SB 577 — VEH CD-SOS-HEARINGS

failed to submit a report as required by Section 6-116.5 of this Code;

or 9.

has been convicted of a sex offense as defined in the Sex Offender Registration Act.

The driver’s license shall remain cancelled until the driver registers as a sex offender as required by the Sex Offender Registration Act, proof of the registration is furnished to the Secretary of State and the sex offender provides proof of current address to the Secretary;

or.

10.

9.

is ineligible for a license or permit under Section 6-107, 6-107.1, or 6-108 of this Code.

SB0577 Enrolled - 8 - LRB095 04707 DRH 28347 b (b) Upon such cancellation the licensee or permittee must surrender the license or permit so cancelled to the Secretary of State.

(c) Except as provided in Sections 6-206.1 and 7-702.1, the Secretary of State shall have exclusive authority to grant, issue, deny, cancel, suspend and revoke driving privileges, drivers’ licenses and restricted driving permits.

(d) The Secretary of State may adopt rules to implement this Section.

(Source:

P.A.

94-556, eff.

9-11-05;

94-916, eff.

7-1-07;

94-993, eff.

1-1-07;

revised 8-3-06.) (625 ILCS 5/6-205) (from Ch.

95 1/2, par.

6-205) Sec.

6-205.

Mandatory revocation of license or permit;

Hardship cases.

(a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver’s conviction of any of the following offenses:

1.

Reckless homicide resulting from the operation of a motor vehicle;

2.

Violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any SB0577 Enrolled - 9 - LRB095 04707 DRH 28347 b combination thereof;

3.

Any felony under the laws of any State or the federal government in the commission of which a motor vehicle was used;

4.

Violation of Section 11-401 of this Code relating to the offense of leaving the scene of a traffic accident involving death or personal injury;

5.

Perjury or the making of a false affidavit or statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;

6.

Conviction upon 3 charges of violation of Section 11-503 of this Code relating to the offense of reckless driving committed within a period of 12 months;

7.

Conviction of any offense defined in Section 4-102 of this Code;

8.

Violation of Section 11-504 of this Code relating to the offense of drag racing;

9.

Violation of Chapters 8 and 9 of this Code;

10.

Violation of Section 12-5 of the Criminal Code of 1961 arising from the use of a motor vehicle;

11.

Violation of Section 11-204.1 of this Code relating to aggravated fleeing or attempting to elude a peace officer;

12.

Violation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, SB0577 Enrolled - 10 - LRB095 04707 DRH 28347 b relating to the unlawful operation of a commercial motor vehicle;

13.

Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.

(b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations:

1.

Of any minor upon receiving the notice provided for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code;

2.

Of any person when any other law of this State requires either the revocation or suspension of a license or permit.

(c)(1) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence SB0577 Enrolled - 11 - LRB095 04707 DRH 28347 b and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner to and from for alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or for the petitioner to attend classes, as a student, in an accredited educational institution;

if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare;

provided that the Secretary’s discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the restricted driving permit.

Those multiple offenders identified in subdivision (b)4 of Section 6-208 of this Code, however, shall not be eligible for the issuance of a restricted driving permit.

(2) If a person’s license or permit is has been 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, where the use of alcohol or other drugs is recited as an element of the SB0577 Enrolled - 12 - LRB095 04707 DRH 28347 b 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.

(3) If a person’s license or permit is has been revoked or suspended 2 or more times within a 10 year period due to any combination of:

(A) 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, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense;

or, and (B) a statutory summary suspension under Section 11-501.1;

, or (C) a suspension pursuant to Section 6-203.1, 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, 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.

(4) The person must pay to the Secretary of State DUI SB0577 Enrolled - 13 - LRB095 04707 DRH 28347 b Administration Fund an amount not to exceed $20 per month.

The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.

(5) If the restricted driving permit is was issued for employment purposes, then the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device this provision does not apply to the operation of an occupational vehicle owned or leased by that person’s employer when used solely for employment purposes.

(6) In each case the Secretary of State may issue a restricted driving permit for a period he deems appropriate, except that the permit shall expire within one year from the date of issuance.

The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or any similar out-of-state offense, or any combination of these offenses, or any combination thereof, until the SB0577 Enrolled - 14 - LRB095 04707 DRH 28347 b expiration of at least one year from the date of the revocation.

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 petitioner 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.

However, if an individual’s driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period.

(d)(1) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, or a similar out-of-state offense, the Secretary of State shall revoke the driving privileges of that person.

One year after the date of SB0577 Enrolled - 15 - LRB095 04707 DRH 28347 b revocation, and 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 granting the privilege of driving a motor vehicle only between the hours of 5 a.m.

and 9 p.m.

or as otherwise provided by this Section for a period of one year.

After this one year period, and upon reapplication for a license as provided in Section 6-106, upon payment of the appropriate reinstatement fee provided under paragraph (b) of Section 6-118, the Secretary of State, in his discretion, may reinstate the petitioner’s driver’s license and driving privileges issue the applicant a license, or extend the restricted driving permit as many times as the Secretary of State deems appropriate, by additional periods of not more than 12 months each, until the applicant attains 21 years of age.

