Third offense
Zero tolerance for some drugs
THC per se (5 nanograms)
Enhanced penalties
0.16
Lifetime
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
151-250 DREs
1-5 DUI Courts
1-5 Hybrid Courts
Cannabis-specific open container law
Decriminalized
Blood, urine, and other bodily substances
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory all offender
Legislation
Depressants
Administrative license suspension
Distinctive License & No Seizure Law
Utilizes No Refusal program
Oral fluid testing authorized
Sec. 11-501.1 - Learn More
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…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…
Sec. 11-501.1 - Learn More
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…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…
Sec. 11-501.1 - Learn More
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…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…
No
Sec. 11-501.1 - Learn More
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…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…
Sec. 11-501 - Learn More
Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof..
Sec. 11-501 - Learn More
Drivers may not be 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
Sec. 11-501.1 Learn More
First offense: Suspension of driving privileges for 12 months (eligible for a Monitoring Device Driving Permit).
Second and subsequent offenses: Suspension of driving privileges for three years.
Sec. 11-501.2 - Learn More
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.
Sec. 11-501.2 - Learn More
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.
Sec. 6-201 - Learn More
The Secretary of State is authorized to cancel any license or permit upon determining that the holder thereof:
...has refused or neglected to submit an alcohol, drug, and intoxicating compound evaluation or to submit to examination or re-examination as required under this Act; or…has been convicted of violating the Cannabis Control Act…while that individual was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act…shall not be considered convicted.
Sec. 6-205 - Learn More
The Secretary of State shall not issue a new license or permit for a period of one year after the date of cancellation. However, upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety, or welfare, issue a restricted driving permit.
Sec. 6-205 - Learn More
Yes, at the discretion of the Secretary of State
Sec. 11-501 - Learn More
Required for all DUIs
Sec. 11-501 - Learn More
Required for all DUIs
According to 410 ILCS 705/10-15, a person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act.
If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.
§10-15 - Learn More
Sec. 11-501(a)(7) - Learn More
Driver are committing DUI if “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.” Learn More of this Code."
See above
>5 nanograms in whole blood; >10 in another bodily substance
Specific to THC (see above)
Sec. 11-501.01(a)
After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation.
Per Sec. 11-501.01(h), Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation.
Sec. 11-501 - Learn More
First offense: Class A misdemeanor; revocation of driving privileges for one year (two years if driver is under age 21)
Second offense: Class A misdemeanor; 5 days of imprisonment or 240 hours of community service; revocation of driving privileges for 5 years (if convicted w/in 20 years of 1st conviction)
Third offense (Aggravated DUI): Class 2 felony; revocation of driving privileges for a minimum of 10 years
Fourth offense (Aggravated DUI): Class 2 felony; revocation of driving privileges for life
Fifth offense (Aggravated DUI): Class 1 felony; revocation of driving privileges for life
Sixth offense (Aggravated DUI): Class X felony; revocation of driving privileges for life
Yes
Yes
Per Sec. 11-501 - Learn More drivers may not be 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.
No additional penalties
Sec. 11-501 - Learn More
Enhanced penalties escalating with # of convictions
For first offense: subject to 6 months of imprisonment, 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.
Sec. 501.2(a)(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.
No
Approximately 10 of Illinois 102 counties
Yes
Sec. 11-501.2(a)(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.
No
No
No
No
Sec. 10-5 - Learn More
Recreational: 21
Medical: No minimum but those younger than 18 need permission from a parent or legal guardian
410 ILCS 705/ Cannabis Regulation and Tax Act - Learn More
A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act. - Learn More
720 ILCS 550/ Cannabis Control Act - Learn More
Any person under 18 years of age who violates Section 4 or 5 of this Act may be treated by the court in accordance with the Juvenile Court Act of 1987.
720 ILCS 550/ Cannabis Control Act - Learn More
Any person under 18 years of age who violates Section 4 or 5 of this Act may be treated by the court in accordance with the Juvenile Court Act of 1987.
720 ILCS 550/ Cannabis Control Act - Learn More
Any person under 18 years of age who violates Section 4 or 5 of this Act may be treated by the court in accordance with the Juvenile Court Act of 1987.
410 ILCS 130/1 - Learn More the Compassionate Use of Medical Cannabis Program Act, outlines the medical marijuana program in Illinois.
No Data Available
If sentenced for DUI, same as adult. See Above.
Sec. 10-15 - Learn More
It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section.
(740 ILCS 58/5)
Responsibility of person who supplies alcoholic liquor or illegal drugs to a person under 18 years of age.
(a) Any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age and causes the impairment of such person shall be liable for death or injuries to persons or property caused by the impairment of such person.
720 ILCS 550/7 - Learn More
An adult (18 or older) who sells or delivers marijuana to a minor who is at least three years younger faces twice the maximum sentence.
No Data Available