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Illinois

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

THC per se (5 nanograms)

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Lifetime

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

101-150 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

Cannabis-specific open container law

Cannabis Laws (2020)

Recreational & Medical Cannabis

DUID: Implied Consent Testing Methods

Blood, urine, and other bodily substances

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drugged Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Depressants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Administrative license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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…

Blood

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…

Urine

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…

Oral Fluids

No

Other

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…

DUI Statutes

Drugs

Sec. 11-501 - Learn More
Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof..

Combined/Multiple Substance

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

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

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.

Criminal Trial

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.

ALR Laws

Cannabis

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.

Length/Time of Restriction

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.

Hardship License Available

Sec. 6-205 - Learn More
Yes, at the discretion of the Secretary of State

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Sec. 11-501 - Learn More
Required for all DUIs

Other Drugs

Sec. 11-501 - Learn More
Required for all DUIs

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No
No

Cannabis Per Se Statute

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."

Threshold

See above

Nanogram Limit

>5 nanograms in whole blood; >10 in another bodily substance

DUI Standards

Specific to THC (see above)

Provisions for Screening Cannabis/Assessment/Education/Treatment

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.

Additional Penalties

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.

Cannabis Impaired Driving Penalties

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

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

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.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No additional penalties

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

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.

Electronic Warrant Program

Statewide

No

By Locality

Approximately 10 of Illinois 102 counties

Law Enforcement Phlebotomy Program

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.

Oral Fluid

For Drug Detection

No

Roadside - Not Evidential

No

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

Sec. 10-5 - Learn More
Recreational: 21
Medical: No minimum but those younger than 18 need permission from a parent or legal guardian

Underage Cannabis Laws and Penalties

Underage Possession

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

Underage Consumption

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.

Underage Purchase

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.

Underage Attempt to Purchase

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.

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

410 ILCS 130/1 - Learn More the Compassionate Use of Medical Cannabis Program Act, outlines the medical marijuana program in Illinois.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

If sentenced for DUI, same as adult. See Above.

Social Host Laws

Cannabis

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.

Drugs

(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.

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available