(2) If a person’s license or permit is has been 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, 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 SB0577 Enrolled - 16 - LRB095 04707 DRH 28347 b equipped with an ignition interlock device as defined in Section 1-129.1.

(3) If a person’s license or permit is has been revoked or suspended 2 or more times within a 10 year period due to any combination of:

(A) 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, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense;

or, and (B) a statutory summary suspension under Section 11-501.1;, or (C) a suspension pursuant to Section 6-203.1, 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, 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.

(4) The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month.

The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.

(5) If the restricted driving permit is was issued for SB0577 Enrolled - 17 - LRB095 04707 DRH 28347 b employment purposes, then the prohibition against driving a vehicle that is not equipped with an ignition interlock device this provision does not apply to the operation of an occupational vehicle owned or leased by that person’s employer when used solely for employment purposes.

(6) 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 revocation periods contained in this subparagraph shall apply to similar out-of-state convictions.

(e) This Section is subject to the provisions of the Driver License Compact.

(f) Any revocation imposed upon any person under subsections 2 and 3 of paragraph (b) that is in effect on December 31, 1988 shall be converted to a suspension for a like period of time.

(g) 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 revoked under any provisions of this Code.

SB0577 Enrolled - 18 - LRB095 04707 DRH 28347 b (h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar provision of a local ordinance.

The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system.

(i) The Secretary of State may not issue a restricted driving permit for a period of one year after a second or subsequent revocation of driving privileges under clause (a)(2) of this Section;

however, one year after the date of a second or subsequent revocation of driving privileges under clause (a)(2) of this Section, the Secretary of State may, upon application, issue a restricted driving permit under the terms and conditions of subsection (c).

(j) 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 revoked under any provisions of this Code.

(Source:

P.A.

93-120, eff.

1-1-04;

94-307, eff.

9-30-05.) (625 ILCS 5/6-206) (from Ch.

95 1/2, par.

(a) The Secretary of State is authorized to suspend or SB0577 Enrolled - 19 - LRB095 04707 DRH 28347 b 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:

Has been repeatedly involved as a driver in motor SB0577 Engrossed - 6 - LRB095 04707 DRH 28347 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;

Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or 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 SB0577 Enrolled - 20 - LRB095 04707 DRH 28347 b violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;

Has refused or failed to submit to an examination provided for by Section 6-207 or has failed to pass the SB0577 Engrossed - 7 - LRB095 04707 DRH 28347 b examination;

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 judicial SB0577 Enrolled - 21 - LRB095 04707 DRH 28347 b driving permit, probationary license to drive, or a restricted driving permit issued under this Code;

Has committed a violation of Section 6-301, 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B SB0577 Engrossed - 8 - LRB095 04707 DRH 28347 b of the Illinois Identification Card Act;

SB0577 Enrolled - 22 - LRB095 04707 DRH 28347 b 19.

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 relating to unlawful use of SB0577 Engrossed - 9 - LRB095 04707 DRH 28347 b weapons, in which case the suspension shall be for one year;

Has permitted any form of identification to be used by another in the application process in order to obtain or SB0577 Enrolled - 23 - LRB095 04707 DRH 28347 b attempt to obtain a license, identification card, or permit;

Has been convicted 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 SB0577 Engrossed - 10 - LRB095 04707 DRH 28347 b methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person’s driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for 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 shall be suspended for 5 years.

Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the SB0577 Enrolled - 24 - LRB095 04707 DRH 28347 b 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;

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 juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments SB0577 Engrossed - 11 - LRB095 04707 DRH 28347 b used for illegal drug use or abuse in which case the driver’s driving privileges shall be suspended for one year;

Has refused to submit to a test as required by Section 11-501.6 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, or an intoxicating SB0577 Enrolled - 25 - LRB095 04707 DRH 28347 b compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6-208.1;

SB0577 Engrossed - 12 - LRB095 04707 DRH 28347 b 34.

Has been convicted of a violation of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of SB0577 Enrolled - 26 - LRB095 04707 DRH 28347 b a local ordinance;

Has, in connection with or during the course of a SB0577 Engrossed - 13 - LRB095 04707 DRH 28347 b formal hearing conducted under Section 2-118 of this Code:

(b) If any conviction forming the basis of a suspension or SB0577 Enrolled - 27 - LRB095 04707 DRH 28347 b 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.

The notice to be SB0577 Engrossed - 14 - LRB095 04707 DRH 28347 b deposited in the United States mail, postage prepaid, to the last known address of the person.

Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on SB0577 Enrolled - 28 - LRB095 04707 DRH 28347 b forms to be provided by the Secretary of State setting forth the facts of the person’s occupation.

SB0577 Engrossed - 15 - LRB095 04707 DRH 28347 b 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.

or, good cause appearing therefor, SB0577 Enrolled - 29 - LRB095 04707 DRH 28347 b 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,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 his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner’s family, to receive necessary medical care and if the professional evaluation indicates, provide transportation to and from for alcohol remedial or rehabilitativedrug activity,remedial or forrehabilitative theactivity petitionerrecommended toby attenda SB0577licensed Engrossedservice -provider, 16or -for LRB095the 04707petitioner DRHto 28347attend b classes, as a student, in an accredited educational institution;institution.

ifThe; the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare.

