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zero tolerence law
NOTE:
This Illinois Statute
is provided as a service to educate the general public only. It is not
intended as an endorsement or inducement of the unauthorized practice
of law. As with all legal matters one must research the most current
statement of the law in the Illinois Compiled Statutes and then
research the applicable case law interpreting the provision of the law
in question prior to determining a legal positions.
In order to protect your legal interest you should consult with a
practicing attorney.
Illinois Zero Tolerance Law
The Illinois Zero Tolerance law
provides in pertinent part as follows:
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, 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. A urine
test may be administered even after a blood or breath test or both has
been administered.
(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refusal, shall be deemed not to have withdrawn the consent provided by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 Department of Public Health
in consultation with the Department of State Police by an individual
possessing a valid permit issued by that Department for this purpose.
The Director of the Department of Public Health, in consultation with
the Department of 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 Department of Public Health 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
registered nurse, or other qualified person trained in venipuncture
and acting under the direction of a licensed physician may withdraw
blood for the purpose of determining the alcohol content therein. This
limitation does not apply to the taking of breath 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 accident, a physician
licensed to practice medicine, 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 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. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
(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 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 0.08.
Upon receipt of the sworn report of a
law enforcement officer, the Secretary of State shall enter the
driver's license sanction on the individual's driving record and the
sanctions shall be effective on the 46th day following the date notice
of the sanction was given to the person. If this sanction 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.
The law enforcement officer submitting
the sworn report shall serve immediate notice of this driver's license
sanction on the person and the sanction 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 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 driver's license sanction to the driver by mailing a notice of
the effective date of the sanction to the individual. However, should
the sworn report be defective by not containing sufficient information
or be completed in error, the notice of the driver's license sanction
may not be mailed to the person or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this driver's
license sanction 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
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 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; or
(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 and the person 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; or
(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.
Provided that the petitioner may
subpoena the officer, the hearing may be conducted upon a review of
the law enforcement officer's own official reports. Failure of the
officer to answer the subpoena shall be grounds for a continuance if,
in the hearing officer's discretion, the continuance is appropriate.
At the conclusion of the hearing held under Section 2-118 of this
Code, the Secretary of State may rescind, continue, or modify the
driver's license sanction. If the Secretary of State does not rescind
the sanction, 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 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 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.
(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, or denying any license, permit,
registration, or certificate of title 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.
Period of Suspension
Illinois law establishes the period of
license suspension for zero tolerance violations as follows:
Restoration of driving privileges;
persons under age 21.
(a) Unless the suspension based upon
consumption of alcohol by a minor or refusal to submit to testing has
been rescinded by the Secretary of State in accordance with item
(c)(3) of Section 6-206 of this Code, a person whose privilege to
drive a motor vehicle on the public highways has been suspended under
Section 11-501.8 is not eligible for restoration of the privilege
until the expiration of
1. Six months from the effective date
of the suspension for a refusal or failure to complete a test or tests
to determine the alcohol concentration under Section 11-501.8;
2. Three months from the effective
date of the suspension imposed following the person's submission to a
chemical test which disclosed an alcohol concentration greater than
0.00 under Section 11-501.8;
3. Two years from the effective date
of the suspension for a person who has been previously suspended under
Section 11-501.8 and who refuses or fails to complete a test or tests
to determine the alcohol concentration under Section 11-501.8; or
4. One year from the effective date of
the suspension imposed for a person who has been previously suspended
under Section 11-501.8 following submission to a chemical test that
disclosed an alcohol concentration greater than 0.00 under Section
11-501.8.
(b) Following a suspension of the
privilege to drive a motor vehicle under Section 11-501.8, full
driving privileges shall be restored unless the person is otherwise
disqualified by this Code.
(c) Full 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. The Secretary of State may also, as
a condition of the reissuance of a driver’s license or permit to an
individual under the age of 18 years whose driving privileges have
been suspended pursuant to Section 11-501.8, require the applicant to
participate in a driver remedial education course and be retested
under Section 6-109.
(d) Where a driving privilege has been
suspended under Section 11501.8 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 that
suspension shall be credited toward the minimum period of revocation
of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving
privileges under Section 11-501.8 for a person who has not had his or
her driving privileges previously suspended under that Section, the
Secretary of State may issue a restricted driving permit after at
least 30 days from the effective date of the suspension.
(f) Following a second or subsequent
suspension of driving privileges under Section 11-501.8 that is based
upon the person having refused or failed to complete a test or tests
to determine the alcohol concentration under Section 11-501.8, the
Secretary of State may issue a restricted driving permit after at
least 6 months from the effective date of the suspension.
(g) Following a second or subsequent
suspension of driving privileges under Section 11-501.8 that is based
upon the person having submitted to a chemical test that disclosed an
alcohol concentration greater than 0.00 under Section 11-501.8, the
Secretary of State may issue a restricted driving permit after at
least 90 days from the effective date of the suspension.
Any restricted driving permit
considered under this Section is subject to the provisions of item (e)
of Section 11-501.8.
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