625 ILCS 5/11-501.8
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 11 - Rules Of The Road

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.(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or who is otherwise in a condition  rendering that person incapable of refusal,  shall be deemed not to have  withdrawn the consent provided by paragraph (a) of this Section and the test or  tests may be administered subject to the following provisions:(i) Chemical analysis of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 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 accident, 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 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 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 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 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.(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 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 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.(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.)