Ifif athe person’spetitioner licensemust oris permitable has been revoked or suspended due to 2demonstrate orthat moreno convictionsalternative ofmeans violating Section 11-501 of thistransportation Codeis orreasonably aavailable similarand provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person,the ifpetitioner issuedwill a restricted driving permit, may not operateendanger athe vehiclepublic unlesssafety itor haswelfare. been equipped with an ignition interlock device as defined in Section 1-129.1.

IfThose amultiple person’soffenders licenseidentified orin permitsubdivision has(b)4 been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-5016-208 of this CodeCode, orhowever, ashall similarnot provisionbe ofeligible afor localthe ordinanceissuance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit,permit. may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.

The(A) personIf musta payperson’s license or permit is has been revoked or suspended due to the2 Secretaryor more convictions of Stateviolating DUISection Administration11-501 Fundof anthis amountCode notor toa exceedsimilar $20provision of a local ordinance or a similar out-of-state offense, or SB0577 EngrossedEnrolled - 1730 - LRB095 04707 DRH 28347 b perSection month.9-3 of the Criminal Code of 1961, 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 has been revoked or suspended 2 or more times within a 10 year period 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, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense;

or, and (ii) a statutory summary suspension under Section 11-501.1;

, or (iii) a suspension under Section 6-203.1, 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, 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 SB0577 Enrolled - 31 - LRB095 04707 DRH 28347 b 1-129.1.

(C) The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month.

(D) If the restricted driving permit is was issued for employment purposes, then the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device this provision does not apply to the operation of an occupational vehicle owned or leased by that person’s employer.employer when used solely for employment purposes.

(E) In each case the Secretary may issue a restricted driving permit for a period deemed appropriate, except that all permits shall expire within one year from the date of issuance.

The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or any SB0577 Enrolled - 32 - LRB095 04707 DRH 28347 b similar out-of-state offense, or any combination of those offenses, until the expiration of at least one year from the date of the revocation.

except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for SB0577 Engrossed - 18 - LRB095 04707 DRH 28347 b the revocation, suspension, or cancellation of a restricted driving permit.

SB0577 Enrolled - 33 - LRB095 04707 DRH 28347 b (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.

SB0577 Engrossed - 19 - LRB095 04707 DRH 28347 b 93-788, eff.

(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 SB0577 Enrolled - 34 - LRB095 04707 DRH 28347 b evidence of the driver’s physical condition or other first hand knowledge of the police officer.

(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 SB0577 Engrossed - 20 - LRB095 04707 DRH 28347 b paragraph (a) of this Section and the test or tests may be administered subject to the following provisions:

SB0577 Enrolled - 35 - LRB095 04707 DRH 28347 b (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.

(iii) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified SB0577 Engrossed - 21 - LRB095 04707 DRH 28347 b 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.

(vi) If a driver is receiving medical treatment as a result of a motor vehicle accident, a physician licensed to SB0577 Enrolled - 36 - LRB095 04707 DRH 28347 b 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.

(c) A person requested to submit to a test as provided SB0577 Engrossed - 22 - LRB095 04707 DRH 28347 b 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 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 SB0577 Enrolled - 37 - LRB095 04707 DRH 28347 b and the testing discloses an alcohol concentration of more than 0.00 and less than 0.08.

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 SB0577 Engrossed - 23 - LRB095 04707 DRH 28347 b 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.

Upon receipt of the sworn report of a law enforcement SB0577 Enrolled - 38 - LRB095 04707 DRH 28347 b 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.

(e) A driver may contest this driver’s license sanction by requesting an administrative hearing with the Secretary of SB0577 Engrossed - 24 - LRB095 04707 DRH 28347 b State in accordance with Section 2-118 of this Code.

(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 SB0577 Enrolled - 39 - LRB095 04707 DRH 28347 b person was in violation of any provision 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 SB0577 Engrossed - 25 - LRB095 04707 DRH 28347 b officer;

and (6) whether the test result of an alcohol concentration of more than 0.00 was based upon the person’s consumption SB0577 Enrolled - 40 - LRB095 04707 DRH 28347 b of alcohol in the performance of a religious service or ceremony;

Failure of the officer to answer the subpoena shall be grounds for a continuance if, in SB0577 Engrossed - 26 - LRB095 04707 DRH 28347 b the hearing officer’s discretion, the continuance is appropriate.

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 SB0577 Enrolled - 41 - LRB095 04707 DRH 28347 b restricted driving permit for suspensions imposed under this Section.

A law enforcement officer may, however, pursue a statutory summary suspension of driving SB0577 Engrossed - 27 - LRB095 04707 DRH 28347 b privileges under Section 11-501.1 of this Code if other physical evidence or first hand knowledge forms the basis of that suspension.

SB0577 Enrolled - 42 - LRB095 04707 DRH 28347 b (Source: