occurred during a period in which his
or her privileges to operate a watercraft are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under subsection
(B).
5. Every person convicted of violating this Section shall
be guilty of a Class 2 felony if the offense results in the
death of a person. A person guilty of a Class 2 felony under
this paragraph 5, if sentenced to a term of imprisonment,
shall be sentenced to a term of not less than 3 years and not
more than 14 years.
5.1. A person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 aboard the watercraft at the time of offense is
subject to a mandatory minimum fine of $500 and to a mandatory
minimum of 5 days of community service in a program benefiting
children. The assignment under this paragraph 5.1 is not
subject to suspension and the person is not eligible for
probation in order to reduce the assignment.

HB4333 - 118 - LRB104 16469 LNS 29864 b
5.2. A person found guilty of violating this Section, if
his or her operation of a watercraft while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, is liable for the expense of
an emergency response as provided in subsection (m) of Section
11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this paragraph 5.3 shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
6. (a) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the watercraft
operation privileges of any person convicted or found guilty

HB4333 - 119 - LRB104 16469 LNS 29864 b
of a misdemeanor under this Section, a similar provision of a
local ordinance, or Title 46 of the U.S. Code of Federal
Regulations for a period of one year, except that a first time
offender is exempt from this mandatory one year suspension.
As used in this subdivision (A)6(a), "first time offender"
means any person who has not had a previous conviction or been
assigned supervision for violating this Section, a similar
provision of a local ordinance or, Title 46 of the U.S. Code of
Federal Regulations, or any person who has not had a
suspension imposed under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the watercraft
operation privileges of any person convicted of a felony under
this Section, a similar provision of a local ordinance, or
Title 46 of the U.S. Code of Federal Regulations for a period
of 3 years.
(B) 1. Any person who operates or is in actual physical
control of any watercraft upon the waters of this State shall
be deemed to have given consent to a chemical test or tests of
blood, breath, other bodily substance, or urine for the
purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination
thereof in the person's blood or other bodily substance if
arrested for any offense of subsection (A) above. The chemical
test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the

HB4333 - 120 - LRB104 16469 LNS 29864 b
officer shall designate which of the tests shall be
administered. Up to 2 additional tests of urine or other
bodily substance may be administered even after a blood or
breath test or both has been administered.
1.1. For the purposes of this Section, an Illinois Law
Enforcement officer of this State who is investigating the
person for any offense defined in Section 5-16 may travel into
an adjoining state, where the person has been transported for
medical care to complete an investigation, and may request
that the person submit 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 citation for an offense as defined in Section
5-16 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 citation 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 in the existence of probable cause to
arrest. Upon returning to this State, the officer shall file
the uniform citation 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.
1.2. Notwithstanding any ability to refuse under this Act
to submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has

HB4333 - 121 - LRB104 16469 LNS 29864 b
probable cause to believe that a watercraft operated by or
under actual physical control of a person under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or any combination of them has caused the death of
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, other bodily substance, or
urine for the purpose of determining the alcohol content or
the presence of any other drug, intoxicating compound, or
combination of them. For the purposes of this Section, a
personal injury includes severe bleeding wounds, distorted
extremities, and injuries that require the injured party to be
carried from the scene for immediate professional attention in
either a doctor's office or a medical facility.
2. 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
above, and the test may be administered.
3. A person requested to submit to a chemical test as
provided above shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of such person's
privilege to operate a watercraft for a minimum of 2 years.
Following this warning, if a person under arrest refuses upon
the request of a law enforcement officer to submit to a test
designated by the officer, no test shall be given, but the law

HB4333 - 122 - LRB104 16469 LNS 29864 b
enforcement officer shall file with the clerk of the circuit
court for the county in which the arrest was made, and with the
Department of Natural Resources, a sworn statement naming the
person refusing to take and complete the chemical test or
tests requested under the provisions of this Section. Such
sworn statement shall identify the arrested person, such
person's current residence address and shall specify that a
refusal by such person to take the chemical test or tests was
made. Such sworn statement shall include a statement that the
arresting officer had reasonable cause to believe the person
was operating or was in actual physical control of the
watercraft within this State while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and that such chemical test
or tests were made as an incident to and following the lawful
arrest for an offense as defined in this Section or a similar
provision of a local ordinance, and that the person after
being arrested for an offense arising out of acts alleged to
have been committed while so operating a watercraft refused to
submit to and complete a chemical test or tests as requested by
the law enforcement officer.
3.1. The law enforcement officer submitting the sworn
statement as provided in paragraph 3 of this subsection (B)
shall serve immediate written notice upon the person refusing
the chemical test or tests that the person's privilege to
operate a watercraft within this State will be suspended for a

HB4333 - 123 - LRB104 16469 LNS 29864 b
period of 2 years unless, within 28 days from the date of the
notice, the person requests in writing a hearing on the
suspension.
If the person desires a hearing, such person shall file a
complaint in the circuit court for and in the county in which
such person was arrested for such hearing. Such hearing shall
proceed in the court in the same manner as other civil
proceedings, shall cover only the issues of whether the person
was placed under arrest for an offense as defined in this
Section or a similar provision of a local ordinance as
evidenced by the issuance of a uniform citation; whether the
arresting officer had reasonable grounds to believe that such
person was operating a watercraft while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof; and whether such person
refused to submit and complete the chemical test or tests upon
the request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a
watercraft would be suspended if such person refused to submit
to the chemical test or tests shall not be an issue.
If the person fails to request in writing a hearing within
28 days from the date of notice, or if a hearing is held and
the court finds against the person on the issues before the
court, the clerk shall immediately notify the Department of
Natural Resources, and the Department shall suspend the
watercraft operation privileges of the person for at least 2

HB4333 - 124 - LRB104 16469 LNS 29864 b
years.
3.2. If the person is a CDL holder and submits to a test
that discloses an alcohol concentration of 0.05 0.08 or more,
or any amount of a drug, substance or intoxicating compound in
the person's breath, blood, other bodily substance, or urine
resulting from the unlawful use of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as listed
in the Methamphetamine Control and Community Protection 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 circuit clerk of venue and the
Department of Natural Resources, certifying that the test or
tests were requested under paragraph 1 of this subsection (B)
and the person submitted to testing that disclosed an alcohol
concentration of 0.05 0.08 or more or any amount of a drug,
substance or intoxicating compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act. If the person is not a CDL holder and submits to
a test that discloses an alcohol concentration of 0.05 0.08 or
more, a tetrahydrocannabinol concentration in the person's

HB4333 - 125 - LRB104 16469 LNS 29864 b
whole blood or other bodily substance as defined in paragraph
6 of subsection (a) of Section 11-501.2 of the Illinois
Vehicle Code, or any amount of a drug, substance or
intoxicating compound in the person's breath, blood, other
bodily substance, or urine resulting from the unlawful use of
a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the
Methamphetamine Control and Community Protection 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 circuit clerk of venue and the
Department of Natural Resources, certifying that the test or
tests were requested under paragraph 1 of this subsection (B)
and the person submitted to testing that disclosed an alcohol
concentration of 0.05 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount
of a drug, substance or intoxicating compound in the person's
breath, blood, other bodily substance, or urine resulting from
the unlawful use of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as listed
in the Methamphetamine Control and Community Protection Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act.
In cases involving a person who is a CDL holder where the

HB4333 - 126 - LRB104 16469 LNS 29864 b
blood alcohol concentration of 0.05 0.08 or greater or any
amount of drug, substance or compound resulting from the
unlawful use of cannabis, a controlled substance,
methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or
urine collected at the time of arrest, the arresting officer
or arresting agency shall immediately submit a sworn report to
the circuit clerk of venue and the Department of Natural
Resources upon receipt of the test results. In cases involving
a person who is not a CDL holder where the blood alcohol
concentration of 0.05 0.08 or greater, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount
of drug, substance, or compound resulting from the unlawful
use of a controlled substance, methamphetamine, or an
intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, or urine collected at the
time of arrest, the arresting officer or arresting agency
shall immediately submit a sworn report to the circuit clerk
of venue and the Department of Natural Resources upon receipt
of the test results.
4. A person must submit to each chemical test offered by
the law enforcement officer in order to comply with the
implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois

HB4333 - 127 - LRB104 16469 LNS 29864 b
Vehicle Code, as amended, concerning the certification and use
of chemical tests apply to the use of such tests under this
Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof, the
concentration of alcohol, drug, or compound in the person's
blood, other bodily substance, or breath at the time alleged
as shown by analysis of a person's blood, urine, breath, or
other bodily substance shall give rise to the presumptions
specified in subdivisions 1, 2, and 3 of subsection (b) and
subsection (b-5) of Section 11-501.2 of the Illinois Vehicle
Code. The foregoing provisions of this subsection (C) 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, other drug or drugs,
intoxicating compound or compounds, or a combination thereof.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, 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,
other drug or drugs, intoxicating compound or compounds, or
combination of them was operating a watercraft.

HB4333 - 128 - LRB104 16469 LNS 29864 b
(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly
permit a watercraft to be operated by any person under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof.
(F) Whenever any person is convicted or found guilty of a
violation of this Section, including any person placed on
court supervision, the court shall notify the Office of Law
Enforcement of the Department of Natural Resources, to provide
the Department with the records essential for the performance
of the Department's duties to monitor and enforce any order of
suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24
hours after such arrest.
(Source: P.A. 102-145, eff. 7-23-21.)
(625 ILCS 45/5-16c)
Sec. 5-16c. Operator involvement in personal injury or
fatal boating accident; chemical tests.
(a) Any person who operates or is in actual physical
control of a motorboat within this State and who has been
involved in a personal injury or fatal boating accident shall
be deemed to have given consent to a breath test using a

HB4333 - 129 - LRB104 16469 LNS 29864 b
portable device as approved by the Illinois State Police or to
a chemical test or tests of blood, breath, other bodily
substance, or urine for the purpose of determining the content
of alcohol, other drug or drugs, or intoxicating compound or
compounds of the person's blood if arrested as evidenced by
the issuance of a uniform citation for a violation of the Boat
Registration and Safety Act or a similar provision of a local
ordinance, with the exception of equipment violations
contained in Article IV of this Act 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. Up to 2 additional
tests of urine or other bodily substance may be administered
even after a blood or breath test or both has been
administered. Compliance with this Section does not relieve
the person from the requirements of any other Section of this
Act.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if an
operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice registered nurse, registered nurse, or a

HB4333 - 130 - LRB104 16469 LNS 29864 b
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, this testing shall not
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 who is a CDL holder requested to submit to a
test under subsection (a) of this Section 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 0.05 0.08 or more, or any amount of
a drug, substance, or intoxicating compound 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 as detected in the person's blood, other bodily substance,
or urine, may result in the suspension of the 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 the
Illinois Vehicle Code. A person who is not a CDL holder
requested to submit to a test under subsection (a) of this

HB4333 - 131 - LRB104 16469 LNS 29864 b
Section 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 0.05 0.08 or more, a tetrahydrocannabinol concentration in
the person's whole blood or other bodily substance as defined
in paragraph 6 of subsection (a) of Section 11-501.2 of the
Illinois Vehicle Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of 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 the person's blood, other bodily substance,
or urine, may result in the suspension of the person's
privilege to operate a motor vehicle. The length of the
suspension shall be the same as outlined in Section 6-208.1 of
the Illinois Vehicle Code regarding statutory summary
suspensions.
(d) If the person is a CDL holder and refuses testing or
submits to a test which discloses an alcohol concentration of
0.05 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, 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

HB4333 - 132 - LRB104 16469 LNS 29864 b
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 of State, certifying that the test or tests were
requested under 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 0.05 0.08 or more,
or any amount of a drug, substance, or intoxicating compound
in the person's blood, other bodily substance, 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. If the
person is not a CDL holder and refuses testing or submits to a
test which discloses an alcohol concentration of 0.05 0.08 or
more, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph
6 of subsection (a) of Section 11-501.2 of the Illinois
Vehicle Code, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in

HB4333 - 133 - LRB104 16469 LNS 29864 b
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 of State, certifying that the test or tests were
requested under 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 0.05 0.08 or more,
a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound in the person's blood or urine, resulting from the
unlawful use or consumption of 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 of State shall enter the suspension and
disqualification to the person'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
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person

HB4333 - 134 - LRB104 16469 LNS 29864 b
and this suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.05 0.08 or more, or any
amount of a drug, substance, or intoxicating compound
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, is
established by a subsequent analysis of blood, other bodily
substance, 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 this notice
in an envelope with postage prepaid and addressed to the
person at his or her address as shown on the uniform citation
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given. In cases
involving a person who is not a CDL holder where the blood
alcohol concentration of 0.05 0.08 or more, a
tetrahydrocannabinol concentration in the person's whole blood
or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound resulting from the unlawful use or consumption of a

HB4333 - 135 - LRB104 16469 LNS 29864 b
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, other bodily
substance, 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 this notice
in an envelope with postage prepaid and addressed to the
person at his or her address as shown on the uniform citation
and the suspension 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 of State shall also give notice of the
suspension and disqualification to the person by mailing a
notice of the effective date of the suspension and
disqualification to the person. However, should the sworn
report be defective by 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 person 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 of State in accordance with Section 2-118 of the

HB4333 - 136 - LRB104 16469 LNS 29864 b
Illinois Vehicle Code. At the conclusion of a hearing held
under Section 2-118 of the Illinois Vehicle Code, the
Secretary of State may rescind, continue, or modify the orders
of suspension and disqualification. If the Secretary of State
does not rescind the orders of suspension and
disqualification, a restricted driving permit may be granted
by the Secretary of State 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 the Illinois Vehicle Code. The provisions of Section 6-206
of the Illinois Vehicle 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) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the accident
report completed by a law enforcement officer that requires
immediate professional attention in 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. 102-538, eff. 8-20-21.)

HB4333 - 137 - LRB104 16469 LNS 29864 b
Section 20. The Workers' Compensation Act is amended by
changing Section 11 as follows:
(820 ILCS 305/11) (from Ch. 48, par. 138.11)
Sec. 11. Measure of responsibility. Except as provided in
Section 1.2, the compensation herein provided, together with
the provisions of this Act, shall be the measure of the
responsibility of any employer engaged in any of the
enterprises or businesses enumerated in Section 3 of this Act,
or of any employer who is not engaged in any such enterprises
or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this Act, and whose election to continue
under this Act, has not been nullified by any action of his
employees as provided for in this Act.
Accidental injuries incurred while participating in
voluntary recreational programs including but not limited to
athletic events, parties and picnics do not arise out of and in
the course of the employment even though the employer pays
some or all of the cost thereof. This exclusion shall not apply
in the event that the injured employee was ordered or assigned
by his employer to participate in the program.
Notwithstanding any other defense, accidental injuries
incurred while the employee is engaged in the active
commission of and as a proximate result of the active

HB4333 - 138 - LRB104 16469 LNS 29864 b
commission of (a) a forcible felony, (b) aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, or (c) reckless homicide and for which the employee
was convicted do not arise out of and in the course of
employment if the commission of that forcible felony,
aggravated driving under the influence, or reckless homicide
caused an accident resulting in the death or severe injury of
another person. If an employee is acquitted of a forcible
felony, aggravated driving under the influence, or reckless
homicide that caused an accident resulting in the death or
severe injury of another person or if these charges are
dismissed, there shall be no presumption that the employee is
eligible for benefits under this Act. No employee shall be
entitled to additional compensation under Sections 19(k) or
19(l) of this Act or attorney's fees under Section 16 of this
Act when the employee has been charged with a forcible felony,
aggravated driving under the influence, or reckless homicide
that caused an accident resulting in the death or severe
injury of another person and the employer terminates benefits
or refuses to pay benefits to the employee until the
termination of any pending criminal proceedings.
Accidental injuries incurred while participating as a
patient in a drug or alcohol rehabilitation program do not
arise out of and in the course of employment even though the
employer pays some or all of the costs thereof.

HB4333 - 139 - LRB104 16469 LNS 29864 b
Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by this amendatory Act of
the 93rd General Assembly is declarative of existing law and
is not a new enactment.
No compensation shall be payable if (i) the employee's
intoxication is the proximate cause of the employee's
accidental injury or (ii) at the time the employee incurred
the accidental injury, the employee was so intoxicated that
the intoxication constituted a departure from the employment.
Admissible evidence of the concentration of (1) alcohol, (2)
cannabis as defined in the Cannabis Control Act, (3) a
controlled substance listed in the Illinois Controlled
Substances Act, or (4) an intoxicating compound listed in the
Use of Intoxicating Compounds Act in the employee's blood,
breath, or urine at the time the employee incurred the
accidental injury shall be considered in any hearing under
this Act to determine whether the employee was intoxicated at

HB4333 - 140 - LRB104 16469 LNS 29864 b
the time the employee incurred the accidental injuries. If at
the time of the accidental injuries, there was 0.05% 0.08% or
more by weight of alcohol in the employee's blood, breath, or
urine or if there is any evidence of impairment due to the
unlawful or unauthorized use of (1) cannabis as defined in the
Cannabis Control Act, (2) a controlled substance listed in the
Illinois Controlled Substances Act, or (3) an intoxicating
compound listed in the Use of Intoxicating Compounds Act or if
the employee refuses to submit to testing of blood, breath, or
urine, then there shall be a rebuttable presumption that the
employee was intoxicated and that the intoxication was the
proximate cause of the employee's injury. The employee may
overcome the rebuttable presumption by the preponderance of
the admissible evidence that the intoxication was not the sole
proximate cause or proximate cause of the accidental injuries.
Percentage by weight of alcohol in the blood shall be based on
grams of alcohol per 100 milliliters of blood. Percentage by
weight of alcohol in the breath shall be based upon grams of
alcohol per 210 liters of breath. Any testing that has not been
performed by an accredited or certified testing laboratory
shall not be admissible in any hearing under this Act to
determine whether the employee was intoxicated at the time the
employee incurred the accidental injury.
All sample collection and testing for alcohol and drugs
under this Section shall be performed in accordance with rules
to be adopted by the Commission. These rules shall ensure:

HB4333 - 141 - LRB104 16469 LNS 29864 b
(1) compliance with the National Labor Relations Act
regarding collective bargaining agreements or regulations
promulgated by the United States Department of
Transportation;
(2) that samples are collected and tested in
conformance with national and State legal and regulatory
standards for the privacy of the individual being tested,
and in a manner reasonably calculated to prevent
substitutions or interference with the collection or
testing of reliable sample;
(3) that split testing procedures are utilized;
(4) that sample collection is documented, and the
documentation procedures include:
(A) the labeling of samples in a manner so as to
reasonably preclude the probability of erroneous
identification of test result; and
(B) an opportunity for the employee to provide
notification of any information which he or she
considers relevant to the test, including
identification of currently or recently used
prescription or nonprescription drugs and other
relevant medical information;
(5) that sample collection, storage, and
transportation to the place of testing is performed in a
manner so as to reasonably preclude the probability of
sample contamination or adulteration; and

HB4333 - 142 - LRB104 16469 LNS 29864 b
(6) that chemical analyses of blood, urine, breath, or
other bodily substance are performed according to
nationally scientifically accepted analytical methods and
procedures.
The changes to this Section made by Public Act 97-18 apply
only to accidental injuries that occur on or after September
1, 2011.
(Source: P.A. 101-6, eff. 5-17-19.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.